[WSBAPT] Power of Appointment Equal To a Bequest in a Will?

[Paul Neumiller]

Listmates, a client's (aka surviving spouse) CA trust says:  "On the surviving spouse's death, if and to the extent that the surviving spouse shall not have effectively disposed of all the property of the trust estate through a valid and effective exercise of a power of appointment," all trust assets go to children of a previous marriage.  The client now wants some of the trust assets go to his new wife (whom the children from a previous marriage despise).  The surviving spouse has an existing typical "pour-over" Will where everything defaults to the distribution in the Trust.  It seems like a square peg into a round hole.  How do I prepare a new Will and give the new wife a portion of the trust assets and do it "effectively...through a valid and effective exercise of a power of appointment."


[cid:image001.jpg at 01D9CF8F.02B06D50]



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230815/ee56fd38/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230815/ee56fd38/image001.jpg>