Question
On October 15, 2014, Darren executed The Darren Irrevocable Trust. Darren's friend, Lisa, his name trustee of the trust. Darren immediately funded the trust with
On October 15, 2014, Darren executed The Darren Irrevocable Trust. Darren's friend, Lisa, his name trustee of the trust. Darren immediately funded the trust with $1 million of his own money. The trust contains the following important provisions 1) Darren has the ability to withdraw $50,000 per year from the trust each year, starting with the year 2015 and ending with the year 2024. 2) In addition to this right of withdrawal, Darren has the authority to direct the trustee to pay trust assets to or for the benefit of his children in the event that such spending is required for the emergency health care expenses of any child of Darren's. 3) Upon Darren's death, the trust assets are to be distributed to Darrens children, in equal shares. However, if any of Darrens children are under the age of 25 years when Darren dies, the child's share is held in trust for his or her benefit. A separate trust provision allows Darren to determine, by a separate instrument at any time, how these assets are to be managed in the event of his death, as long as he does not change the beneficiaries. In other words, if he so chooses, Darren may establish by a separate writing that the assets in trust for the benefit of his children under the age of 25 may be distributed outright to them as soon as he dies or may be held for their benefit until age 25, as Darren chooses. You have been shown this trust which, you can assume, contains no other significant provisions that are relevant to estate tax. Please prepare a short analysis, discussing whether the assets in this trust will be counted as part of Darren's taxable estate. Please do a short analysis for each trust provision referenced above. Please make sure to back up your analysis was appropriate statutory and/or case law.
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