Legal Question in Wills and Trusts in Alaska
Can a Custodial Parent break a Trust set up by a Non-custodial Parent?
I have life insurance with beneficiaries or first my wife, and in the event she is deceased my children at age 21. Child 1 has a different mother, child 2 and 3 are mine and my wife�s. If I die then child 1 would obviously be raised solely by my ex-wife. Child 2 and 3 would be raised by the guardian that we have established in our wills. We have also established trustees for all children.
If both my wife and I are deceased, a child is under 21, life insurance will payout to the trustees. Can my ex-wife (who is not the trustee or my appointed guardian) break the trust to �benefit child 1�? I understand that a parent/guardian can request money from a trust to benefit the child. The trustee then makes a decision concerning that request. If the trustee refuses the request can the parent/guardian take the issue to court and do they have a chance of over throwing my intent for the money?
I live is Alaska, but the jurisdiction for child 1 is in South Dakota. So my assumption is that this would be a court case for Alaska since I would die here.
1 Answer from Attorneys
As far as which law would apply, if there is a conflict of law the question would be difficult to answer. I don't think South Dakota law would apply unless your declaration of trust specifies that. More probably it would be Alaska (where you made the trust) or the place of residence of the trustee (if that is different).
Having not read the trust document, I must assume that you have had it prepared by a competent attorney. If it specifies that the trustee has discretion to refuse the request, normally that decision would not be overturned. Other facts not given might possibly change the result. In other words, nothing is certain, but it appears that the decision of the trustee would not be easy to overturn..
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