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Discretionary Dilemma: Trustee Consideration of Beneficiary Financial Resources

By Jacob L. Geiermann

Trust instruments often provide trustees with discretion to distribute trust assets to or for the benefit of the beneficiaries. By their nature, discretionary trusts often create difficulties in ongoing administration. One common, but often overlooked, difficulty in administering discretionary trusts is determining whether and how the trustee should consider beneficiary financial resources when making discretionary distributions.

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