Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Does the trust have a "spendthrift" clause in it? (A spendthrift clause is one that says the money cannot be used to pay creditors.)
A "spendthrift" clause would exempt (protect) the trust from the Bankruptcy estate. Otherwise, the Bankruptcy trustee can take the trust whenever you become entitled to it (when your mother passes away) - regardless of how long that takes, and can discharge debts, but keep the case for that long. (I know a trustee who has been holding a Bankruptcy case open for about 7 years.)In other words, the trust is treated as if you have already inherited it, even though you cannot yet touch it.
I think this is what you wanted to know. If not, please let me know.Thank you!