Tax Law Update

Despite her sole discretion over a trust, a decedent did not possess at the time of her death a general power of appointment over property in the trust. In Technical Advice Memorandum 200847015 (July 30, 2008), the decedent's husband's will created a testamentary trust of which decedent was sole trustee. The terms of the trust said the decedent as trustee had the power to distribute income to herself

  • Despite her “sole discretion” over a trust, a decedent did not possess at the time of her death a general power of appointment over property in the trust. In Technical Advice Memorandum 200847015 (July 30, 2008), the decedent's husband's will created a testamentary trust of which decedent was sole trustee. The terms of the trust said the decedent as trustee had the power to distribute income to herself “as the Trustee in its sole discretion reasonably exercised … deems

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