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 1099-C?
Video Summary
What is a 1099-C? It’s an IRS form which is completed by a lender whenever they forgive debt of a borrower. Usually, a 1099-C is issued whenever you have a short sale, meaning that you sell the property for less than the amount of money owed. The difference, if the lender forgives it, is shown on the 1099-C, which is reported through the Internal Revenue Service as income. And if you receive a 1099-C, you need to contact a knowledgeable certified public accountant. You will not necessarily have to pay taxes, and you will be able to subtract your basis if it’s investment property from whatever gain the lender has reported under the 1099-C.
If it has to do with your primary residence, and you get a 1099-C, you may not have to pay any tax likewise, and as an individual you can exempt up to $250,000.00 of gain as far as the sale of your home if you’ve lived in the home for two out of the past five years. Also, if it was the original mortgage and you did a short sale there’s some federal legislation that may also excuse the issuance of a 1099-C. I would also add that many times on a short sale, the lenders don’t necessarily issue 1099-Cs. So if you do get a 1099-C, I suggest that you consult with a knowledgeable certified public accountant and ask them how much you’re going to have to pay or recognize as income.
And if you have any other questions about 1099-C, give me a call at 847-2288. Thank you.

