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Level 10
March 22, 2025

Simple or complex

  • March 22, 2025
  • 2 replies
  • 11 views

1. This survivor's trust has these provisions.  The trustee and the surviving settlor are the same person.  Is it a simple or a complex trust?

The trustee shall pay to or apply for the benefit of the surviving settlor… the entire net income of the trust… not less often than annually.”

The trustee shall pay… so much of the principal… as the trustee deems proper for the surviving settlor’s comfort, welfare, and happiness.”

The trustee shall pay… so much of the principal… as the trustee deems proper for the surviving settlor’s comfort, welfare, and happiness.”

 

2.If this is a simple trust, then all capital gains remain in the trust.  True/False?

2 replies

BobKamman
Level 15
March 22, 2025

What keeps it from still being a grantor trust?

sjrcpa
Level 15
March 22, 2025

Was it a joint living trust (which I hate) and one person died?

Trying to figure out how the "survivor" is the settlor.

The more I know the more I don’t know.
sjrcpa
Level 15
March 22, 2025

Were distributions made?

If yes, were they more than the income?

The more I know the more I don’t know.
George4Tacks
Level 15
March 23, 2025

From your description, this is a simple trust. A simple trust must distribute all income. If it is NOT a simple trust, then it is a complex trust. That is what I learned a few decades ago. 

Just my 5¢ worth.

Answers are easy. Questions are hard!