How to Handle Clients with Estate Tax Issues: A Financial Planner’s Guide

If you practice in parts of the United States where wealth is more concentrated, such as New York, L[..]

John A. Hartog named to Best Lawyers in America for 2020. Recognition is based on peer review by leading lawyers in the Trusts & Estates practice in Northern California. As noted on the Best Lawyers website, “Best lawyers know who the best lawyers are.”

It’s critical that the couple understand and adhere to the rules governing their acts. Married clients often establish a Family Trust to control the disposition of their assets During their lifetimes, clients may transmute (that is, change the form of) property, whether from separate to community, from community to separate or from the separate property of one spouse to the separate property of the other spouse. A transmutation isn’t valid unless made in writing by an express declaration that’s made, joined in, consented to or accepted by the spouse whose interest in the property is adversely affected. The writing must contain language that expressly states that the characterization or ownership of the property is being changed.