QUESTION
Is it possible to break a discretionary trust if the recipient is the only remaining survivor to that trust?
Asked on Jan 02nd, 2013 on Trusts and Estates - New Jersey
More details to this question:
The Will plainly states that income from trust is based on want and not need.
1 ANSWER
2 Awards
If the beneficiary is the only remaining beneficiary, then yes, it will be possible to break a discretionary trust. If the distribution is base don want, then you could break the trust by simply requesting that the balance of the trust be distributed to you.
Answered on Jan 03rd, 2013 at 8:25 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship