Definition of a “Grantor, Settlor, or Trustor” of a Trust These terms are often interchangeable. The Grantor, Settlor, or Trustor of a trust decides how the trust will operate, including: what property to include in the trust, who the beneficiaries will be and how beneficiaries will receive their inheritance. When the trust is revocable (i.e. can be changed or terminated until the grantor dies), … [Read more...] about Definition of a “Grantor, Settlor, or Trustor” of a Trust
The LLC form of company ownership generally shields individual owners (known as members) from personal liability for the debts or obligations of the LLC. Creditors of an LLC can normally only go after the assets of the LLC and not the member's individually owned assets. Are you personally liable for business debts? There are certain situations where you can be held personally liable for … [Read more...] about Are You Personally Liable for an LLC?
How Can the Deferred Sales Trust be Used to Fund Alternative Investments? Let’s take real estate, for example. Frequently a DST is established as a bail-out or a Plan ‘B’ for a seller who is pursuing a 1031 exchange. Industry statistics show that 20% to 30% of 1031 exchanges fail because a seller is unable to identify their upside property within 45 days and successfully close on the … [Read more...] about How Can the Deferred Sales Trust be Used to Fund Alternative Investments?
By Greg Reese, Principal, Reef Point, LLC - Trustee for the Deferred Sales Trust The Deferred Sales Trust is designed so that the proceeds of the sale of a business, real property or highly appreciated collectables can achieve tax deferred status. The original seller of the appreciated asset first sells the asset to the Trustee of the Trust, who then “re-sells” the property to the intended … [Read more...] about The Use of Alternative Investments within the Deferred Sales Trust
What Is an Estate and What Planning Is Involved? It's important for you to understand what the word "estate" means so that you do not underestimate the broad scope of the term. The "estate" consists of all the property a person owns or controls. Examples of the more well-known items include personal property, real estate, bank accounts, insurance policies, business interests, certain trust … [Read more...] about Estate Planning 101: An Introduction
What are the advantages of a Deferred Sales Trust (DST)? The Deferred Sales Trust, or DST, provides a unique exit strategy for an appreciated business or piece of real property. A component of the DST is the use of an installment sale strategy to defer and manage the tax obligations that come with the sale of an appreciated asset. Some of the negative features of the traditional way an … [Read more...] about Is a Deferred Sales Trust Right for You?
There are perfectly legal ways to defer capital gains tax and reduce your overall tax burden. Those of you who own highly appreciated assets such as homes, businesses, commercial and residential real estate, even high value collectibles, are often reluctant to sell that asset because of the capital gains tax and depreciation recapture costs associated with the sale. There are perfectly legal … [Read more...] about What are the Differences Between a Deferred Sales Trust (DST) and a Charitable Remainder Trust (CRT)?
Important Documents Related to Final Distribution of a Trust Estate NOTICE OF PROPOSED ACTION In the course of settling a Trust estate, the Trustee may need to make a significant decision that might affect the interests or desires of the beneficiaries. The most common decision would be to sell a piece of property or borrow money secured against trust assets. It may also involve a … [Read more...] about Important Documents Related to Final Distribution of a Trust Estate
The IRS has announced the 2018 inflation adjustments for many tax provisions, including exemptions for estate, gift and generation-skipping transfer taxes and the annual exclusion amount for gifts. The 2018 estate and gift tax “exemption” will be $5,600,000, up from $5,490,000 for 2017. This is the total amount that can pass free from estate tax on death and/or from gift tax during life. The … [Read more...] about 2018 IRS Estate and Gift Tax Inflation Adjustments
Valuation of Cash or Financial Assets Valuation of Cash or Financial Assets is determined by providing an independent statement such as from a Bank, Brokerage, Insurance Company or other financial institution. Valuation of Tangible Personal Property In general, if the value of any item of Tangible Personal Property exceeds $5,000 then, a value must be established by reliable written … [Read more...] about Issues Regarding Valuation of Cash and Non-Cash Assets in Estate Planning