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Question

My Father passed away in 2007 and had an Irrevocable Trust with my mother as beneficiary. My sister and I were designated POA and placed ALL of their assets into my father's Irrevocable Trust (a Fidelity trust account)-this was used to pay for my mother's care. My mother has passed away--HER will designating that all assets be placed into HER irrevocable trust--my sister & I are sole beneficiaries. Although the trust was "created" by a lawyer (now deceased) it was never funded or an account created. So... 1) Do we have to create such an account and then transfer the balance of Dad's account into it? 2) If so, can we avoid estate taxes by "gifting" the balance to family members in $10,000 increments over time?

Submitted: 17 days and 15 hours ago.
Category: Tax
Value: $30
Status: CLOSED
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Optional Information

State/Country relating to question: Maryland

Already Tried:
Documents drawn up when both parents lived in Maryland-both passed away in Virginia

Posted by RD 17 days and 12 hours ago.

Answer

Yes, as per the will of your mother- the trust needs to be funded as directed.

Funds from the trust can be distributed as per the terms of the Trust. The Trust cannot gift the balance to the family members at its own discretion. The money distributed to the beneficiaries by the Trust can be gifted to the family members by the beneficiaries (who receive these funds). This will reduce the estate of the beneficiaries over a period of time.


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.

17 days and 2 hours ago.

Reply

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.

Posted by RD 17 days and 1 hours ago.

Info Request

Is this a irrevocable trust that you will be funding from your Mother's estate?

17 days and 1 hours ago.

Reply

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

Accepted Answer

Most likely if the estate is under $3.5 mn ( in this year if your mother passed away this year) than the estate is not taxable. Virginia State does not have an estate or inheritance tax in place now so there is no state estate or inheritance tax too.
If the distribution is from a retirement account or a tax deferred account than tax may apply on the distribution amount from such accounts.

It seems like the trust(being revocable) will form part of the estate and they can be distributed to the beneficiary as beneficiary may have the discretion to distribute the assets. However without knowing the fine prints of the trust document and Will -I cannot say this with 100% assurance. I will suggest you to engage a profession in your area to review the documents and make a determination.


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.



Edited by RD on 11/6/2009 at 2:27 PM

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Expert: RD
Pos. Feedback: 99.4 %
Accepts: 
Answered: 11/6/2009

Certified Public Accountant (CPA)

CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..

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