It depends on the trust language and perhaps the discretion of the trustee. However if the trust indicates that "all" income should be distributed or a certain amount should be distributed, it is possible that the trust income he is receiving now is not adequate. Some of this is theoretical, but trust "income" is now usually considered different than what is "pure" income from interest and dividends. There is a law known as the uniform principal and income act (UPIA) that applies to many income beneficiaries of trusts and is designed to prevent just this situation because income beneficiaries and remainder beneficiaries can often be at odds in these situations if the investment mix is shifted from "income producing" securities (which is the norm nowadays). In sum, the UPIA sees that if the intent of a trust was to produce income, it in fact produces income but not too much or too little. This is a gross over-simplification but it might provide some guidance. If you think that your father is not being treated fairly he needs to meet with an attorney to review the trust and the law to determine if there is any recourse against the trustee.
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I agree with the points raised by my colleague. A review of the Trust and the relevant law mentioned should prove helpful to your father. He should seek legal guidance sooner than later.
Good luck to you and your father.
The information you obtain herein is not, nor is it intended to be, legal advice. It does not establish an Attorney/Client relationship. You should consult an experienced probate or estate attorney for individual advice regarding your own situation.Ask a similar question
I agree with my colleagues. The terms of the trust dictate your answer. This is something that your father should review with a trust attorney to determine his options.
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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.Ask a similar question