In Re Antonia Gualtieri Living Trust.

2019 WL 1265167 (2019)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

This action arises out of P's attempts to obtain compensation for child support and alimony arrearages owed to her by her ex-husband, Charles Anton (Anton). Anton is a beneficiary of the trust at issue herein. P sought to compel Mary Ann Gualtieri and Maria Christine Torres (Ds), the trust's successor co-trustees, to make income distribution payments to Anton, out of which P could then seek payment of Anton's child support and alimony arrearages. P argues that the probate court erred by finding that the trust is a purely discretionary trust and that she is not entitled to compensation for Anton's outstanding child support and alimony arrearages out of income distributions made to Anton from the trust. P appealed. P argues that the trust is a support or spendthrift trust, and Ds argue that the trust is a discretionary trust.

Issues

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Holding & Decision

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Legal Analysis

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