You trust contains “default” formula
language that mandates a reduction in the share of an indebted
beneficiary of a direct prorata amount equal to his/her indebtedness to you at
the time of your decease. In other words, that beneficiary’s debt value
will be paid from his/her share to the other beneficiaries, prorata, from the
value of the reduction imposed on the indebted beneficiary's share. (For
the purposes of the reduction formula, the value of a previous gift can also be
deemed, if expressly prescribed, to be an indebtedness attributed to the
giftee/beneficiary.) In all such cases, a beneficiary’s indebtedness can be
verified by a “note of indebtedness” and kept on record in your Client Console’s
PostScript Page.
CONVERSELY, this App’s “Beneficiary Debt Forgiveness” clause simply and entirely
negates the debt-allocation-formula language included in your trust by
default. That means that if a child/beneficiary owes you money, at the
time of your decease, such indebtedness shall not be recognized for the purposes
of determining percentage-share allocations from your Trust Estate when you have
installed this language in your trust. The debt-forgiveness clause can
also be applied to just one of two or more indebted beneficiaries, if that is
desired, by specifying which beneficiary’s indebtedness is to be forgiven and
not reduced by the debt-allocation formula.
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