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Trusts: Education, Support, Maintenace

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greamer01

Guest
What do the terms "education, support, and maintenance" really mean in a testamentary trust?.
We paid a lawyer for this definition, but he never really answered the question. Do the courts interpret this term strictly or liberally? Any examples of this term? Ten years ag o, our lawyer said that short of opening an ice cream parlor in Alaska in winter, that the courts would approve almost anything. Today, he claims that he never said that. Please, we really need to know what this term means. Regards, George
 


ALawyer

Senior Member
The words have to be read in the context of the entire trust, the trustor's objectives, the size of the trust and nature of its assets, who the immediate beneficiaries are, and who the remaindermen are.

Usually such words give the trustee BROAD discretion to interpret the terms, and the courts usually only interfere in the event of an abuse of that discretion.

Some trustees are liberal, others tight. Some states and courts are liberal and others tight.

The remaindermen like it when the trustee are rigid and tight -- the immediate benficiaries like the trustee to be liberal.
 

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