Trusts

Due Process Limits State’s Power to Tax Out of State Trust

In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the U.S. Supreme Court was asked…

2 weeks ago

Income Tax Return for Estates and Trusts – Form 1041

What is Form 1041 used for? If an estate or trust has gross income of $600 or more during a…

3 months ago

Notice Concerning Fiduciary Relationship – IRS Form 56

IRS Form 56 is used to notify the IRS of the creation or termination of a fiduciary relationship under section…

3 months ago

Getting Organized

Many people think that estate planning is just having documents prepared. They have a lawyer prepare a Will, get it…

5 months ago

Construing the Meaning of a Trust: Settlor’s Intent

If called upon to determine the meaning of a trust, or to resolve some ambiguity, Court look for the intent…

5 months ago

Sample Trust Language Appointing Trustee

The following sample language comes from a trust that was drafted years ago, however it remains useful in understanding issues…

6 months ago

Selecting the Trustee

One of the most important tasks when creating a trust is selecting the trustee. You can have the best trust…

6 months ago

How much protection does a Medicaid Asset Protection Trust really provide?

In Hammerberg v. Department of Human Servs. (Minn. Ct. App. 4/22/2024), the State made an estate recovery claim against what…

6 months ago

Estate and Gift Tax Exclusion Amounts

The amounts below are the estate tax exclusion amounts as provided by the IRS. Unless Congress takes action, in 2026,…

8 months ago

Do I need a Gun Trust?

Gun trusts were developed so gun owners can pass their firearms to beneficiaries or heirs at death (or disability) without…

9 months ago