Actually, no it would not accomplish what the OP wants to do. His situation is that is that his father is named as the beneficiary of his aunt's estate. His father does not want the inheritance and wants other relatives that he chooses to get the stuff while also avoiding the gift tax consequences of that.hi tm,
i guess the reason i was asking is because it would be a way to do what the op wants to do.
What you suggest does not deal with that situation. If the OP's aunt had the trust you described and named her brother (the OP's father) as only having the power to decide who gets the trust assets, there are one of two possibilities. The power could include the power to give the assets to himself as well as to others, in which case the same gift tax problem arises. And really, that just amounts to the same thing the father can do now: take the inheritance and then make gifts to whomever he wanted to have them if he decides he doesn't want it.
Or the aunt's trust could give her brother the power to decide who gets the assets but prevent him from making himself one of the beneficiaries. That would avoid the gift tax problem for the father, but would also mean that her goal of making him the primary beneficiary would not be achieved.
Yes. It's not common, but it does happen.have you ever come across a trust in which someone else was selected, to decide who to give the assets to ?
He could do that if the trust terms permit it, though he'd want to be mindful of any estate/inheritance/generation skipping taxes that get triggered by the choices he makes.if the aunt had let the brother (op's dad) make his selection, he could have chosen his 6 nieces and nephews, himself, or a combination ?