Francine devised 1 2 , 0 0 0 acres of timberland in trust for the lifetime benefit
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Question:
Francine devised acres of timberland in trust for the lifetime benefit of her husband, Mitch. While Mitch is alive, the Trustee is authorized to make distributions of trust income and, if necessary, principal to Mitch. In addition, discretionary distributions of income and principal may be made to Francine's thenliving issue. Upon Mitch's death, the trust is to be distributed to Francine's thenliving issue, per stirpes.
a As drafted, the trust does not qualify for the marital deduction. Explain.
b Would it matter if all of Francine's issue executed qualified disclaimers of their interests in the trust within the meaning of
c Would it matter if Francine's estate, Mitch, and Francine's issue entered into a settlement agreement by which Mitch received distribution of a tenants in common interest in the timberland for his relinquishment of his trust interest? Suppose the family settlement agreement stems from a legal challenge to the validity of Francine's will commenced by Mitch.
d Would it matter if Mitch received a distribution of acres outright as a result of the exercise of his elective share rights under state law?
e What if Mitch had the right to elect to receive distribution of acres outright in lieu of his interest in the trust and, during the administration of Francine's estate, Mitch elected to receive the outright devise?
Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
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