What are my stepfather’s rights if my mother had a revocable living Trust to which I am the sole heir?

Her second husband also has a revocable Trust. I am the sole heir to both. My mom died making her Trust irrevocable (AB Trust). Her husband is her trustee and he says that he can use her funds to maintain his lifestyle. Both Trusts are estimated at $1.5 million each. Can he spend principal from mother’s Trust while not touching his own?

Asked on June 27, 2014 under Estate Planning, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The answer to your question is solved by looking at the living trust of your late mother and reading its language carefully. As such, you either read the trust of your late mother to understand whether your stepfather can use its principal or not or retain a Wills and trust attorney in your community to explain the document to you. Such an attorney can be found on attorneypages.com.

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