Estate and Elder Law

Recent Posts

Morrison & Foerster LLP: Distribution of Liabilities from a Grantor Trust Likely Causes the Grantor to Recognize Gain
Posted on 2 Sep 2011 by Morrison and Foerster LLP

By Danielle T. Zaragoza, Esq. and Sonja K. Johnson, Esq. A so-called "grantor trust" is a trust that is disregarded for income tax purposes. Because the income and gratuitous transfer tax laws are not completely consistent with each ... Read More

Intentionally Defective Grantor Trusts on the Chopping Block?
Posted on 11 Jul 2012 by Gregory Herman-Giddens

Persons who have relied upon certain trusts as a means of limiting estate taxes upon their death might have cause for concern regarding an Obama administration budget proposal for 2013. While the current proposal remains very broad, and thus might be... Read More

Morrison & Foerster LLP: Distribution of Liabilities from a Grantor Trust Likely Causes the Grantor to Recognize Gain
Posted on 2 Sep 2011 by Morrison and Foerster LLP

By Danielle T. Zaragoza, Esq. and Sonja K. Johnson, Esq. A so-called "grantor trust" is a trust that is disregarded for income tax purposes. Because the income and gratuitous transfer tax laws are not completely consistent with each other... Read More

Using Grantor Trusts to Transfer Assets
Posted on 12 Oct 2010 by Adam J. Gottlieb

By Adam J. Gottlieb In this entry, I will discuss transfers to an intentionally defective grantor trust ("IDGT"). An IDGT is a trust which provides no direct financial benefit to the transferor. It is a grantor trust under the income tax... Read More

Historic Estate & Gift Tax Savings Opportunities Almost Gone
Posted on 24 Jul 2012 by David R. Schoenhaar

By: David R. Schoenhaar, Esq.* We are half way through 2012 and the generous tax legislation that went into effect on January 1, 2011, is scheduled to sunset on December 31, 2012, if Congress fails to act. Those who can participate in significant gift... Read More

Low Interest Rates-Ideal for GRATS or Sales to an IDGT
Posted on 21 Nov 2011 by David R. Schoenhaar

By: David R. Schoenhaar, Esq.* In this environment of low Applicable Federal Rates (AFR) and §7520 rates, sophisticated techniques like a grantor retained annuity trust (GRAT) or a sale to an intentionally defective grantor trust (IDGT) should... Read More

Intentionally Defective Grantor Trusts Under Attack by 2013 Revenue Proposals
Posted on 29 Feb 2012 by David R. Schoenhaar

By: David R. Schoenhaar, Esq.* A common Estate Planning technique is the utilization of intentionally defective grantor trusts. A grantor trust is a trust in which the grantor is treated as the owner for income tax purposes and when the grantor dies... Read More

Low Interest Rates-Ideal for GRATS or Sales to an IDGT
Posted on 21 Nov 2011 by David R. Schoenhaar

By: David R. Schoenhaar, Esq.* In this environment of low Applicable Federal Rates (AFR) and §7520 rates, sophisticated techniques like a grantor retained annuity trust (GRAT) or a sale to an intentionally defective grantor trust (IDGT) should... Read More

Intentionally Defective Grantor Trusts Under Attack by 2013 Revenue Proposals
Posted on 29 Feb 2012 by David R. Schoenhaar

By: David R. Schoenhaar, Esq.* A common Estate Planning technique is the utilization of intentionally defective grantor trusts. A grantor trust is a trust in which the grantor is treated as the owner for income tax purposes and when the grantor... Read More

Intentionally Defective Grantor Trusts on the Chopping Block?
Posted on 11 Jul 2012 by Gregory Herman-Giddens

Persons who have relied upon certain trusts as a means of limiting estate taxes upon their death might have cause for concern regarding an Obama administration budget proposal for 2013. While the current proposal remains very broad, and thus might be... Read More

Historic Estate & Gift Tax Savings Opportunities Almost Gone
Posted on 24 Jul 2012 by David R. Schoenhaar

By: David R. Schoenhaar, Esq.* We are half way through 2012 and the generous tax legislation that went into effect on January 1, 2011, is scheduled to sunset on December 31, 2012, if Congress fails to act. Those who can participate in significant... Read More