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Kentucky Estates | Trust Administration

Many clients I work with have done a little bit of research about estate administration before we meet.  Often, they are surprisingly focused on "avoiding probate." This is such a common part of the client mind map that I think it's worth examining myths and realities of avoiding probate in Kentucky. Myth: Probate is expensive, so [...]

It's not uncommon for an old irrevocable trust to no longer fit a family's circumstances, for the simple reason that Yogi Berra was right when he noted that "It's hard to make predictions, especially about the future." Trusts provide advantages, including protection from creditors, divorce, or spendthrift behavior. To obtain these advantages, trusts place restrictions on a beneficiary's access to [...]

Even in an era of relatively high estate tax exemptions, I work with many families who want to use a trust to provide for the management of a child's inheritance. How a son in law or daughter in law should be treated in a parent's estate plan, though, is a more subtle issue that families [...]

The popular financial press is pretty crowded, just like the blogosphere. Yet every once in a while, an article says something pretty simple that's also really important, something that connects strongly with issues we see time and again in our practice. Last week, Howard Gold published that sort of piece on Marketwatch.com: "The biggest retirement [...]

A decade ago, when the estate tax exemption was much lower, the irrevocable life insurance trust (or "ILIT") was a component of many (or even most) tax-aware estate plans. It was common for physicians, attorneys, architects, engineers, and corporate executives to have insurance trusts, without necessarily knowing why that was so. Reassured by their attorneys [...]

Good news, T&E Community, particularly for fiduciaries: 2009 investment advisory fees charged to nongrantor trusts or to estates continue to be fully deductible without regard to the two percent floor under section 67(a) of the Code. IRS Notice 2010-32 extends the interim guidance provided in Notice 2008-116 and Notice 2008-32 regarding investment advisory costs subject to the [...]

KYEstates issued a high-stakes challenge here in our discussion of the taxpayer FLP win in Estate of Petter v. Comm’r, T.C. Memo. 2009-280, 2009 WL 4598137 (U.S. Tax Ct. 2009).  We said: Count not your day a loss: you have now read the phrase glommed onto in a Federal court's opinion.  Find that phrase in another [...]

A recent post on The Trust Advisor Blog (courtesy of Wills, Trusts & Estates Prof Blog) discusses this regrettably timely question: "What happens to trust accounts held by a bank fiduciary when the bank trustee fails?" The good news is that no federally insured financial institution with the legal power to operate as a trust [...]

In welcome news for the Kentucky T&E Community, HB 188 passed the Senate unanimously yesterday.  (Status update here.)  KYEstates encourages Governor Beshear to sign the bill.  We're on the verge of some welcome improvements to Kentucky's probate laws.  (Thanks to Jim Worthington for alerting KYEstates to this good news.)  For detailed coverage of HB 188's [...]

We're 36 days into the 60-day 2010 Regular Session of the Kentucky Legislature that began on January 5.  (For the legislative calendar, click here.) It's a good time for Kentucky Estates to begin reporting on the status of some of the bills that are relevant to our readers. After failing to pass both houses in [...]

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