Trust Tax: How much is enough and how much is too much?
Friday, September 16, 2011
Often I enjoy the ads that I see more and offers
Living trusts.
It is almost always one of the big sales pitch, as a living
Trust is the * ° usands doll * rs in "bad" savings succession.
Attorneys In Columbus Ohio
This leads consumers to believe that you pay for succession,
But trust in life are "fr * e. '(That is, after paying the
Promoter of creating an account for you).
Not so.
Here is an email I received from one of my members
(He gave me permissionto discuss this issue in their
Article):
Hello Phil,
My mother died recently and my sister is the first trustee.
She argues that gets 10% of the assets of Trust 1, as my mother.
Is this true? What is the normal rate for the first Trustee?
Good question. Often one of the largest if not the largest,
Areas of dispute among the children or heirs after the death occurs.
What is a trustee to pay? How is it calculated? There are other
Taxes?
If you have a trust and notknow the answer to these questions,
I think the right thought is "Uh-ohh!"
OK, let's take a brief look at taxes curator.
We begin by distinguishing between the times a trustee may
are asked to act.
Remember, one of the best uses of a trust in
Heritage of someone who is disabled. My best friend and
his sister have been managing the affairs of the mother (as
Trustee) for the past 10 years. The mother is 95, in decent physical
Health, but has advanced Alzheimer's).
Let's save the debate on taxes Trust
Director of a discount incompetent for a future article. We try to
us in answering the previous question.
Here it is again:
Hello Phil,
My mother died recently and my sister is the first trustee.
She argues that gets 10% of the assets of Trust 1, as my mother.
Is this true? What is the normal rate for the first Trustee?
In essence, the question "How can a trusteeUpload
Manage assets after death? "
How can we answer this?
First, we must look at the meter confidence.
The instruments most trusted expertise designed a section
Curator in charge of taxes.
The best ones are fairly specific and make the difference
between a trustee and the beneficiary is alive, but
occurred and incompetent as trustee after a death
(Action similar to that which introduces an executorProbate Court).
So before you look at the drum trust. Indicate that it is often
a fee. Sometimes you say% 0.75 to 1.25% of total value
activities that are managed and transferred (because this is the
canon professional trust companies managed by a typical cargo
many banks).
In fact, let's see what California law says curator taxes
(Every state has a statute, go to your county law library
and ask the librarian to help you read hereupwards).
In California, the law of life is contained in the known
Probate Code. Probate Code Sections 15680-82 is what tells us:
15680 (A) Subject to subdivision (b) if the trust instrument
provides for the payment of the trustee, the trustee will be entitled
be compensated based on trust instrument.
(B) shows a correct, the court may determine or allow for greater
or less compensation than is allowed under the terms of his
Confidence inone of the following circumstances:
(1) If the duties of the trustee are substantially
differ from those in which the trust was created.
(2) the compensation is in accordance with the terms
the trust would be inequitable or unreasonably low or high.
(3) In exceptional circumstances ask for a fair
Relief.
(C) An order fixing or so more or less compensation
under subdivision (b) applies only for the futuremeasures taken
Administration of the trust after the order is made.
15681 If the unit trust is not set, the Trustee
Compensation, the trustee is entitled to compensation
under the circumstances.
Answer the question, we must find out what the trust
Tool says. If it is silent, then Section 15 681 tells us that
The compensation is considered "reasonable compensation under the
Circumstances. "
What is reasonable undercircumstances? If I,
I would like to collect brochures on individual bank trust
Services, in order to determine their prices. Where I
live, the fee is 0.75 to 1.20%% depending on the size of
Trust and the type of activity. The minimum is $ 5,000.
So it seems that the answer to this question is that if the
A trust instrument says that the former Trustee entitled to 10%
Compensation, then they can be. However, if not then the '
Amountcharge must be reasonable.
And even if the instrument of trust, 10% said, I would seriously
to see if they have a court to change compensation
15680 (b) (2) that the judge can change compensation
"Where damages are awarded in accordance with the terms of the trust
It would be inequitable or unreasonably low or high. "
This article must continue, because it could also be
touches the large m * ney m * ker for trustees and lawyers,
"Extraordinary expenses".
Good luck and until next time,
Phil Craig
PS Feel free to send it to all my friends.
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http://www.LivingTrustSecrets.com
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Trust Tax: How much is enough and how much is too much?
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