trusts

Question 1

what portion of this is probate?

Rogger, when he died, had rights as sole beneficiary in a trust created by his grandparents, from which he received all of the income.

The trust instrument provided that the corpus would be distributed to Roger’s children upon Roger’s death.

The corpus of the trust at the time of Roger’s death was $9,500,000, and there was accumulated, undistributed income of an additional $25,000; and

Answer 1

The accumulated, undistributed income under the grandparents trust is included. The decedent, who was entitled to all trust income for life, does not forfeit the right to income accrued and undistributed at time of
death. §64.2-1008[B] [Uniform Principal & Income Act]

The corpus of the trust is not included. By the terms of the trust Roger’s children have a vested remainder in the corpus.