Whether the trust is part of the estate is irrelevant. Regardless what his intent was to set up the trust and how the trust was set up, the trust became irrevocable when he died. Actually from my recollection when talking with wondering2006, the trust was irrevocable when set up since the grantor paid taxes. Anyway, he died and the trust is irrevocable and technically it belongs to the trustee, who has legal title. The trustee is the parent in this case.
Now, both uniform trust code and california law allow a judge to use the trust fund to fulfill creditors such as spousal support and especially child support. See CA prob code 15305.
That being said, arreage in spousal support will be paid by the trust fund. Future spousal support will be terminated. This is not the case for child support. The trust will have to pay for future child support until the child is 19 or attending college, or at least 18, whichever comes first.
If the trust is written as support trust, then all is better. I would take the case myself if I am in Northern California.
