News & Analysis as of

Revocable Trusts Beneficiaries

Wealth Management Update - December 2016

by Proskauer Rose LLP on

December Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The December § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

3 Strikes Against the IRS in Attempting to Impose Fiduciary and Beneficiary Liability for Estate Taxes

by Charles (Chuck) Rubin on

During her lifetime, Anna Smith established the Anna Smith Family Trust, a revocable trust administered for her benefit. Initially, Anna was initially a co-trustee with two of her children, but eventually became sole trustee....more

When The Power To Amend Doesn’t Actually Mean You Can Amend

by Bryan Cave on

Circumstances, laws, and taxes all change. And, when they do, many settlors don’t want their beneficiaries to have to go into court to get permission to roll with the changes. That’s why you often find a trust provision...more

Napkin Theory Saves the Day [Florida]

by Charles (Chuck) Rubin on

Renee established and funded a revocable trust, with charitable residuary beneficiaries at her death. The trust was revocable, but it did not provide a method for revocation. Four years later, Renee prepared a will that...more

Income Tax Assessment on Beneficiary Allowed Even Though the Statute of Limitations Had Expired

by Charles (Chuck) Rubin on

A recent Tax Court case illustrates how the IRS was able to assess income taxes against two trust beneficiaries even though the statute of limitations for assessment had expired, via the mitigation provisions of the Internal...more

Estate Planning Attorney | Should I Transfer My Vehicles to my Trust?

As an estate planning attorney in Arizona I am always asked if after you have signed your revocable living trust, what if anything should you do about your vehicles or other assets titled through Arizona’s Motor Vehicle...more

The Case of the Vanishing Guaranty—Issues Facing Commercial Real Property Lenders Regarding Revocable Trust Borrowers

by Ervin Cohen & Jessup LLP on

I have recently received numerous questions from commercial lender clients regarding structuring and enforcing commercial real property loans involving revocable trusts. Their concerns have largely centered on how to...more

T&E Litigation Newsletter- 9/3/15

by Goulston & Storrs PC on

Massachusetts courts have issued decisions on several topics of interest, including whether a revocable spendthrift trust may properly be included in a marital estate, what happens to assets left to a named beneficiary who...more

Recent Cases of Interest to Fiduciaries

by McGuireWoods LLP on

In re Estate of House, 2014 Wash. App. LEXIS 3006 (Wash. Ct. App. 2014) - A release waiving any and all claims that the parties may have or may acquire, bars recovery for unknown claims existing at the time the release...more

California Trust Attorney – Three Things You Should Know About a Trust

by Lewitt Hackman on

What is a trust and how does it differ from a will? Before planning your California trust you should know three important things: 1. A Trust Defined - A trust provides for the allocation of assets when you...more

5 Estate Planning Mistakes You Should Try to Avoid

by JD Supra Perspectives on

In your experience, what’s the most costly mistake people make when preparing estate plans, and what can they do to fix them? That’s the question we recently put to attorneys writing on JD Supra....more

Estate Planning Considerations: Documentation and Peace of Mind

by Baker Donelson on

With the introduction of the American Taxpayer Relief Act of 2012 (Act), the world of estate planning has been injected with a dose of certainty after more than 10 years of uncertainty as to federal estate, gift and...more

Tax Law Blog: Iowa Trust Industry Breathes a Sigh of Relief after the Supreme Court's Reversal in Trimble

by Davis Brown Law Firm on

On January 25, 2013, trustees around the state breathed a sigh of relief after the Iowa Supreme Court reversed the district court’s controversial decision in the trust case of In the matter of Trust #T-1 of Mary Fay Trimble....more

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