Legal Question in Wills and Trusts in California

Can a A/B disclaimer trust (a trust that gives the SS (surviving spouse) the power to fund a disclaimer trust) have a Special Power of Appointment (SPA) for SS so that if SS chooses to fund the dislaimer trust, SS can exercise the SPA to control the ultimate distribution of the disclaimer trust among the selected group of remainderman of the trust ?


Asked on 8/05/09, 3:42 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

It can--it's not a common provision, but it is allowed and is still within what the IRS allows for the estate tax exemption.

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Answered on 8/05/09, 4:54 pm


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