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Subject Author Date
inheritance question mtb6748 01-28-2007
Posted by mtb6748 on January 28, 2007, 4:46 am
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My parents have a modest trust in which they are leaving
their 3 adult children some money. I am one of those and am
just about to start on a pay-back program with the IRS for
some back income taxes I owe. Seeing as how I owe back
taxes, can the IRS attach any of this inheritance when it
becomes available? Should I have my parents change their
will & trust to remove me from the trust and put my share
in a siblings name.

Thank You,
Mark

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Posted by Paul Thomas on January 28, 2007, 5:54 pm
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> My parents have a modest trust in which they are leaving
> their 3 adult children some money. I am one of those and am
> just about to start on a pay-back program with the IRS for
> some back income taxes I owe. Seeing as how I owe back
> taxes, can the IRS attach any of this inheritance when it
> becomes available?

Yes, they can, but generally won't if you are making your
payments. They may strongly suggest that you use those
funds to pay the tax debt.

> Should I have my parents change their will & trust to remove
> me from the trust and put my share in a siblings name.

You could do that, or when the time comes, you can disclaim
the inheritance. It'll flow down the same lines as-if you
had predeceased your parents.

Talk to their attorney who pulled the trust together about
that, as well as your tax problems.

--
Paul A. Thomas, CPA
Athens, Georgia

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Stuart A. Bronstein on January 29, 2007, 2:11 am
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>> My parents have a modest trust in which they are leaving
>> their 3 adult children some money. I am one of those and am
>> just about to start on a pay-back program with the IRS for
>> some back income taxes I owe. Seeing as how I owe back
>> taxes, can the IRS attach any of this inheritance when it
>> becomes available?

> Yes, they can, but generally won't if you are making your
> payments. They may strongly suggest that you use those
> funds to pay the tax debt.

Is that also true if it qualifies as a spendthrift trust
under local state law?

>> Should I have my parents change their will & trust to remove
>> me from the trust and put my share in a siblings name.

> You could do that, or when the time comes, you can disclaim
> the inheritance. It'll flow down the same lines as-if you
> had predeceased your parents.

To disclaim you must execute a qualified disclaimer within
nine months (or at least that's what it was the last time I
checked).

Stu

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Gil Faver on January 30, 2007, 11:31 am
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>> Should I have my parents change their will & trust to remove
>> me from the trust and put my share in a siblings name.

> You could do that, or when the time comes, you can disclaim
> the inheritance. It'll flow down the same lines as-if you
> had predeceased your parents.
>
> Talk to their attorney who pulled the trust together about
> that, as well as your tax problems.

yes, talk with an attorney. I don't know if you can do that
to avoid existing creditors. Also, "putting my share in a
siblings name" sounds different than "disclaiming the
inheritance". Sounds like you want your money, but to have
it held by a sibling in order to cheat your creditors.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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