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Question
Trust provides: "Pay income to my spouse, Rosa, for life. Trustee may distribute principal to Rosa as needed for health and support. At Rosa's death, distribute remaining principal to my children, Ben and Callie." Trustee is Ben. Rosa is 76, has modest Social Security income, and requested $45,000 from principal to pay for medically necessary home modifications after a fall. The trust has $1.5 million in assets.
Ben denied Rosa's request without reviewing her medical bills, stating that "principal belongs to the children." He also shifted the portfolio into long-term growth stocks that paid almost no dividends, substantially reducing Rosa's income while increasing expected long-term appreciation. Ben did not tell Callie about Rosa's request or the investment change. Rosa seeks a distribution and an order changing the investments; Callie seeks an accounting and removal of Ben as trustee.
Discuss Ben's duties to Rosa and Callie and the remedies a court may order.