67) The dissent asserted that without the admission of additional evidence, it was uncertain whether James intended to devise his property in fee simple to Sandra or if James intended to devise a life estate with his daughters as remaindermen
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.
Where there are multiple income beneficiaries or remaindermen
, the number of potential exclusions is increased accordingly.
Unfortunately, the beneficiaries and remaindermen
of transfers of these types are not identified in the data.
21) If the disclaimed interest is a remainder in a QTIP trust, the Regulations specifically require that the remaindermen
disclaim within nine months of the deceased spouse's death, and not when the property is later taxed under [section][section]2044 or 2519, (22) Unfortunately, because no estate tax is incurred at the deceased spouse's death, there is little incentive to investigate the propriety of the residual split-interest trust(s) and, as such, this deadline often passes quietly and unbeknownst to the would-be disclaimants (i.
He also purchased insurance on the lives of the remaindermen
to protect his investment in the event the remaindermen
failed to survive the life tenant.
For example, if A's children, per stripes, will become beneficiaries upon A's death, the remaindermen
are identified by presupposing that S is now deceased.
Allen, Annotation, What Acts, Claims, Circumstances, Instruments, Color of Title, Judgment, or Thing of Record Will Ground Adverse Possession in a Life Tenant as Against Remaindermen
or Reversioners, 58 A.
For instance, the inherent conflict of interest between current beneficiaries and remaindermen
(inheritors whose estate vests after a prior estate terminates) is not eliminated by the addition of a trust protector, no matter how sagacious the chosen party.
According to the IRS, a document will be considered to be substantially similar to one of the samples even though, for example, the wording is varied to comport with local law and practice as necessary to create trusts, define legal relationships, pass property by bequest, provide for the appointment of alternative and successor trustees, or designate alternative charitable remaindermen
The latter was defective because it failed to include "substantive dispositions"--income beneficiaries, remaindermen
and powers of appointment--normally found in a document establishing a testamentary trust.
Private Letter Ruling 8246123 involved a proposed sale by a life tenant and two remaindermen
(both of whom received their interests by gift from the life tenant) of a home that all three occupied as a principal residence.