Changing the Situs of a Trust

This book covers suggested clauses for both inter vivos and testamentary instruments and examines court reactions to a petition for change when the trust instrument does not specifically give one.
Publisher: ALM
eBook :epub
$444.00
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ISBN: 9781588522030
Publisher: ALM
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Book Edition: 30

Product details

This eminently practical deskbook will help you achieve considerable savings of income, property, gift and death taxes—even without an actual change of situs. Changing the Situs of a Trust includes suggested clauses for both inter vivos and testamentary instruments and examines court reactions to a petition for change when the trust instrument does not specifically provide for one. In addition, You'll find the full text of every state statute regarding situs changes, as well as an analysis of the key provisions of leading states and the Uniform Probate Code, the Uniform Trust Code, and the revision of the Uniform Partnership Act (including provisions governing applicable LLPs). This thorough volume also features extensive coverage of foreign and domestic asset-protection trusts, the international governance of trusts, U.S. tax treatment of transfers to foreign trusts and recognition of gains, departures from the traditional New York view of when a situs may be changed, the Alaska Trust, and revisions to the California Probate Code.

Table of Contents


Chapter 1: Non-Tax and Tax Considerations

Chapter 1A: Legal Problems of Multi-Jurisdictional Trusts

Chapter 2: Change of Situs When Statute and Trust Instrument Are Silent: Decisional Law

Chapter 3: Change of Situs States, the Uniform Probate Code, and the Uniform Trust Code

Chapter 4: Eligibility of Out-of-State and Foreign Trustees

Chapter 5: Discontinuity: When Change of Situs May be Deemed a Termination

Chapter 6: The Impact of State Income and Property Taxes on Change of Situs of a Trust

Chapter 7: The Impact of State Gift and Death Taxes on the Change of Situs of a Trust

Chapter 8: Change of Tax Impacts Without Changing Situs

Chapter 9:Change of Situs Clauses for Wills

Chapter 10: Change of Situs Clauses for Inter Vivos Trusts

Chapter 11: The Recognition of Trusts in Non-Trust Jurisdictions

Chapter 11A: Foreign Trusts: U.S. and Foreign Beneficiaries

Chapter 12: Asset Protection Trusts for Foreign and U.S. Persons