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- Margie and her sister, Jan, each own half of the shares of a closely held business. Margie is concerned about what will happen to the business if Jan dies because Jean just married a man who Margie cannot stand. Jan is also concerned because, although Margie is currently single, she has children from a prior marriage who Jan feels are spendthrifts. Neither sister is ready to quit the business and retire. Neither sister is financially able to pay a gift tax or a capital gains tax. Which one of the following is the most appropriate business transfer technique for Margie and Jan to use in this situation? A) A private annuity agreement between the two sisters B) A cross-purchase buy-sell agreement between the two sisters C) An installment sale contract between the two sisters D) A preferred stock recapitalization of the businessYour client wants to purchase a residence for his aging parents, while minimizing the burden of ownership of the property for them and maximizing their enjoyment of it. Which one of the following states an advantage of titling the property in your client's name as sole owner rather than in joint tenancy with right of survivorship with his parents? A) The property will receive a step-up in basis when his parents die. B) The property will pass to his parents outside of probate. C) He will avoid gift tax liability by titling the property this way. D) His parents will have a life estate in the property if he predeceases them.Mallory would like to create an irrevocable trust for her children that will remove assets from her gross estate, but she is uncomfortable relinquishing all control of the property because her children are young and they may not prove to be financially responsible. She would like to be able to change the beneficiaries of the trust, perhaps to her grandchildren, or change the shares of each beneficiary in the event they waste their distributions. Will the retention of these powers affect the transfer to the trust? A) A transfer to an irrevocable trust will remove the assets from Mallory's gross estate regardless of any retained powers. B) The powers retained by Mallory are insufficient to create an incomplete transfer. C) The transfer would be incomplete only if Mallory retained the right to receive trust income. The power to change the beneficiaries or their shares is not a significant retained power. D) The retention of such powers will cause the gift to be…
- Mallory would like to create an irrevocable trust for her children that will remove assets from her gross estate, but she is uncomfortable relinquishing all control of the property because her children are young and they may not prove to be financially responsible. She would like to be able to change the beneficiaries of the trust, perhaps to her grandchildren, or change the shares of each beneficiary in the event they waste their distributions. Will the retention of these powers affect the transfer to the trust?Husband and Wife have two children and decide to divorce. Husband later remarries. He is concerned about his new wife inheriting his estate without sufficient assets being distributed to his two children. Which of the following trusts would be most appropriate to ensure the children receive sufficient assets from Husband's estate? A) A power of appointment trust that names the new wife as the sole income beneficiary and qualifies for the marital deduction, and the children as the remainder beneficiaries B) A revocable living trust that names the new wife as the income beneficiary with a general power of appointment, and the children as the remainder beneficiaries C) A testamentary trust that names the new wife as the sole beneficiary and states that it is Husband's wish for the new wife to distribute 10% of the assets to each child upon their 25th birthdays D) A qualified terminable interest property trust (QTIP) that names the new wife as the income…Henry and Rita disagree about how to manage their finances after their marriage, and their children are concerned about receiving their inheritances. Which of the following strategies would you recommend to address these issues? A) Have each spouse draft a will disinheriting the other B) Have Henry and Rita title all of their assets as JTWROS after they get married C) Have the families enter into a family settlement agreement D) Have Henry and Rita execute a premarital property agreement
- A married couple have written a will that leaves part of their money to a trust fund. The income from this trust will benefit the surviving spouse until death, with the principal then going to their children. Why was the trust fund created? To reduce the estate of the surviving spouse and, thus, decrease the total amount of estate taxes to be paid by the couple. To ensure that the surviving spouse is protected from lawsuits filed by the couple’s children. To give the surviving spouse discretion over the ultimate use of these funds. To maximize the earning potential of the money because trust funds generate more income than other investments.Ms. Gail Go created a trust in favour of her son, Wilson Go. He appointed Atty. Ramulo as a trustee. Mr. Denniz Ling also created a trust in favour of his mother, Mary Mr. Ling appointed Mr. Aguilar as trustee. Atty. Ramulo sold his business car to Mr. Aguilar at a loss. Can Atty Ramulo deduct the loss from the sale of the car? Briefly explain.Henry and Rita disagree about how to manage their finances after their marriage, and their children are concerned about receiving their inheritances. Which of the following would be a good strategy to allow Henry and Rita to agree on how their property is divided while they are living and also agree on the relinquishment of marital property rights when one of them dies? Henry and Rita should execute a premarital property agreement. Henry and Rita should title all of their assets as JTWROS after they are married. A) Neither I nor II B) II only C) I only D) Both I and II
- A married couple have written a will that leaves part of their money to a trust fund. The income from this trust will benefit the surviving spouse until death, with the principal then going to their children. Why was the trust fund created? Choose the correct.a. To reduce the estate of the surviving spouse and, thus, decrease the total amount of estate taxes to be paid by the couple.b. To ensure that the surviving spouse is protected from lawsuits filed by the couple’s children.c. To give the surviving spouse discretion over the ultimate use of these funds.d. To maximize the earning potential of the money because trust funds generate more income than other investments.As the legal representative of your sister's estate, you would like to prepare an optional return for income from rights or things. Which of the following sources of income would you not include on the rights and things return? a) Interest from a savings account at a chartered bank earned prior to death. Uncashed matured bond coupons. c) Harvested farm crops. b) Unpaid dividends declared before d) the day the person died but receivable after her death.Cara wants to make sure that her stock portfolio will not have to go through probate when she dies. She wants these stocks to go to her daughter, Jolene, but does not want Jolene to have any control of the stocks until Cara dies. Cara wants to continue having exclusive right to the income from the stocks until she dies. Cara does not want to pay any gift tax. Which one of the following is the most appropriate form of will substitute for Cara to use? A)Place the stocks in joint tenancy with right of survivorship with Jolene B)Place the stocks in an inter vivos irrevocable trust C)Give Jolene a general power of appointment over the portfolio D)Name Jolene as the transfer on death beneficiary of the portfolio