- 46 - marital deduction should be allowed, because the Trustees had a fiduciary duty to * * * [Mrs. Rapp] to comply with the QTIP rules." Petitioner's post-trial brief further states as follows: Petitioner submits that the Trustees were under a fiduciary duty to commit to pay all of the income to Laura [i.e., Mrs. Rapp], both because of her need to receive such income and because it would be detrimental to her legitimate interests under the Will to pay a large estate tax at the Decedent's death. The thrust of petitioner's argument is that the trustees are bound to pay all of the income of the trust to Mrs. Rapp because otherwise the trust would not qualify for the marital deduction and the estate would be liable for estate taxes of more than $2 million, and that would be contrary to Mrs. Rapp's best interests. Petitioner argues that Mrs. Rapp, thus, had a "qualifying income interest for life" in the trust, as required by section 2056(b)(7)(B) (ii), and the trust property qualifies as QTIP. In support of this argument, petitioner cites section 16081(a) of the California Probate Code, under which trustees are directed to "act in accordance with fiduciary principles and * * * not act in bad faith" even if a trust instrument confers absolute, sole, or uncontrolledPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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