COMPARISON BETWEEN TRANSFERS TO CHILDREN’S TRUSTS AND TRANSFERS TO INDIVIDUALS
by: Begley Law Group
by Thomas D. Begley, Jr., CELA
The following chart compares the advantages and disadvantages of an outright transfer of assets and putting assets in a Children’s Trust.
Trusts v. Transfers Comparison | ||||
Issue | Children’s Trusts | Individuals | ||
Look-Back | Five Years | Five Years | ||
Control | None | None | ||
Risk Avoidance | Yes | No | ||
Estate Recovery | Maybe | No | ||
Income Tax | Parent | Children | ||
Gift Tax | Maybe | Yes | ||
Step Up in Basis | Yes | No | ||
Principal Residence Exclusion | Yes | No | ||