Section 1.46 Imputation of Assets or Income to a Beneficiary

• Library: Trusts and Powers 2013 Supp

F. (§1.46) Imputation of Assets or Income to a Beneficiary

The assets or income of a spendthrift or discretionary trust may be imputed to the beneficiary in certain circumstances. In Tidrow v. Director, Missouri State Division of Family Services, 688 S.W.2d 9 (Mo. App. E.D. 1985), the mentally retarded beneficiary of a trust that was both spendthrift and discretionary sought public assistance to pay for residential care under Chapter 208, RSMo. The trial court denied benefits, imputing the value of the trust assets to the beneficiary under § 208.010.2(4), now RSMo 2000. The appellate court reversed, finding that the intention of the settlor in creating the trust was to supplement the benefits and not to supplant them, but remanded to determine what interest income of the trust was “actually available”...