Articles Tagged with brooklyn trust law

There are three main types of trusts for special or supplemental needs. Each has their own specific purpose and use, and will apply differently for every party.

First Party Special Needs Trusts

The first party special needs trust was developed to be funded with assets owned by the trust beneficiary in order to help them qualify for government benefits. This type of trust is usually established when the intended beneficiary is about to receive either a lawsuit settlement, inheritance from an estate, a large gift, or assets, that would disqualify him from receiving supplemental security income. Supplemental security income has a qualifying threshold that the beneficiary must meet; the individual cannot possess personal assets that equal over $2,000.

SEEMINGLY COMPLICATED

The Generation skipping transfer tax seems complicated to understand and it absolutely should only be dealt with by a seasoned professional, but there are some hallmarks that are present in each such transaction so that individual taxpayers know when the tax will apply and can follow a general conversation about the topic. To begin with, the name may seem a bit confusing at first. The skipping that the name refers to is the tax that would (should according to some lawmakers and IRS officials no doubt) be incurred when a second generation passes on the inherited asset.

The generation skipping transfer tax was first introduced in 1976 to avoid what Congress saw as an avoidance of the estate tax by wealthy families that could afford to hire attorneys to create complicated, long term trusts that avoided the estate tax. The net result was that less wealthy, middle class families were paying a disproportionate share of the estate taxes; in other words, those who could least afford it were paying more of the tax. The generation skipping transfer tax in its current incarnation creates tax liability anytime a transfer of an asset or money is transferred more than one generation from the grantor or to someone who is at least 37.5 years younger.

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