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Would the principal of my ex-husband's trust disqualify him for food stamps?

Boise, ID |

My ex-husband has no job and about $200 in the bank from giving blood plasma. His sister is the trustee/executor of the trust and pays either part or all of his rent from whatever interest is earned from the trust. The principal of the trust is about $90,000. Would the trust's principal disqualify my ex-husband from qualifying for food stamps even though he can't get any of the principal from it?

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Attorney answers 1

Posted

It depends on the terms of the trust. Many trust allow a trustee to distributed principal for health, education, support and maintenance. If the trust allows for distributions such as this, it would serve as a disqualification. If the trust is purely discretionary - the trustee "may" distribute principal - then, since one cannot count on receiving principal, it should not disqualify him for food stamps.

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