Lapse of Interests of Beneficiaries Receiving “Need-Based Benefits”

Provision of will directing that the shares of beneficiaries receiving governmental “need-based benefits” shall instead be paid to any existing “special needs trust” for the beneficiary or, if there is no trust, the share shall lapse and be distributed as part of the residuary estate, was applied to two of four beneficiaries of a residuary trust, so that the trust income would be distributed to only the other two beneficiaries. Manno Estate, 12 Fid.Rep.3d 489 (Lycoming O.C. 2022)

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