Monday, November 11, 2013

In re Trust of Stuchell

In re Trust of Stuchell case brief summary
801 P.2d 852 (1990)

Petitioner life-income beneficiary appealed the dismissal by the Circuit Court, Baker County (Oregon), of her petition for approval of an agreement to modify a testamentary trust.


One of two surviving life-income beneficiaries of a testamentary trust sought modification of the trust. The trust will terminate on the death of the last income beneficiary, to be distributed equally to the beneficiary's children or their descendants. One of the beneficiary's four children is a mentally retarded 25 year old who is unable to live independently without assistance. He receives Medicaid and Social Security benefits, both of which have income and resource limitations for participants. The life-income beneficiary requested the court to approve, on behalf of the mentally retarded child, an agreement, the stated purpose of which is to ensure the child's continued qualification for public assistance.

The court affirmed the trial court's dismissal of the petition for modification, and held that there was no basis on which the trial court could have granted the modification, solely to make the trust more advantageous to the income beneficiaries.


The court affirmed the decision of the trial court to dismiss the petition of a life-income beneficiary to modify the terms of a testamentary trust.

Suggested Study Aids For Wills, Trusts & Estate Law

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