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Wills, Trusts & Estates keyed to Dobris
In re Daly
Facts
Child was disabled both physically and mentally since birth. Child was cared for by his parents until five months of age, and subsequent to this by loving foster parents. Child is eleven years old and has a life expectancy of fifteen years, although this is not a definite prognosis. Child’s substantial care needs are currently satisfied by his foster parents, but in the future it may be necessary for increased care at a residential medical institution. Child’s medical expenses are currently paid from a $1.6 million medical malpractice settlement and his medical insurance paid through his father’s employer. Currently Child’s investments yield an excess income of $60,000 annually. In order to consume this excess income and accomplish tax-free inter vivos transfers, Petitioner seeks authorization to transfer $10,000 annually to each of Child’s three siblings and two parents, thereby consuming the majority of the excess income.
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