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http://lewislawoftrusts.lawbooks.cali.org/chapter/discretionary-and-support-and-the-rights-of-the-beneficiarys-creditors/
Generally, if the trust is a discretionary support trust, the beneficiary has a right that the trustee pay him the amount which in the exercise of reasonable discretion is needed for his support …; and the beneficiary can transfer this interest or his creditors may reach …
https://thismatter.com/money/wills-estates-trusts/mandatory-and-discretionary-trusts.htm
Discretionary trusts are sometimes classified according to their objectives, the most common being the spendthrift trust, support trust, sprinkle trust, and perpetual trust. Spendthrift Trust. The spendthrift trust usually pays money to the beneficiary only as needed either for support and maintenance or for an education. Because the ...
https://www.law.cornell.edu/wex/support_trust
A support trust is a trust that contains a provision directing the trustee to pay to the beneficiary as much of the income and principal as is necessary for the beneficiary’s education and support. The beneficiary's interest is unreachable by creditors to the extent necessary to support the "support" purpose of the trust. If a creditor claim would jeopardize the support function of the trust ...
https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1084&context=nlr
creditors. These trust arrangements include the "discretionary. trust,"12 . the "support trust," 13 . the hybrid "discretionary support. trust,"14 . and the "spendthrift trust."15 In addition to these trust ar-rangements, the "special needs trust" (sometimes called a "supple-mental needs trust") may offer a measure of asset protection.Author: Bill Lyons, John Gradwohl
https://www.wealthmanagement.com/news/discretionary-trusts-merely-support-trusts
Because a discretionary trust is converted into a support trust under the UTC and Restatement Third, the assets in it should be considered an “available resource” to the Medicaid recipient and ...Author: Richard E. Davis
https://milestone.legalexaminer.com/legal/miscellaneous/is-a-discretionary-support-trust-right-for-your-loved-one/
Apr 11, 2017 · One lesser discussed kind of trust is the discretionary support trust. There are specific scenarios that benefit from this choice and some critical things to know. Below is a breakdown of the basics about discretionary support trusts and when one might be the right choice for a disabled individual.Author: John Bair
https://law.freeadvice.com/estate_planning/trusts/discretionary-trust.htm
A discretionary trust allows a trustee discretion to make decisions about distribution, with some limitations specified in the trust document. A discretionary trust is typically used for the purpose of avoiding creditors, exercising control over a minor beneficiary, and caring for an incapacitated surviving spouse.
https://www.comtrst.com/wp-content/uploads/2013/05/CDMB-Presentation-re-Discretionary-Distributions-A-Trustees-Guideline.pdf
Maintenance and Support (“HEMS”) standard, as it is expressly referenced in Internal Revenue Code Section 2041(b)(1)(A).1 This HEMS standard is commonly referred to as an ... In addition to the use of the standard discretionary terms in a trust document, a grantor . A.
https://fredfranke.com/articles/4-1-settlor-intent-supportdiscretionary-trusts/
4.1 Settlor Intent: Support/Discretionary Trusts. The beginning point as to the extent and degree that a beneficiary may compel a distribution is, of course, the intent of the settlor as that intent is captured by the terms of the trust.
https://www.foulston.com/uploads/Drafting-Support-and-Discretionary-Trusts-Navigating-the-Perils-and-Possibilities.pdf
Drafting Support and Discretionary Trusts: Navigating the Perils and Possibilities . As estate planning attorneys are well aware, there has been a greatly reduced need for estate and other transfer tax planning in recent years as a result of historically unprecedented increases in federal “applicable exclusion amountthe ” and related
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