INSIDE THIS ISSUE

TRUSTS & ESTATES QUARTERLY

PROPOSALS FOR INCOME AND GRATUITOUS TRANSFER TAX LAW REFORMS, A COMBINED ANNUAL MARK-TO-MARKET AND WEALTH TAX, AND A UNIFORM STATE FIDUCIARY INCOME TAX LAW
By Richard S. Kinyon, Esq.
Good tax policy relating to estate planning and estate trust administration should be based on parallelism or correlation between federal income and gratuitous transfer (estate, gift, and generation-skipping transfer) tax laws, and between federal and state income and gratuitous transfer tax laws. The author explains how the policy should be reflected in comprehensive general rules and limited exceptions to those rules, and proposes tax reform to accomplish these results.
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THE REVOCATION ROADMAP: HOW TO NAVIGATE PRESUMPTIONS OF WILLS
By Julie R. Woods, Esq.
The California Probate Code outlines the showing a petitioner must make before the court to successfully admit a decedent’s last will to probate. This article is designed to guide the proponent (or opponent) of a will through the windy road of presumptions, burdens, and other evidentiary standards on the way to a final determination by the court.
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RISK MITIGATION STRATEGIES FOR THE SUCCESSOR TRUSTEE
By Herbert A. Stroh, Esq. and Josh Yager, Esq., CFP
Few successor trustees have the time, interest, or training to manage the complex responsibilities required of a trust administration. This article discusses the key risk mitigation strategies that, if adopted, should reduce the trustee’s personal risk.
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