Mother deceased; revocable trust is now irrevocable. Special gifts of real property are defined in article 2 to be distributed upon death. A section called "Trustee's power to defer division or distribution" appears later in article 2. Question 1: What is a "reasonable" amount of time for this deferral? In article 3, there is a section called "Trustee's power to retain trust property." Question 2: Does this provision allow the trustee to defer distribution of the defined special gifts for as long as he/she sees fit?
2 Answers from Attorneys
Please seek the assistance of an estate planning attorney who can interpret the terms of the trust provisions after seeing the documents, and be prepared to pay an hourly rate fr his legal opinion and opinion letter.
There is no way to answer your questions without actually reviewing the trust document and the general facts surrounding the trust. Indeed, public forums like this are not appropriate for specific advice as to specific trust documents or transactions. You will need to discuss this situation with a qualified estate planning attorney.