Resources of settlor's spouse to be considered in making distribution from support trust--Other beneficiary's resources need not be considered

Unless otherwise provided in the trust, if the settlor's spouse is named as beneficiary, the settlor's spouse is still living, and the trust is classified as a support trust, then the trustee shall consider the resources of the settlor's spouse, including the settlor's obligation of support, prior to making a distribution. In all other cases, unless otherwise provided in the trust, the trustee need not consider the beneficiary's resources in determining whether a distribution should be made. Source: SL 2007, ch 280 , § 8; SL 2009, ch 252 , § 5; SL 2011, ch 212 , § 33.