QUESTION

If they pull it out early does the trust company have to notify the place he owes restitution?

Asked on Jan 18th, 2016 on Estate Planning - California
More details to this question:
My friend is trying to find out the questions I am about to ask. Her husband was in prison and owes restitution. He is now out but he is about to come into a trust that is father set up for him. His wife has power of attorney for him and they are interested in taking out the money earlier than original. If they pull it out early does the trust company have to notify the place he owes restitution? Will they know at all that he owes this money?
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1 ANSWER

Unless he told the entity he injured that he was the beneficiary of a trust, they will not know and the trustee, who runs the trust, will probably have no knowledge. He can not withdraw the money unless the trust documents allow that. If it is a large sum, the people he owes money to may periodically ask about his financial status [that it is in his wife's name is irrelevant, it is his money and if he gives it to her it may be community property which is subject to his debts]. If he injured someone or some company, he should pay his obligations and not cheat someone out of the damages he has done. Obviously, being in prison did not fully reform him. Likely he will in the future be convicted of some other crime.
Answered on Feb 08th, 2016 at 3:45 AM

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