A former spouse, actively engaged in post-judgment divorce litigation, can’t stop the trustee of her ex-spouse’s trust from distributing trust assets.
Barbara Johnson petitioned the probate court to stop the trustees of the trust set up by her recently deceased ex-spouse, Gerald Johnson, from making distributions so that she would have security for yet-to-be-awarded additional alimony payments that she was pursuing in circuit court in another county.
In In Re Gerald F. Johnson Revocable Trust (click on the name to read the case), the Court of Appeals reviews the judgment of divorce and notes that the appellant, Barbara Johnson, unambiguously waived her rights in the assets which were awarded to Gerald Johnson and which were then funded into his trust. Accordingly, the COA affirms the probate court’s grant of summary disposition in favor of the trustees. The case is unpublished.