Legal Question in Wills and Trusts in Alaska
Childrens trusts
MY sister passed away 6 years ago in UnAlaska of a brian anuerism. She & her husband were both alcoholics & heroin & misc drug users. My husband & I have permanent legal guardianship of her 3 children & live in MA The childrens father is very ill (has hepatitis C & scirosis of the liver) & doesnt help support them. Upon my sisters death 3 separate trusts were set up for the kids (w/$$ collected from the citizens of the town of UnAlaska to help the children) with wording in the trusts that they were not to be accessed till they were each 18. We are about to lose our home, electric, gas, etc. We really ned that money now to help take care of them & our own 2 children. I have been told by the Lion's Club who set up the trusts that they are unbreakable. Is that true? If we had any other option, we would take it. Our credit is maxed out, and we have noone to borrow from. We need that money now to keep our home and life insurance, car insurance, gas, electric, etc. We are hard working people who's # 1 priority is our kids- all 5 of them. There must be a way the trusts can be broken & the money distributed before they turn 18. Can you advise? Thank you so much for your assistance.
2 Answers from Attorneys
Re: Childrens trusts
I am sorry for your situation. A lot more information is needed here in order to assess what can be done. Were the guardianships established in MA or AK? Was the children's father ordered to provide support for them? Were the trusts established here or in AK?
If the guardianships and/or trusts were established in MA, you should contact a MA attorney to evaluate the situation. I would be happy to review the documents for you.
If the guardianships and/or trusts were established in AK, you should consult an attorney in AK. You should consider seeking advice from an attorney in Alaska in any event, in order to determine if you could get your brother-in-law to court to force child support payments, if they were ordered at the time the guadianships were established.
From the child care perspective, you should consider contacting a child service agency that may be able to help you in your situation. You have 5 children who need care. Do the children have health insurance? Are they eating? These issues are not insurmountable if you have the proper supports.
Good luck to you and your family.
Re: Childrens trusts
Echoing the other response posted, it sounds like this is a question for an Alaskan attorney, who should advise whether the trustee of the trusts could make an application to the court there for permission to make an advance distribution to benefit the children.
This would take time, however, and it sounds like you need to contact an attorney in the meantime to stay above water. (Likewise, it would make sense to see what public assistance might be available in your situation to benefit the children and you.)
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