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Matter of Jeffrey H. Gallet

Assets unable to be reached by creditors cannot be used to pay estate debt to surviving spouse.

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Surrogate Preminger

MATTER OF JEFFREY H. GALLET In this accounting proceeding, the trustee of decedents irrevocable inter vivos trust seeks advice and direction permitting him to pay one of the debts of decedents estate, a debt owing to his surviving wife. The trustees claim of authority to pay the debt rests on a provision in the trust agreement that gives him discretionary power to pay estate debts if probate assets are insufficient. The Court concludes that payment of the debt would be permissible only to the extent that the trust assets are otherwise reachable by creditors. Because the Court further determines that none of the trusts assets are subject to creditors claims, permission to pay the debt is denied.

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