Trusts And Estates
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Will v. Revocable Living Trust
Reasons for the RLT instead of a conventional Will include: 1) avoidance of probate which is public and can be very time consuming; 2) asset management in the event of incapacity (trust document provides a successor trustee in the event of client incapacity); 3) where the possibility of a contested Will exists and/or where distributees (those who would inherit if there were no Will) will be difficult to determine and/or find; 4) desire for immediate asset distribution; and 5) the ease of amending the RLT as needed.
It should be noted that even where the RLT is utilized, a ‘pour-over’ Will is still appropriate as a catch-all for miscellaneous property not held by the RLT.
In any event, whether a client chooses a Will or RLT or both, experienced and qualified counsel is an absolute necessity.
Business Ownership/Succession
Also a significant consideration is the proper valuation and sale/transfer of shares/membership interests. Tax savings and efficiency can be accomplished through the use of various buy-sell arrangements.
Retirement Benefits
In the case of younger children and minors, naming a trust as beneficiary can prevent them from withdrawing most or all of a retirement plan account balance, in effect squandering any income tax deferral benefits. However, naming a trust is a complex issue as the trust must be a ‘see through’ trust to be a designated beneficiary under the Internal Revenue Code and corresponding regulations. If this is done incorrectly, distributions from a plan will be accelerated and the income tax consequences are severe.
Trust planning may also be appropriate where the retirement plan is needed for an individual to make full use of the applicable exclusion amount (discussed above).
IRA and Retirement Benefits Planning is a developing area of law. Accepted planning strategies are often the result of IRS Revenue and Private Letter Rulings.
Minors: Children & Grandchildren
Estate & Trust Administration areas include:
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Estate & Trust Administration & Probate
The administration of estates and trusts involves effective guidance and counseling of the acting fiduciaries (executors, administrators and trustees). This process will often entail accurate and efficient preparation of appropriate Surrogate’s Court documents, estate tax returns, fiduciary income tax returns, and estate and trust accountings. Prudent guidance is absolutely critical.
We advise executors and administrators on various matters, including: important deadlines, locating and marshaling estate assets, filing of appropriate estate tax and income tax returns, payment of consequential taxes, accountings and distributions to beneficiaries, as well as other post-mortem estate and tax planning.
We advise trustees on various matters, including: communication with beneficiaries, funding, and principal and income considerations, and preparation of appropriate tax returns. We also coordinate our efforts with all appropriate parties, including accounting firms, investment advisors and banks.
When your financial house is not in order, it can cost you and your family dearly. Protect your assets and the people you love with smart estate planning.
Frequently Asked Questions