What is the law pertaining to beneficiaries of a trust?
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What is the law pertaining to beneficiaries of a trust?
Father-in-law left a living trust for his wife (my step-mother) with my husband and his 2 sisters to have the trust divided when she passes. She has remarried. Can she and her new husband spend the trust funds however they want? Is it contestable? And how could we find out the amount due to my husband?
Asked on June 23, 2011 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I can tell how very upset the situation is making you on top of the loss of your Father in Law. But the best way to get any guidance on this matter i9s to take the trust document to an attorney to review and to interpret under the laws of your state. If she chooses to spend the funds on her new husband I think that there is very little that you can do about it unless the trust itself limits that (which I doubt). I am sure that you are afraid that there will be nothing left when she passes on for your husband and his siblings. So it is best to put your minds at rest and see what options you have. Good luck.
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