Evil Stepmom

[BigPerm]

What is the name of your state? CA

Gosh...I'll try to make this short & include all info...but here we go;

Dad & step mom created an revocable family trust. It appointed them as trustees. Included were provisions for each to take care of the other upon incapacitation. Upon the death on one of them the trust was to be divided into the "Survivors trust & the "Marital trust". In reviewing the document, it appears the surviviors trust may be "spent down" after the marital trust....therby putting the benificiaries "bequeath" at risk.

Can evil stepmom spend it all & gift away what she wants in order to Cut-Off the dads kids..?

I know it's much more involved...& I have a deeper understanding....but...

Thanx
BigPermWhat is the name of your state?

 

[tranquility]

Yes and no. Usually the B trust has what is called an ascertainable standard (often HEMS health, education, maintenance, support) the trustee can use as justification for spending. If the spending is done within that standard it is going to be OK.

The only real answer is to look at the trusts. You have provided nowhere near enough information to give you an answer beyond basic theory.

 

[Dandy Don]

You need to take whatever trust documents you have to a trust attorney to get a proper interpretation. Do you have a copy of both trusts or just one? Beneficiaries will not necessarily cut off and will receive something, but probably less than they will be expecting.

 

[BigPerm]

Thanx to you both. I know the info is scarce on details...but that's all I have. I only have a copy of the original trust, not the marital & surviviors. The original trust does outline what is to be put in each of the other trusts, as my post noted. I have retained an attorney to help find out if there's anything to argue over. Evil S/Mom has done everything she can to block any efforts to find out about assets. That, ( as I understand ) was allowed under Calif law, as they were still married. I'm worried that she will still not provide any info now that Dad's deceased.

She was advised before Dad's death NOT to change anything in the trust that would adversely effect my portion of the trust. Wonder if she'll take her own attorney's advice?

Would the courts look unfavorably on her IF she's been gifting her children & not his? I'm afraid she's bought some real estate, put it in thier names & so forth.

Thanx much

Big Perm