Recent content by Frank nKansas

The advantage to me is to better understand what questions to ask. My experience with lawyers is that they will give me advice without explanation. I like to know what questions to ask during the meeting. And I want to make sure the lawyer has all the facts they need to make an informed decision.

I am hoping that if the property remains in the trust and is sold by the trust, that the cost basis would be as of the day the inheritance occurred. The cost basis was higher than the selling price so I believe that means there will be no capital gains tax. But also if the property were to be...

I appreciate your comments! The sale of the property is being negotiated by "owner B" on behalf of the rest of us. Owner B is not a beneficiary of the Trust. I am just wanting to ensure that I am doing all I should be doing so as not to impede the sale. My situation is that I am the Trustee...

Sounds promising. I had completed all the forms for the previous sales and transfers. But I just as soon not do all that stuff this time. Thanks for the support AJ !

Thank you. Currently, it seems the property may be sold next month. Won't be sure until it actually occurs. Yes the trust is now irrevocable. It has been for about 13 years now. Over the past 13 years, two or three real properties have been sold that were owned by the Trust and two real...

I apologize... I was not notified of responses. In response to questions asked of me, here are my responses: Yes. The property is owned by four owners: A (trust) - 50% B - 16.67% C - 16.67% D - 16.67% The trust was created by our parents. Both are deceased. I am the trustee, Portion 'A'...

Thank you AJ for the advice. I will proceed ahead carefully! Frank

An 8-acre parcel of land in California is owned by six individuals. Three of the individuals own half of the land equally split between them. The second half of the land is held in an inherited Trust with the remaining three individuals sharing the property within the trust equally. The land...

Thank you for refreshing my memory of the difference between the 1041 and 706 ! As I recall the need to file a 706 is based on the value of the estate. I don't think this estate has sufficient value to trigger the need to file a 706. And there probably is not a lot of income requiring the...

Thank you for your condolences and well wishes. A Trust to cover the estate has not been discussed because it will be dissolved. However, I realize that each sibling needs to have a Will and a Trust to cover their assets. It is unfortunate that the parents did not have a simple Trust. That...

All great information and explanations! The 1041 was not filed. And now that deadline is passed as is the time for extension. So, it would seem that if all goes well, we'd file the first and final 1041 at close of probate. We won't know what the total value of the estate after costs will be...

Thank you!! Makes sense. I figured the 709 would be in the picture, but I didn't know that a relinquishment would be considered a gift to 'E'. It would seem that each heir’s gift would become effective at the time when the Executor acknowledges receipt of each heir’s Disclaimer. (?)...

OK. Thanks again for confirming my fear. Per the Mississippi Disclaimer act effective July 2020: "One of the major changes of the Mississippi Disclaimer Act is abandonment of the nine‐ month deadline for disclaimers. A disclaimer still may have to be made within nine months of the decedent’s...

Thank you for the advice! All I knew to do was guess.

Thanks AJ for confirming my understanding. The advantage of Quit Claim Deeds is the property is given directly to the target heir -- increasing her portion to 80% if one heir does not comply. Whereas Disclaimers puts the property back into the estate resulting in 50% for each of the two...