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Can the alternate valuation date be used on an estate if the assets have been distributed to the beneficiaries?
Under IRC 2032, the alternate valuation date in your example would be the date the assets were distributed to the beneficiaries. The AVD is the date that the property is "distributed, sold, exchanged, or otherwise disposed of within 6 months after the decedent's death" or if the property was not "distributed, sold, exchanged, or otherwise disposed of within 6 months after the decedent's death," the AVD is the 6 month date and the resulting value. Robin Rose Stiller, Esq. OSBA Certified Specialist, Estate Planning, Trust and Probate Law Smith and Condeni LLP 600 E. Granger Road, Second Floor Cleveland, OH 44131 (216) 771-1760 (voice) (216) 771-3387 (fax) (216) 574-2052 (direct dial) RobinS@smith-condeni.com IRS Circular 230 Disclaimer. In accordance with IRS Circular 230, the content of this communication or any attachment is not intended or written to be used, and it cannot be used for the preparation of a tax return, to avoid tax penalties, or to promote, market, or recommend any action. Confidentiality Notice. The information in this e-mail and any attachments is confidential and may be privileged or protected by other rules including, but not limited to, the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521. Access to this e-mail by anyone other than the addressee(s) is prohibited. If you are not the intended recipient, you are not authorized to and therefore must not disclose, copy, distribute, use or retain this or any part of this message. If you receive this message in error, please notify the sender immediately by reply e-mail or by telephone and delete this message and all attachments from any place where this information may be stored.
What else can I help you with?
What is the time limit to probate a will in Alabama?
After a person dies with a will and the estate is probated how long does the executor have to wait until assets are distributed to the beneficiaries?
What happens to the assets in a trust in the event of the death of the holder?
When the holder of a trust dies, the assets in the trust are typically distributed according to the instructions outlined in the trust document. This may involve transferring the assets to beneficiaries or managing them in a specific way as specified by the trust.
What happens when there is no named beneficiary to a bank account?
It becomes an asset of the estate. It will be inventoried with the other assets. It can then be used to pay debts and then distributed to the beneficiaries per the will or the intestacy laws.
What is distribution in kind?
Distribution of asssets "in kind" generally means that the asset itself is distributed to a beneficiary as opposed to the asset being sold with the cash being distributed. An example is where an estate has physical assets like stock certificates or real estate. The beneficiaries can normally request that they get the certificates or property (in kind) or that those assets be sold by the executor with the cash being distributed.
Can an executor decide the distribution of assets among beneficiaries in a will?
Yes, an executor is responsible for distributing assets according to the instructions outlined in the will. They must follow the wishes of the deceased as specified in the will when distributing assets to beneficiaries.
How does an estate adminstrator buy out other beneficiaries?
The estate has to be completely inventoried. Then an independent appraiser has to provide a valuation of the assets. Once that is done, the executor can reach an agreement with the other beneficiaries. At that point he can petition the court with a buyout offer. If there is any feeling of something being inappropriate, consult a probate attorney.
What is rest residue and remainder of your property of any kind and nature?
Rest residue and remainder refer to the portion of one's property, assets, or estate that remains after specific gifts or bequests have been distributed according to a will or trust. This typically includes assets that were not explicitly designated for a particular recipient. It ensures that all belongings are accounted for and properly distributed among beneficiaries.
What rights do the residuary beneficiaries of an estate have?
The residuary beneficiaries of an estate are entitled to receive the balance of an estate after assets are distributed and all obligations are paid. For example, if a will specifies that one primary beneficiary is due $5,000,000 from the corps of an estate, the residuary beneficiary will receive the remaining balance after attorney fees, estate taxes, and other charges are withdrawn.
What do contingent beneficiaries mean and how do they impact the distribution of assets in a will or insurance policy?
Contingent beneficiaries are individuals who receive assets from a will or insurance policy if the primary beneficiary is unable to do so. They impact the distribution of assets by providing a backup plan in case the primary beneficiary cannot inherit the assets.
After a person dies with a will and the estate is probated how long does the executor have to wait until assets are distributed to the beneficiaries?
They have to wait until the debts are settled. That may be as short as about 4 months. It can take years on a really complex estate.
Does life insurance money have to be paid on credit card debt when a person passes away and it has a designated beneficiary?
Yes, the deceased's assets will go towards paying off their debts, before the remainder is distributed to the beneficiaries.
What is the difference between probate assets and non-probate assets?
Probate assets are part of a deceased person's estate that go through the probate process, while non-probate assets pass directly to beneficiaries outside of probate. Probate assets include property solely owned by the deceased, while non-probate assets include assets with designated beneficiaries or joint ownership.
