Although trusts have been around since the thirteenth century, (80) the modern era of succession has seen the revocable inter vivos trust
rival the will as the primary vehicle for transmitting wealth at death.
It is neither equitable nor logical to extend to a divorced spouse greater rights in the assets of an inter vivos trust
created and controlled by the other spouse than are extended to a spouse who remains married until the death of his or her spouse.
The element that would typically complexify a traditional inter vivos trust
is the inclusion of future interests, which carry trusts out of the sphere of spot transfers and into the sphere that we shall call anticipatory transfers--an area demanding greater formality for additional reasons, as we shall presently see.
Arizona has addressed the reciprocal trust dilemma by enacting Arizona Revised Statutes [section] 14-10505(E)(4) that, in conjunction with [section] 14-10505(E), provides that a person who would otherwise be treated as a settlor or deemed a settlor of a trust should not be treated as settlor with respect to an irrevocable inter vivos trust
created by the settlor's spouse for the benefit of the settlor, regardless of whether or when the settlor also created an irrevocable inter vivos trust
with respect to which such spouse is a beneficiary.
Any real property, or any beneficial interest in a land trust, or any interest in real property held in a revocable inter vivos trust
or revocable inter vivos trusts
created for estate planning purposes, held in tenancy by the entirety shall not be liable to be sold upon judgment entered on or after October 1, 1990 against only one of the tenants, except if the property was transferred into tenancy by the entirety with the sole intent to avoid the payment of debts existing at the time of the transfer beyond the transferor's ability to pay those debts as they become due.
Where liquid assets may be insufficient to pay death costs and administration expenses, a useful provision in the inter vivos trust
is to permit the trustee to make cash available to the estate executor through loans or the purchase of estate assets.
In this structure, the taxpayer will transfer the cottage today similar to the inter vivos trust
citizen G establishes and funds an irrevocable inter vivos trust
(Trust) for the benefit of G's descendants.
603 -Trust Antilapse - to prevent a lapse of beneficial interests in an inter vivos trust
under certain circumstances, consistent with similar protections in F.
This type of trust is also referred to as a revocable, living, or inter vivos trust
Also known as a revocable inter vivos trust
, it allows you to transfer property into it and specify a trustee who will manage the property.
Where an inter vivos trust
fails for some reason, and a resulting trust or equitable reversion arises in the settlor, the settlor has a second chance to fill a gap in the disposition or to correct otherwise the flaw in the original trust.
7 to inter vivos trust
instruments and the enforceability of the exculpatory provisions contained in them," and recommending an extension of the statute to trusts); see also In re Jastrzebski, 948 N.
A handful of 2013 cases involving the taxation and administration of trusts should grab the attention of tax professionals looking to reduce the state income tax liabilities of their testamentary and inter vivos trust
The gift and GST consequences of including Crummey powers with total discretionary intervivos trusts are similar but not identical to the consequences when a Crummey power is included in the typical irrevocable inter vivos trust