Laws, Regulations & Annotations

P

625.0000 PARENT-CHILD TRANSFER

Annotation 625.0201

625.0201 Trusts. A trust distribution is within the parent-child exclusion where a trustee's statutory powers are not limited by the trust instrument, the trust instrument requires distribution to children in equal shares, and the trustee encumbers the trust real property after the trustor's death for purposes of distributing the real property to one child subject to the encumbrance and cash in an amount equal to the equity in the real property to the other child. C 9/10/1996.

Note: Amended to remove the C 3/14/2000 correspondence. Valuation should be done at date of death (i.e., when the trust becomes irrevocable). The 3/14/2000 letter isn't focused on that and does not address the discrepancy between the date of death value and the date of distribution value. While this discrepancy could be reconciled, it is confusing exactly what it is saying.