In re Antonia Gualtieri Living Trust
Michigan Court of Appeals
2019 WL 1265167 (2019)

- Written by Sean Carroll, JD
Facts
Charles Anton owed child support and alimony to Linda Anton (plaintiff). Charles was a beneficiary of the Antonia Gualtieri Living Trust. The trust stated that the trustee, “in its sole and absolute discretion, shall” pay Charles as much of the income and principal of the trust as the trustee deemed advisable for Charles’s education, health, maintenance, and support. In addition, the trust contained a provision entitled “Guidelines for Discretionary Distributions.” The provision stated that in making any discretionary distributions, the trustees should be conservative and consider any other resources available to Charles, while maintaining the principal as their priority. Linda filed a petition seeking to direct the trustees (defendants) to pay Charles money out of the trust so Charles could make child-support and alimony payments. Linda argued that the trust was a spendthrift or support trust, enabling the trustees to make payments. The trustees argued that the trust was a discretionary trust. The probate court ruled that the trust was a discretionary trust and that the trustees were not compelled to make payments to Charles for child support and alimony. Linda appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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