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Articles Posted in Living Trusts

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Utilizing Trusts to Reduce Taxes Faced by Your Legacy

Many people are curious about what happens after they are no longer able to manage their assets. Many chances are created when it comes to estate planning arrangements and trusts play a large role in estate planning. If you choose wisely, trusts fortunately can prove to be an excellent way…

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Minnesota Case Emphasizes Important Trust Management Lessons

In a recent opinion, a Minnesota Appellate Court rejected a petition to revise a trust’s terms to permit the early distribution of trust assets to beneficiaries. The court also rejected a request by the petition for the trust to pay attorney’s fees and held that the litigation was neither necessary…

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Riverside v. Snukst: A Lesson on How to Avoid Trust Disputes

In the recent case of Riverside County Public Guardian v. Snukst, a California appellate Court resolved an issue involving the Medi-Cal program, which is California’s version of the federal Medicaid program. The program is overseen by the California Department of Health Services. In Riverside, the Department of Health Services pursued…

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PROPOSALS TO LIMIT THE GENERATION SKIPPING TRANSFER TAX EXEMPTION

PROPOSAL TO MOVE BACK TO PREVIOUS TRUST LAWS As this blog discussed in the recent past, dynasty trusts are trusts that allow for a benefactor to pass wealth on to future generations via various legal mechanisms that allow a trust to carry on for literally hundreds of years, overcoming the…

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DYNASTY TRUST REEXAMINED

VERY SIMPLE CONCEPT This blog examined the dynasty trust in the past but it is time to reexamine certain aspects of the dynasty trust.  The dynasty trust is a trust designed primarily to avoid the generation skipping transfer tax when a person wants to leave money to their grandchildren or…

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UNDUE INFLUENCE IN PROBATE

KNOW IT WHEN YOU SEE IT Supreme Court Justice Potter Stewart wrote in an opinion on a first amendment, free speech issue that became famous, but is so commonplace and true about life. Specifically he said that some things are hard to define, but he would know he if he…

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WHAT IS A CRUMMEY TRUST

STRANGE NAME, GREAT CONCEPT A person is entitled to gift up to $14,000 per year without incurring any gift tax liability. There are some limitations to those gifts, however. The gift must be for the unlimited, present usage of the interest that is being conveyed. That creates problems for when…

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REASONS FOR LEAVING AN IRA TO A TRUST VERSUS IN A WILL

NAMING A TRUST AS AN IRA BENEFICIARY IN YOUR WILL Recently this blog touched on some of the issues related to leaving an individual retirement account to your heirs in a will, as found here. There are many options that people have to leave their IRA to others in a…

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GUN TRUSTS: PROPER AND LEGAL TRANSFER OF FIREARMS

LEGALLY DELICATE AREA OF THE LAW This blog explored the topic of gun trusts in the past and it is high time to reexamine the matter in some more detail. While it is probably true that most people with a fairly sizable gun collection are hunters and gun enthusiasts, that…

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