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(Published in the New Hampshire Bar News, March 2011)
The 2010 Tax Relief, Unemployment Reauthorization, and Job Creation Act of 2010 (2010 TRA) in...
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The second part on asset protection strategies is presented. Trusts can be adjustable or permanent, written to spring into effectiveness during your lifetime (Living Trusts) or after you die (Testamentary Trusts). Wills are different from trusts because trusts hold ownership of assets while wills simply direct assets. A Revocable Living Trust (RLT) is by far the most popular estate planning trust the author's clients use. The second most popular trusts are testamentary irrevocable trusts, such as a Credit Shelter Trust (CST). Your client can't pay taxes on an asset he doesn't own. By reregistering assets into the name of an irrevocable trust, he can transfer ownership and taxation to the trust entity.
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Most estate plans provide that, on the closing of a decedent's estate, the assets are divided between a credit shelter amount and a marital deduction ...
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- Henry J. Read; Michael O. Read, as Trustees of the A. Louis Read Testamentary Trust, Plaintiffs-Appellants, v. United States of America, Through the Department of Treasury, Internal Revenue Service, Et Al., Defendants, Patricia I. Read, Defendant-Appellee., 169 F.3d 243 (5th Cir. 1999)
...Read, the ex-wife and judgment creditor of Stephen L. Read, who is another defendant and o... that had accrued to Stephen in the Credit Shelter Trust, and naming as defendants Stephen, Patricia,...
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Thanks to Congress's failure to act to fix the estate tax by the end of 2009, your estate plan may have a serious problem. If your estate plan divides your assets by use of a formula that refers to the estate tax, your plan could be in trouble.
Many people have this type of plan. It goes by various names. Some call it an A-B Trust; some call it credit shelter trust planning; some refer to it as bypass trust planning. Whatever you call it, the salient feature is a word formula that directs part of the decedent's assets to a trust and part to the surviving spouse (or to a trust usually for his or her benefit).
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... the availability or value of foreign tax credits (including rules for certain foreign acquisitions,...(eliminating the need for a marital credit shelter trust). . For individuals who died in 2010, the ex...
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This flexibility is key to New Jersey residents since the state of New Jersey has an exemption amount of only $675,000/' [Christine Pronek] says. "With the disclaimer language in the will, the surviving spouse can decide if he or she wants to pay some state estate tax upfiont on the decedent spouse's estate, instead of taking a larger state estate tax hit on the surviving spouse's estate when that person passes.
Pronek says qualified disclaimers provide flexibility for the surviving spouse to decide how much of the federal estate tax exemption should be held in a trust-commonly referred to as a credit shelter trust-and protected from being taxed as part of the surviving spouse's estate when he or she passes away This flexibility is key to New Jersey residents since the state of New Jer...
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In addition to extending the Bush administration tax cuts, the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the "...
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... generation-skipping transfer (GST) exempt credit shelter trust, which entitles Hayley to income for...
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... jointly with rights of survivorship or in trust for another. b. When someone dies the Will is fi... Credit Shelter Trust under Will i. Traditionally a marr...