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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36980
Experience:  Texas lawyer for 30 years in Estate law
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My name is ***** ***** dad passed away, left us a annuity

Customer Question

Hi, My name is ***** ***** dad passed away, left us a annuity acct.My father did set up a trust acct. In that trust acct. My father wishes that if one of his children pass away that their child or children would received their portion. My sister passed away before my father. she has one child. The annuity is set up that if the child had pass away before the father that they will only issue checks to my father child only. if my sister pass away after my father then the portion would go to her child. My question is should I have the company to send all of his children and paid the federal & state taxes. when we received our checks to give a portion to our nephew in honor of my father. or should I have all the sibling to sign over their monies to the trust account and then issue the checks. Just worry about taxes.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray And will be the expert helping you today.
Here the annuity pays out side the trust to the named beneficiaries.If the beneficiary deceases then the it passes to any alternate beneficiaries.
If there are no alternate it passes to the estate here not the trust.Unless the trust here is named as beneficiary no funds are paid to it.
You can gift anything you get paid into the trust you choose or you can gift it directly to the named persons.The federal gift limit is $,5,430,000 here.If you gift over $14k a year then it is reported on your taxes for informational purposes it is not taxes.Overall whoever you gift would not be taxed here if it is under the $5,430,00 lifetime amount.
Anyone receiving the annuity payments reports these as regular income and then if they gift over $14k it gets reported on your return as well.
Here is reference to the gift limits.
http://www.forbes.com/sites/ashleaebeling/2014/10/30/irs-announces-2015-estate-and-gift-tax-limits/
You can decide whether to gift the funds to the individuals or the trust.Tax wise it would not make any difference.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

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