Phoenix, AZ asked in Estate Planning for Arizona

Q: my aunt set a trust up and named her husband the trustee. can we get money before he dies if it states not until he die

My aunt has passed, The trust supposedly states no monies to paid out until he dies. Can we get past that?

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3 Lawyer Answers
Ilene L McCauley
Ilene L McCauley
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I am so sorry for your loss.

Generally speaking, when a husband and wife set up a trust the Trust is written so that the Trust assets stay in the trust, until both of them are gone.

If you believe that there are problems with this Trust, then I strongly urge you to bring a copy of the trust to a local estate planning attorney. The attorney will be able to review the Trust to let you know if distributions can be made earlier.

Andre L. Pennington agrees with this answer

Andre L. Pennington
PREMIUM
Andre L. Pennington
Answered
  • Estate Planning Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: It really depends on how the Trust is written. You probably want to consult with an experienced estate planning attorney that has Trust litigation experience to have him or her review the Trust.

Most times Trusts are written for the benefit of the surviving spouse, but not always.

Douglas Price
Douglas Price
Answered
  • Estate Planning Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: Without seeing the trust, this is a difficult question to answer because there may be some provision for a distribution prior to the husband's death. If there is no such provision, then it is likely that the terms of the trust control, so that no distribution is possible prior to his death. Reading the trust could change the answer.

I recommend that you pay a lawyer for an hour or two of time to read and review the trust so that you can get a proper answer to your question. If you can pdf the trust or fax it, this can be done without your coming into the office. We would also put our answer in writing for your review.

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