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Tag Archives: joint revocable trust

What Survivor Must Do When Trust Mandates Split on First Death

Newsletter, Tucson Elder LawBy Robert FlemingSeptember 13, 2015

SEPTEMBER 14, 2015 VOLUME 22 NUMBER 33 Once in a while we read an appellate court decision that nicely addresses a subject which isn’t the issue before the court. A recent Arizona Court of Appeals case illustrates this phenomenon nicely. The legal issue was technical and would appeal only to lawyers — and probably only…

Exercise of a Power of Appointment Should Follow the Document

Newsletter, Tucson Elder LawBy Robert FlemingJune 28, 2015

JUNE 29, 2015 VOLUME 22 NUMBER 24 Clients are often unfamiliar with the concept of a “power of appointment.” If they don’t know what it is, they can be excused for not knowing whether they have one, or how to use it. Suppose Thomas leaves $10,000 to charities in his trust, but gives his brother Richard…

Does Your Existing Trust Split Into Two Shares On a Spouse’s Death?

Newsletter, Tucson Elder LawBy Robert FlemingMarch 8, 2015

MARCH 9, 2015 VOLUME 22 NUMBER 10 A letter from a reader asks: “My husband and I set up a revocable trust which will divide our assets in half when one of us dies. This was to avoid estate taxes.  Now that estate taxes are no longer a problem, are there still benefits to splitting…

Assets Not Held As Part of Trust Pass to Different Successors

Newsletter, Tucson Elder LawBy Robert FlemingDecember 14, 2014

DECEMBER 15, 2014 VOLUME 21 NUMBER 45 From time to time we see appellate court decisions dealing with a common estate planning problem: after creation of a trust, changing title to assets is an essential element of completing the estate plan. Once in a while, as appears to be the case in this week’s court…

How Increased Estate Tax Exemptions Affect Existing Trusts

Newsletter, Tucson Elder LawBy Robert FlemingSeptember 28, 20141 Comment

SEPTEMBER 29, 2014 VOLUME 21 NUMBER 35 A lot has changed in American estate planning in the last decade (as you may have already heard). Estate tax thresholds have increased to (as of 2014) $5.34 million. On top of that figure, there is a relatively new concept of “portability” of the estate tax exemption, so…

Home Refinance Can Foul Up Estate Planning

Newsletter, Tucson Elder LawBy Robert FlemingMay 18, 20144 Comments

MAY 19, 2014 VOLUME 21 NUMBER 18 When our clients consider creating a revocable living trust, we usually explain that there are several benefits to that estate planning device. Chief among those benefits for most people: avoidance of probate on the death of the client. For married couples, there is usually no probate required on…

Tax Issues for Trusts — Simplified

Newsletter, Tucson Elder LawBy Robert FlemingJuly 28, 20133 Comments

JULY 29, 2013 VOLUME 20 NUMBER 28 Judging from the questions and comments we get here, taxation of trusts is one of the most confusing issues we regularly write about. We’re going to try to collect the most important rules here for your convenience. Note that we will not try (in this summary) to touch…

Step-Children and Disinherited Children Might Have Rights — It Depends

Newsletter, Tucson Elder LawBy Robert FlemingNovember 11, 20123 Comments

NOVEMBER 12, 2012 VOLUME 19 NUMBER 41 A prospective client asks: “Can my mother cut me out of her will after my father dies? His will leaves everything to the children after her death.” That deceptively simple question comes in a number of variations (like: “My mother’s will left everything to her children, but her…

Tax Identification Numbers for Trusts After Death of Spouse

Newsletter, Tucson Elder LawBy Robert FlemingMarch 25, 201217 Comments

MARCH 26, 2012 VOLUME 19 NUMBER 12 Here at Fleming & Curti, PLC, we keep tabs on what brings people to our website. We look at referring pages, at search terms and at a variety of other items. We are intrigued by what persistently tops the search-engine list. The most common search? It’s some variation…

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