- 40 - trust was the interest described by the decedent’s 1986 will, as originally drafted. Under the decedent’s 1986 will, Mrs. Rapp did not have the right to any income from the trust property. She was entitled to receive income from the trust only if the cotrustees determined in their “absolute discretion” that she needed funds “for her proper health, education and support.” In this case, therefore, it does not matter when the validity of the QTIP election is tested, as of the date of the decedent’s death or as of the date of the election. At no time did Mrs. Rapp have a qualifying income interest for life in the trust, as defined by section 2056(b)(7)(B)(ii), which passed from the decedent, as required by section 2056(b)(7)(B)(i)(I), and at no time did the trust property in this case qualify as QTIP. The Order of the Probate Court Is a "Qualified Disclaimer" Under Section 2518(b) Petitioner's third argument is that the order of the probate court is, in effect, a "qualified disclaimer" as defined by section 2518(b). Petitioner argues that the trustees and the guardian ad litem "consented" to the probate court's order reforming the decedent's will and, in effect, disclaimed "the right and/or power of the TrusteesPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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