Allen, to the detriment of the remaindermen
of the Trust by holding only fixed income securities, with limited growth prospects and purchasing power protection," Lathrop said in a sworn statement on Aug.
Consequently, the entire benefit of this retransfer inures to the remaindermen
Example -- Remaindermen
Unrelated to Corporation: S, Inc.
In exercising her discretion, the trustee shall not concern herself with what, if any, amount of the trust estate remains for the remaindermen
At the end of the term, all remaining trust assets pass to the designated remaindermen
This situation has created significant inequities in the life tenant and remaindermen
The grantor makes a gift of appreciation on trust assets when they are given to the remaindermen
In determining the inheritance tax due from the estate of the decedent, the trial court found that the statute authorizing the levying of a tax on successions to property did not authorize the levy of a tax upon the succession to property passing to an animal; that the $1,000 bequest to the dog was therefore not taxable; and that the remainder of the $1,000, if any, after the death of the dog was taxable in the hands of the remaindermen
Should the grantor outlive the term of the QPRT, the personal residence passes to the remaindermen
, who are the family members or designated members; the full FMV of the residence is no longer in the donor's estate at this time.
In this respect, the court in Mesler reasoned, "Even unlimited power of invasion is subject to implied limitations to protect remaindermen
In an attempt to retain appreciating property in the GRAT for eventual transfer to the remaindermen
, some practitioners have used promissory notes issued by the GRAT to pay the annuity amount (or part thereof).
Further, if income and other resources are not considered, any distribution would reduce the size of the trust which brings into consideration the issue of the trustee's duty to protect the interests of remaindermen