Let me know if you have any question.
Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.
There are NO directions in the document on usage of assets--the beneficiaries are my sister and myself--who are also the POA and the executors of the will---if we fund my mother's trust (from the proceeds of my father's trust as you direct)--and then we DISSOLVE it totally and split it 50/50, will we assume a huge estate tax? Why can't we gift the balance to the family at our own discretion? We two people are the ONLY ones involved-from beneficiaries to co-executors to POA. It's just my sister and myself.
The idea to "gift" to our children and to ourselves in $10,000 increments over time from this trust is merely a method to avoid taxation. I am looking for suggestions on a STRATEGY to minimize taxation or penalties from doing something wrong. I need to avoid a penalty for a violation in disbursement that I may not even be aware of existing.
Not sure of the terminology---both parents set up Revocable Trusts--I guess they become Irrevocable upon death? Anyway, aside from some insurance and stocks, all of my parents assets are in a Fidelity Trust account under my Father's name-so, if that now is my mother's "estate", then yes, I guess so....the end game is that their assets will flow to my sister and myself--whatever mechanism I have to trigger to enact this is fine....all I have is a document that "created" the Revocable Trust for my mother-and her will which stipulates that assets go to it--although beneficiaries are her children. Mom and Dad set these up identically--of course not knowing which one would die first. I am trying to do the disbursement to my sister and myself with only two objectives:
1) it is legal
2) it minimizes estate and all other taxes
Certified Public Accountant (CPA)
CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..