Wexford, PA asked in Probate for Pennsylvania

Q: Father's will transfers investments into testamentary trust. Wife is beneficiary of income from trust.

When is she entitled to that income--upon the death of my father(1) or upon the official establishment of the trust(2) And if answer is (1) how should the payment of these expenses be allocated between income and principal? Thank you.

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1 Lawyer Answer
Michael Cherewka
Michael Cherewka
  • Probate Lawyer
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: This is a general answer to your questions since to give specific answers one would have to review the Trust document itself. You refer to a Testamentary Trust, so by definition the Trust does not become effective until the death of your father. You then refer to "payment of these expenses" and "allocation". There are general rules for a Trustee to follow as to the types of expenses that are allocated to income and which expenses are allocated to principal. However, the general rules can be altered by the Trust document, so the Trustee and attorney for the Trust would have to review the Trust document prior to making such decisions.

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