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[quote=Anonymous]OP, who is advising you on this?

Im a lawyer, but not an estate lawyer, but I'm the person in my extended family who communicates with our advisors and we have a lot of trusts.

You wrote: "As far as I understand it, this trust is divided into two halves, one half goes to me outright, and one half in trust to my kids but with with my brother as a lifetime income beneficiary."

I am wondering if you are understanding this correctly. It's possible it's set up this way, and it's not a terrible if it is.

But are you sure your brother is not the primary beneficiary of this trust during his lifetime and your KIDS are the remainder men?

I wonder if you are confused on that point. I am childless and my nieces are the remainder men of the trust my parents set up for me. I am the trustee of the trust. All it means is that when I die, they get what's left in it. But in the meantime, I can spend what I need from it based on my needs - health, education maintenance and support.

Also, are you sure it is written so that the interest is paid out automatically to your brother vs the HEMS standard (health, education, maintenance and support)? It might be. That's fine, though HEMS might be better.

This is not necessarily a problem. It just means your brother gets all the income for life  and then your kids get it when he dies. Hopefully there is a provision that if he has kids, his kids get it instead of the nieces and nephews.

Honestly, it's really hard to advise on this without seeing the actual trust document. No one on here is going to be able to give good advice. You need a good estate attorney to talk this through. Are you in touch with the estate attorneys who wrote this?

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