1(b) provides that a conversion to a total return trust may be accomplished by agreement between the trustee and either (1) all primary beneficiaries (either individually or by their respective representatives under the virtual representation provisions of the new statute), or (2) all beneficiaries currently eligible to receive income or principal from the trust and all beneficiaries who are presumptive remaindermen
of the trust, again applying the virtual representation provisions of the new law.
A trust protector should be unassailably objective, especially given unresolved issues in the law and the inherent conflict of interest between beneficiary and remaindermen
and between beneficiary and trustee.
Lathrop went on to suggest that Regions Trust could have increased the value of the portfolio for Martha Allen and for the remaindermen
if it had diversified the assets of the trust.
At the end of the term, any assets remaining in the trust pass to noncharitable remaindermen
In such a case, Crummey powers could be provided to both the son and the remaindermen
The grantor is considered to be making a current gift to the remaindermen
of the right to receive trust assets at a specified future date.
It seems the English court has power to override an elderly beneficiary's refusal to consent to sale of an increasingly run-down house where the beneficiary resides in an extreme case, whether to prevent remaindermen
being detrimentally affected beyond limits contemplated by the settlor or, paternalistically, if the beneficiary's subjective view is one no reasonable person could have.
At the expiration of the present interest, the remaindermen
are put in the same position as if they had originally purchased the property.
It is my specific intention that the above power given to the trustee over distributions shall be deemed to be a "personal power" and shall not be subject to question by anyone, including the current beneficiary, the remaindermen
or any court.
The amount of the gift tax is the same as it would be if the grantor made an immediate gift of all cash or other property placed in the GRIT, no discount is allowed even though remaindermen
must wait many years to obtain the principal.
Upon the death of the surviving spouse, S corporation eligibility could be retained by creating a separate QSST for each remainderman of the Q-TIP trust, assuming that these remaindermen
are the children of the decedent and the surviving spouse, and also assuming that the creation of such separate QSSTs would not result in more than 35 shareholders in the corporation.
the right to live in the home for 10 years) and their two children as the remaindermen