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Roger
Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband is selfish and an alcoholic in denial. He gambled

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My husband is selfish and an alcoholic in denial. He gambled away $300 of our son's SSI money. We are co trustees of our son's special needs trust. I need to protect our kids. How do I remove him as co trustee in the divorce? I had to quit a well paying job to care for our son 24/7. Do I qualify for spousal support?
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question, but I'm sorry for your trouble.

As for removing your husband from the special needs trust, you will have to file a petition to remove his as trustee with the court and show the judge that he is unfit to hold such a position, that he has breached his fiduciary duty to the trust and your son by spending the money for personal use, that he has committed fraud against the trust and that he cannot be relied on to hold this position. If you can prove he took money and spent it on something other than your son, that's pretty good proof.

In regard to spousal support, that is a need-based award that a judge can order if you can show that you need money from him to maintain your current standard of living. If you can prove that you need money from him to make ends meet, then the court can order him to pay you as long as he has enough income to pay the support amount. .
Customer: replied 3 years ago.
He can't spend any of the trust money, but he can be vindictive enough not to sign paperwork to be submitted to probate, should our son need anything. That is what I need to avoid. So the co trustee issue is separate from divorce proceeding?
Customer: replied 3 years ago.
Would proof of husband' s misuse of checking account be sufficient to prove he is unfit as a co trustee??
I've kept excellent financial records over the years.
Yes, the trust/trustee issue would be a separate issue from the divorce, and you would have to file a separate action on that matter.

Yes, any proof of misusing the funds is good proof and a viable basis to remove his as a trustee. A fiduciary duty is the highest legal duty under the law, and if he has breached that duty, he should be removed.
Roger and 3 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
I think I need to clarify: would his mis use of OUR checking account be sufficient proof he is unfit to be a co trustee of our son's trust?
Thanks for the clarification - - and sorry for the misunderstanding.

It would be proof that he is unable to handle money, and that he doesn't have the capability to perform as a trustee that requires a fiduciary duty.
Customer: replied 3 years ago.
Thank you SO much!!!! Very helpful!!!

No problem; glad to help!

Thanks for allowing me to assist you. If the need arises, I'll be glad to answer any additional questions you have regarding this or any other issue. Just let me know.

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