In Re Trust Of Stuchell

104 Or. App. 332, 801 P.2d 852, review denied, 311 Or. 166, 806 P.2d 1153 (1990)

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Nature of the Case

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Facts

P is a life-income beneficiary of a trust. Under the terms of this trust, it will terminate upon the death of the life-income beneficiaries. The remainder is to be distributed to P's lineal descendants per stirpes. One of P's children is severely retarded, is in an institution, and receives both Social Security and Medicaid benefits. P made an agreement with the other income beneficiaries and remaindermen to modify the trust. Under this agreement, the trust was to continue the trust if the son survives the income beneficiaries, so that he would not receive his share of the remainder, and would continue to be eligible for state support. P petitioned the lower court for approval of the modification. The petition was dismissed, and P appeals.