Legal Opinion · Dissent

In Re Valma M. Hanson Revocable Trust No. 103-83-1

Indiana Court of Appeals

Decided December 18, 2002No. 45A05-0202-CV-55Published

1DissentDarden, Judge

I must respectfully disagree with the majority's conclusion that the trust instrument expressed the clear intent that the payment of taxes be apportioned "across all of the assets in Trust B." Slip Op. at 9. In my opinion, the trust instrument expressed Hanson's clear intent that it be entirely a matter of the Trustee's discretion as to what assets constituting the principal of her estate would be utilized to pay taxes. Although I am more than willing to acknowledge that the result of the Trustee's exercise of that discretion can be seen as inequitable when the Petitioners had been named as…

2Cases cited1 opinion

  1. In Re Estate of MaierhoferAppellate Court of Illinois · 2002

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