Estate Law Questions? Ask an Estate Lawyer.
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I am assuming this was a revocable living trust that became irrevocable upon his passing. Is that correct? Do you currently have an attorney?
I was guessing it was irrevocable because otherwise you could save all the trouble and just revoke it and have everything come back to you.
Is your attorney experienced in estate planning and litigation or do you know?
Since it is irrevocable then your child is likely going to ask that the Judge appoint a new trustee to take over management of trust assets. It would depend on the language of the trust as to what you receive if this will be a big issue. Does the trust provide that you shall be paid a specific sum every year either once a year, twice, monthly, etc.?
If not, does it state that the trust shall pay all reasonable expenses related to the health safety and welfare of "you". With this language does it say that the trustee can make these decisions based upon his/her sole discretion? Is there also any language that says that the trustee may dip into the Corpus (principal) of the trust to pay you or can only use income earned by the trust?
Is there language that says the trustee shall not make these decisions based on an effort to maximize payment to other beneficiaries (this would mean the trustee should limit payment to you to only that which is necessary in an effort to maximize what is left for your children.
Just a quick note that I need to run some errands and will be back online in about an hour just after 6:00 PM CST
Could you answer my questions above so that I can better answer your question?