Review the effect of limited power to add beneficiaries.
§2041 is the only provision that can bring a gift back into the donee spouse's estate if there is neither existence nor exercise of a non?general power of appointment. §2036 or §2038 can be an issue because the exercise of non?general power of appointment is not a transfer for the benefit of the donor spouse. This video reviews implied agreements where the trustee merely had the discretion to make distributions to the settlor and others, but in fact distributed all of the income to the settlor for his lifetime; and discusses modifications of trusts to change governing law to that of better state.
Agenda
Faculty
Les Raatz
Dickinson Wright PLLC
- Member of the law firm of Dickinson Wright PLLC in Phoenix
- Practices primarily in the areas of estate planning, probate and trust administration, divorce tax and asset planning, and entity structuring, and taxation
- Has significant experience representing thousands of business clients and their families in connection with estate and tax planning
- National author and speaker at numerous seminars on areas of income, estate and gift taxation, probate and trust issues, and selection of business entities, and has been engaged as an expert witness in numerous tax and estate and trust related matters
- Listed as Best Lawyers “Lawyer of the Year – Trust and Estates” in Phoenix for 2016, 2018 and 2020; also listed in Southwest Superlawyers in the fields of tax, estate planning & probate, estate & trust litigation and listed in Chambers and Partners - high net worth field
Gregory V. Gadarian
Gadarian & Cacy, PLLC
- Partner in Gadarian & Cacy, PLLC in Tucson, Arizona
- Has been admitted to the State Bar of Arizona and the State Bar of Florida
- From 1978 - 1980 he was a legislation attorney on the staff of the Joint Committee on Taxation, U.S. Congress
- Prior to that, he was an attorney-advisor to Judge Cynthia H. Hall of the U.S. Tax Court
- Former chair of the Fiduciary Income Tax Committee and former Arizona State chair of the American College of Trust and Estate Counsel, and is an adjunct professor at the University of Arizona College of Law
- L.L.M. degree in taxation, New York University; J.D. degree, cum laude, Northwestern University School of Law; B.A. degree, Northwestern University
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