In exercising its discretion, the trustee shall not concern itself with what, if any, amount of the trust estate remains for the remaindermen
. To the extent permitted by law, the powers given to my trustee over distributions shall be deemed to be personal powers and shall not be subject to question by anyone, including the current beneficiary, the remaindermen
and any courts.
(44) If the trustor wanted to permit the trustee to provide some gain to the beneficiary, he or she would have to also recognize that the interests of the remaindermen
would be reduced accordingly and that a substantial distribution would affect the amount of the trust assets available for future distributions to this beneficiary.
(3) The second decision is whether the surviving spouse or the lineal descendants should disclaim the life estate in favor of the remaindermen
Whenever a trustee has authority to pay trust principal to himself or herself, even if pursuant to an ascertainable standard, the exercise of this power will reduce the amount available for the remaindermen
upon the trustee's death.
Whether to select an annuity trust or a unitrust will depend on the relative needs of the lifetime beneficiary and the remaindermen
For this reason, it is important that the purchase be made from the trust and not from its remaindermen
The Tax Court pointed out two significant characteristics of the case: 1) in light of the surviving spouse's general power of appointment, the remaindermen
's interest was not vested; and 2) the remaindermen
were benefited by the distributions as opposed to being adversely affected thereby.(2) The Tax Court also indicated that, since no beneficiary had any vested interest, there was no material frustration of the testator's intention by taking this approach.
One of the greatest dangers to the remaindermen
is dissipation of the assets by S, the holder of the life estate.
Florida's principal and income provisions allow the trustees to protect themselves from the pressures of both the income beneficiary and the remaindermen
by relying on the statutes.
Third, the remaindermen
may include additional children of A as yet
Parties to life estate and enhanced life estate deeds should be especially mindful of documentary stamp taxes owed for the transfer of interest in these deeds and the necessity for all remaindermen
to participate in the conveyance of the subject real property.
The first is a life estate arrangement, in which an individual executes and records a deed that reserves and retains the life use of the property while designating, for example, any children as remaindermen
who will become titleholders after both parents are deceased.