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Orange County Estate Planning Lawyer Blog

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Living Trust Taxation

Living Trust Taxation – The IRS ignores revocable living trusts LIVING TRUST DEFINED The term “living trust” is commonly used by estate lawyers and financial planners to describe a trust which is established during a person’s lifetime and which is revocable and changeable. Living trusts – are also known as…

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Trust Administration Basics

I was just put in charge of a trust so what do I do? Trust Administration Basics for Newly Appointed Trustees Events triggering administration.    Trust administration is needed when or both of the Trustors (i.e. persons who created the trust) passes away or resigns voluntarily or becomes legally incompetent. Basic…

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Control of Family Business and Conflict of Interest Dispute Story

You can predetermine “Reasonable Trustee Fees” – if only you are properly advised A typical part of any living trust is a paragraph allowing payment of “reasonable” trustees fees. Most people establishing trusts do not realize that there is a great deal of latitude in what reasonable trustees fees are.…

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Outdated Estate Plan Review, Trust Review

How Often Should You do an Estate Plan Review? Outdated Estate Plan? An Estate Plan Review Helps You Deal with Life Changes Once you have your estate plan drafted and and your selected assets funded into your Revocable Living Trust, you can’t simply throw your estate planning documents into a…

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Grantor Trust – Intentionally Defective Grantor Trusts

WHAT IS A GRANTOR TRUST? According to the tax laws, IRC §671-679,  a “grantor trust” is any trust in which the Trustor/Grantor retains control over the income or principal, or both to such an extent that he is regarded as the substantial owner of the trust property and income.  The…

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Generation Skipping Trust

WHAT IS IT? – What is a Generation Skipping Trust? A Generation Skipping Trust (GST) is a generic term for any trust where there are trust benefits which are skipping a generation.  A typical example is where a Trustor establishes a trust that does not benefit his children but instead…

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