Should I Have a Revocable Trust?
Video Summary
Should I have a revocable trust? Well, many people contact me and ask about having a revocable trust prepared, and I always ask them, “Why do you want a trust?” And the usual answer is, “Well, we wish to avoid probate.” If you have a functional family wherein you’re still on your first marriage and you want your inheritance to simply go to your children, then I don’t usually recommend a revocable trust for the purposes of avoiding probate, since if you hold property as husband and wife then you avoid probate when the first person passes away. If you’re by yourself, however, then you may want to consider drafting a revocable trust.
There are also other circumstances such as second marriages or if you have a child that has special needs that you need to set up a trust for. Also, if you have a child that has a spending problem, cannot manage money, we can set up a trust to protect whatever inheritance you leave behind. Also, something that we’re seeing more and more is grandparents want to provide for their grandchildren. Possibly their children already have enough money or they want to take care of their grandchildren, since they don’t know whether their children will be able to take care of the education of their grandchildren. So there are any number of reasons to set up a revocable trust.
Whether you need a trust or not, or whether you should set one up depends upon your circumstances. So if you’d like to come in and talk about setting up a revocable trust, give me a call at 727-847-2288. Thank you.
What is a Tax-Deferred Exchange?
Video Summary
What is a tax-deferred exchange? A tax-deferred exchange is also called a 1031 tax-deferred exchange, and 1031 is a section of the Internal Revenue Service that identifies investment property. The exchange aspect of it is if you exchange one piece of property of equal or greater value than the value of the property that you have, you don’t have to recognize any gain. You cannot accept any boot, and the amount of the liens or encumbrances on the property have to be equal or you have to have less equity in your property than the property that you’re acquiring as well as the purchase price being higher.
Now, the Internal Revenue Service has promulgated various regulations and rules as to how you can sell your property, and if you deposit the money with what they call an intermediary, you can then have a certain time period to select the property and you can select up to three properties and close on them within a six-month period. There are also other provisions as far as you can select as many as ten properties, but there are specific rules that you must follow in order to take advantage of a tax-deferred exchange.
If you have any questions about handling a 1031 tax-deferred exchange, give me a call at 727-847-2288. I’ll be happy to assist you. Thank you.
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