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I'm not sure I understand your question or what you're trying to do. I'm re-reading your question.
Are the parties still alive? What exactly are you trying to do? Give me the actual facts & tell me what you are trying to do.
Goal - Sell $5,000,000 RE and get step up for heirs + no tax
Hus still alive,wife passed
the RE is held in LLC
H can allocate the assets freely
If the RE in the LLC, LLC allocated to W trust and the RE is old out, and the adult kids get all process no tax
Who owned the LLC when your wife died and what date was that?
One significant problem we have right now in estate planning is that we don't know what the law is going to be beyond 2012.
The LLC was intended to be owned by the signal trust before the death. But paper work was never finished so the LLC that ownes the RE
could be owned by the orginal trust or allocated as an LLC to her trust.
What is the signal trust?
I am sorry, I meant the first, or orginal trust
Revocable (living trust) - until first to die
What are the terms of the original trust? Was it a living trust of either your or your wife?
yes, the initial trust was a revocable trust until first to die, the her trust springs up
So the original trust was never funded with the LLC shares?
Who owned the LLC before the trusts were involved?
The LLC was created to hold the RE, the RE was orignially owned by a "C" corp which deeded it to the LLC
Were both you & you wife members of the LLC? Anyone else?
No one else was a member of the LLC
You & your wife? What was you wife's date of death?
This year, March 12th - 2012
Did she have a pour over will? ie. that left everything to her trust?
hello - I have just recieved a call I must take, is there a way to pick up at another session?
Againk thanks you