- 8 - After the grantor’s death the trustees made the missed distributions. See id. The U.S. District Court for the District of Massachusetts held that the missed distributions were completed gifts. See id. at 693. The District Court explained: The language of the trust required the trustees to make the distributions on the first of the year as to each year’s distribution. Once this date passed, [the grantor] had transferred her control over the amount of the distribution. Otherwise stated, [the grantor’s] power lapsed on the first of the year with respect to the distributions at issue. [The grantor] could not have canceled or amended the amount of a missed distribution which, under the mandatory language of the trust, became binding once the date for distribution passed. * * * [Id.] The facts of the instant case are distinguishable from the facts of White. The language of the order does not require the gifts to be made. Nebraska law provided that, after a determination of incompetency, the court, either directly or through a conservator, can exercise all powers over the estate and affairs of the incompetent, including the power to make gifts. See Neb. Rev. Stat. sec. 30-2637(3) (Reissue 1995). That statute, however, requires that a conservator obtain court approval before making any gifts out of the incompetent’s estate. See Neb. Rev. Stat. sec. 30-2654(b) (Reissue 1995). Accordingly, after the issuance of the order, it was within the power of decedent's guardian-conservator to make the enumerated gifts, but he was not required to do so. Decedent, pursuant to Nebraska law, could have challenged that order priorPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011