Klenk Law

Tag: Beneficiary

Does Theft Disqualify A Beneficiary From Inheriting?

Posted on Tue Aug 30, 2016, on Estate Litigation

Ask a Question” mailbag: Isn’t it true that theft from estate disqualifies beneficiary from inheriting from that estate? “As the executor of my mother’s estate I was able to prove that my brother stole from my mom. The judge ordered him to return the money. My mother’s Willdivides the assets between all the children equally. Is my brother disqualified from inheriting his share?”

Tax Considerations of Revocable Trusts

Posted on Mon Aug 20, 2012, on Estate Planning

A revocable trust, or its more popular name a “Living Trust”, is an increasingly popular estate planning tool. The Living Trust serves many useful purposes, but many people are told that one purpose is to reduce taxes. This is not true. A Revocable Trust does not reduce income taxes, estate taxes, gift taxes, generation skipping taxes or inheritance taxes. In short, there is no tax advantage gained by a Living Trust. If someone is trying to sell you on the idea of forming a Revocable Trust based on tax savings, run away!

Some trusts do create various tax benefits. So why does a Living Trust provide no tax benefit?

Important Information Pennsylvania Trustees Must Know about the Notice Requirement Imposed by the Pennsylvania Uniform Trust Act

Posted on Fri Apr 20, 2012, on Trusts

As of November 6, 2006, the Pennsylvania Uniform Trust Act imposes a duty on trustees to inform trust current beneficiaries about the existence of a trust and the current beneficiaries’ rights to receive certain information on the trust. These notice requirements for Pennsylvania trustees are dependent on specific triggering events*. A current beneficiary is a person at least 18 years old to or for whom income or principal of a trust must be distributed currently or a person at least 25 years old to or for whom income or principal of a trust may, in the trustee’s discretion, be distributed currently.

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