However, to receive this favorable tax treatment, a trust must qualify as a liquidating trust.Without the benefit of insurance, a challenge to a trust’s status could lead to the diminution in value of the trust assets, or worse, if the challenge is made after funds have been distributed, there may not be sufficient trust assets to defend such challenge, or pay any tax, interest or penalties, and the practical recovery of funds from beneficiaries may be difficult.If you created the trust and it was revocable until your death, the trustee needs the value of all your assets, including the value of trust property, to find out if its total value exceeds the estate tax exemption, which is ,250,000 as of 2013.
Adding to the concern of trustees is the fact that, by its nature, the trust is designed to liquidate and distribute all of its assets.
As a result, while virtually all agreements governing such liquidating trusts contain indemnification and protecting the trustee except in the case of fraud or gross negligence, the trust may ultimately lack the financial wherewithal to support such provisions.
Law360, New York (July 20, 2011, PM EDT) -- The trustee for the bondholders' liquidating trust of bankrupt broadband provider At Home Corp. At Home declared bankruptcy in September 2001 and the trusteeship was created in 2002. Financial Services Law360 UK and Insurance Law360 UK provide breaking news and in-depth analysis on U. and European Union regulation, enforcement, legislation, and litigation involving banks, investment firms, insurers, and more.
in New York on Tuesday over their alleged infringement of four patents for Internet Protocol television. Williamson of Flemming Zulack Williamson Zauderer LLP, is tasked with recovering assets for investors in the now-defunct At Home's debt.
You have to sign it and, depending on state law, you may have to have it notarized or witnessed.