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Wills, Trusts & Estates Keyed to Bonfield
Scheffel v. Kreuger
Citation:
782 A 2d 410 (N.H. 2001)Facts
In 1998, the plaintiff initiated a lawsuit against Kyle Krueger, the defendant, asserting tort claims. The case involves a trust established by the defendant’s grandmother in 1985 for the defendant’s benefit. The trust specifies that the trustee must pay all net income to the defendant at least quarterly or more frequently upon written request. Additionally, the trustee has discretion to pay out principal if necessary for the beneficiary’s maintenance, support, and education. However, the defendant is prohibited from accessing the principal until reaching the age of fifty in 2016. Furthermore, the trust includes a clause preventing the beneficiary from transferring their interest in the trust, either voluntarily or involuntarily, and protects the trust from being accessed by creditors for any debt or liability before the beneficiary receives the funds.
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