Legal Question in Wills and Trusts in Colorado

Re: qtip trust

Thanks for your inquiry. In order to answer your questions, I would really need to review the estate planning documents that created trust in question. However, I can tell you that, in general terms, the surviving spouse is entitled to receive the entire income of a QTIP trust for his or her life. During the surviving spouse's lifetime, the trust property is not to be given to anyone but the surviving spouse. No other person can have an interest in the trust during the surviving spouse's lifetime. This requirement would bar distribution to either your mother's children or to your step-father's children, unless such distribution was made in their names to benefit your step-father, as he

is under a disability (Alzheimer's).

Thanks again for your inquiry, and best of luck to you.

Re: qtip trust

Obviously, any answer would require a review of the trust document to be complete and accurate.

However, if the trust is a QTIP trust, then all of the income, not just a portion belongs to the surviving spouse. It can be no other way, as the IRC requires that all of the net income of the QTIP trust be paid to or applied for the benefit of the surviving spouse.