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Texas Transaction Guide--Legal Forms
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

9-50B Texas Transaction Guide--Legal Forms 50B.syn


Dispositive Trust Provisions


Herbert S. Kendrick;John J. Kendrick, Jr.;and Matthew Bender's Editorial Staff

Chapter Summary


This chapter discusses two aspects of issues related to dispositive trust provisions. The first aspect concerns the allocation of the receipts and expenditures of trusts to income or principal. The second aspect deals with trust provisions that empower trustees to make payments or distributions from trusts, that determine whether payments or distributions are mandatory or discretionary, and that specify whether the payments are to be made from income, from principal, or from both.

The chapter considers in detail the subject of income taxation of trust distributions, as well as deductions available to the trust for distributions, and the taxation of distributed income to the beneficiary. It also covers certain estate tax and generation-skipping transfer tax considerations and summarizes a minor discussion of conditional distributions and the rule against perpetuities, and the perpetuities aspects of the various forms included. This chapter also contains examples of trust provisions that dispose of rights in property through the device of power of appointment.

Texas Transaction Guide: Legal Forms is the most comprehensive and frequently updated resource on Texas legal transactions. It covers the entire transaction spectrum: business entities, wills and trusts, commercial transactions, real estate transactions, and personal transactions. Each chapter provides a chapter scope note, detailed outline, research guide, legal background, practice guide, and forms with commentaries on usage.


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Consult Chapter 40, Estate Planning, for determination of the effect that the proposed trust will have on a client trustor's overall estate plan. Complete trust forms are contained in Chapter 48, Testamentary Trusts; Chapter 49, Revocable Trusts; and Chapter 50, Irrevocable and Charitable Trusts. Forms specifically designed to qualify for the marital deduction are contained in Chapter 50A, Marital Deduction Provisions.

Trust provisions appointing and empowering the trustee and identification of beneficiaries and directions to the trustee are found in Chapter 50C, Administrative and Operational Trust Provisions.


See Dorsaneo, Texas Litigation Guide (Matthew Bender) for detailed analysis of complex civil litigation issues, as well as procedural checklists and time-tested forms for pre-trial, trial, and appellate practice.

See Texas Estate Planning (Matthew Bender) for comprehensive estate planning information, including hundreds of forms and explanations of wills, trusts, and powers of attorney.

See Powell on Real Property (Matthew Bender) for expert analysis on all aspects of real property law that is national in scope.

See Modern Estate Planning (Matthew Bender) for coverage of all key estate planning topics, including gift taxation; transfers and interests subject to estate and gift taxation; estate and gift tax deductions; exclusions and credits; and generation-skipping transfers.

See Current Legal Forms for Estate Planning (Matthew Bender) for a wealth of sample estate planning forms, drafting guidance and expert legal commentary to assist in the fundamental, and often time-consuming task of document drafting.
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