Tax issues loom large in trusts & estates litigation, especially when the estate tax is in play. So on Monday, September 14, 2009, I'm teaching a 90-Minute National Teleconference entitled Tax Issues in Trust and Probate Litigation [click here for seminar materials].
In this seminar we'll examine how an awareness of the tax issues lurking in the background of almost every contested proceeding can be leveraged to maximum advantage for all concerned. Click here to sign up. I hope you can join me.
The written materials for this seminar [click here] include a copy of the Mediation Settlement Agreement discussed in Private Letter Ruling 200844010, in which the IRS ruled that if you split a single "QTIP" marital trust into five separate sub-trusts and then terminate just one of those sub-trusts, IRC § 2519 is triggered only with respect to the terminated sub-trust [see also here for related commentary on this case/ terminating a marital trust that's been QTIP'd]. The significance of this state of the art sample settlement agreement is that it provides an excellent real-life example of how to elegantly navigate all the issues you need to both anticipate and deal with in any settlement agreement involving a termination of a marital trust that's been QTIP'd. This sample document alone is worth the price of admission.