Can my fathers wife spend her trust however she wants? 6 Answers as of July 25, 2013Father-in-law left a living trust for his wife, stepmother, with my husband and 2 sisters to have the trust divided when she passes. She remarried. Can her and her new husband spend the trust funds however they want? Is it contestable? Also, how would we find out how much his portion of the trust is? My husband has been really sick for a couple of years now, we don't have health insurance and also wonder about a hardship withdraws. We could get a doctor statement.
Majors Law Firm, P.C. | M. Jason Majors
The terms of the Trust would govern how the trust assets should be administered and distributed by the Trustee of the Trust. If the Trustee of the Trust is not administering the Trust in accordance with its terms, then yes, a contingent beneficiary of the Trust may have standing to contest (object to) how the Trust assets are being spent or administered. I would recommend that your husband (or is legal representative) request a copy of the Trust from the Trustee, to see what he may be entitled to. If the Trustee is not willing to provide your husband with a copy, you will have to look to the governing state law to see when or if he would be entitled to review the Trust, or pertinent provisions thereof.
Answer Applies to: Wyoming