It is possible to obtain a divorce without either party ever appearing in court. If you and your spouse have been living separate and apart, even if in the same apartment for two full years and your marriage is irretrievably broken, you have grounds for a divorce to be finalized. If either of you raises additional issues, such as equitable distribution of debts and assets, the divorce typically cannot be finalized until the additional economic issues are resolved. I recommend you consult an...
Although I am not certain of all details, my initial thought is for you as a beneficiary to ask the Trustee file an accounting as to the Trust. If the accounting does not seem to be correct and you are a beneficiary, then you would be able to file objections to the account. You may be permitted to take discovery and then a court would rule on your objections, which may include determining who, if anyone, owes money to you as a beneficiary.
No consent is necessary to file for or obtain a divorce, although consent usually makes things much easier, less expensive and faster. If you want a divorce and Husband does not want to participate, you will just have to take advantage of the law where you can and take the initiative to push any outstanding issues through the court system. I recommend you consult with an attorney to get an understanding of your rights and obligations in connection with a divorce.
You ask what he is entitled to, so I'll mention that in addition to concerns about equitable distribution (generally meaning who gets how much & what marital debt and equity/property), there are also issues of who has the right to live in the home/possibly one of you exclusively possessing the home during the time the divorce action is pending, and the effect it may have on support and custody issues.
I agree with the prior responses that trust documents should be reviewed, and, meet with an attorney. The attorney may also request information from the trustee. If that does not yield sufficient answers, and it is advisable in the circumstances of this case, your dad or you if you are his power of attorney or court appointed guardian, may consider asking the court for an accounting to explore the details of thos trust administration.
It seems Wife's main concern is retain her right to reside in the home after Husband dies. Assuming that is the case, I would recommend Wife consult with an attorney to learn her rights in the areas of family and estates law based on her circumstances. One of a number of things that might be recommended basd on Wife's circumstances and preferences, may be to ask Husband if he will either re-title the home in both names, called tenants by the entireties, or secure rights for Wife to stay in...
The presumption under the PA support guidelines is that the spouse residing in the residence pays the mortgage and maintains the house. This presumption can be overcome. The PA support guidelines are also based on an assumed standard amount of mortgage relative to earnings between the couple. This too can be overcome sometimes. In order to get a good sense of the support that may be available to you, you should bring all of your financial details to an attorney for an analysis.
You can file for spousal support without a divorce complaint, or for alimony pendente lite--assistance during the pendency of your divorce proceedings as part of the divorce complaint. You can also include a request for other financial rights, such as equitable distribution of debts and assets, and alimony in the divorce complaint. Before taking any of these steps, however, you must consult with an attorney.
Obviously, I don't know all of the facts or what the hostility is in this situation. In general, my view is that dad can designate a responsible adult for pick up. If there is an issue about hostility from the father and/or the person doing the pick up, you could address it through a petition to modify the custody order. One of the 16 listed factors in the custody law for evaluating what is in the best interest of your son is the attempts of a parent to turn the child against the other...
The Executor has the right to chose his or her lawyer. So, if the executor and counsel are not communicating or have a falling out, it is up to the executor to decide whether to hire another attorney to address the issues at hand.