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[quote=Anonymous]OP I don’t understand why you are inserting yourself and trying to change your mom’s wishes. All your reasoning above makes little sense to me. Please consult with the attorney who wrote the trust and stick with your mom’s wishes. On the tax issue with your brother not needing the income now. 1. The trust can be re-invested for growth such that it throws off very little income. 2. If he takes all of the income as it is now, it only increases his marginal tax rate on that income which is really nbd. He can pay the incremental tax out of that income and save the money he doesn’t need in an investment account outside of the trust. You need to get a good attorney (preferably the one who wrote the original trust) and a good CPA to advise you. You are making this way more complicated than it needs to be. [/quote]
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