Posts Tagged ‘irrevocable trust’

What is a Grantor Trust?

  • November 9th, 2021
  • David Greene
  • Comments Off on What is a Grantor Trust?

To be a grantor trust, the trust must meet specific rules set out in the Internal Revenue Code. There are several but the one that is used most frequently is that the grantor retains the right to remove assets from…

How can one avoid a will contest?

  • November 2nd, 2021
  • David Greene
  • Comments Off on How can one avoid a will contest?

It is very hard to be successful in a will or trust contest.  However, many disappointed heirs file such contests every year.  Here are some planning tips to hopefully avoid that headache and heartache for your heirs.  (1) If you…

How can one protect assets held in trust from creditors?

  • October 27th, 2021
  • David Greene
  • Comments Off on How can one protect assets held in trust from creditors?

In my last blog I stated that a revocable trust will not protect against creditors.  However, there is a solution: the Irrevocable Trust.  In this trust, the maker of the trust generally cannot be the trustee, so a great deal…

Does a trust protect one’s assets against judgment?

  • October 20th, 2021
  • David Greene
  • Comments Off on Does a trust protect one’s assets against judgment?

Whether or not assets in a trust are protected from judgment creditors depends on the kind of trust.  The most popular trust is the Revocable Living Trust.  Usually, the maker of the trust is also the trustee, so he retains…

Should an IRA or 401k be transferred into a trust?

  • August 25th, 2021
  • David Greene
  • Comments Off on Should an IRA or 401k be transferred into a trust?

It is definitely not a good idea!  If you put your IRA or other qualified retirement account into your Living Trust, the IRS will consider it as a distribution and you will be taxed on the entire amount immediately.  There…

What happens to a trust after the trust maker dies?

  • June 10th, 2021
  • David Greene
  • Comments Off on What happens to a trust after the trust maker dies?

What happens after the trust maker dies depends on the language in the trust.  Most trusts are Family Trusts with husband and wife as co-trustees.  When the first spouse dies, the trust continues with the surviving spouse as trustee.   When…

What are the advantages of having a trust?

  • June 2nd, 2021
  • David Greene
  • Comments Off on What are the advantages of having a trust?

First, one of the main advantages of having a trust is the avoidnace of probate.  There are certainly other advantages as well.  It can help insure passing of assets to children in the aftermath of a divorce, for instance when…

New Year Thoughts

  • December 29th, 2020
  • David Greene
  • Comments Off on New Year Thoughts

As most of you know, the majority of my practice is dealing with IRS problems and Estate Planning.  Today I want to pass along some thoughts about both of those areas. Even as the COVID-19 pandemic rages on, our problems…

Is a Trust only for the very rich – Part 2?

  • August 7th, 2019
  • David Greene
  • Comments Off on Is a Trust only for the very rich – Part 2?

I mentioned that the three primary reasons for forming a trust are (1) avoidance of probate,  (2) asset protection from creditors and (3) the ability to control your assets and how they are used for a long time after your…

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