Decanting Pre-ATRA Trusts

Posted on March 27th, 2013 at 12:54 PM

By: Robert L. Moshman, Esq.

Decanting a fine wine can enhance its flavor when done properly. Awaken the grapes and celebrate life! However, a wine decanting miscue can leave you with woe and sorrow, not to mention a sour taste, an expensive bottle that no one wants, the scorn of afficiandos and a decanter that needs to be washed out and put away.

Decanting assets from a trust can be equally tempting and rewarding, especially in the wake of the American Taxpayer Relief Act of 2012 (ATRA). However, there are many more considerations and variables than one might think. States have different statutory and common law parameters and the IRS may also have something to say about decanting from a trust.

Decanting Wine Looks Simple

Bonjour! Today we shall see that transferring funds from an existing trust to a new trust is as simple as decanting wine from a bottle to a decanter. Here’s how it works with wine.

Step #1: Open zee wine.

Step #2: Pour zee wine into zee decanter. Voilà!

No, no, no! Sacré bleu! Arrêtez s’il vous plaît! Wine connoisseurs are cringing at the previous instructions (and not merely at the faux français).

Decanting wine is both an art and a science. One doesn’t just oxygenate a Beaujolais the same way as a Lafite Bordeaux! Older wines are more fragile. There are crucial adjustments for age and origin. Every vintage is different.

And what of the sediment, Monsieur? There are surgeries less complex than the detailed procedures for positioning the
bottle, removing the cork, and pouring wine into a decanter. Temperature and timing are also critical. The stakes could not
be higher—channel one’s inner grape or you’ll end up drinking vinegar.

Decanting Trust Assets

The analogy of decanting wine is suitable to trust assets in that the process looks easy, but there are many details to consider...

Read the full PDF here

Tags:

Return to Archive

TESTIMONIALS

Previous
Next

You are the best attorneys in the country.

CC

LATEST NEWS AND ARTICLES

March 20, 2025
Stifel Loses Raiding Case, Ordered to Pay Over $7 Million in Legal Fees

Stifel Financial has lost its raiding and breach-of-contract claim against a group of advisors who left its Indianapolis office to establish their own firm.

March 19, 2025
FINRA Enforcement Actions in 2024: Fines Drop But Cases Increase

The Financial Industry Regulatory Authority (FINRA) imposed $59 million in fines in 2024, reflecting a 35 percent decrease from the previous year, according to an analysis by Eversheds Sutherland.

March 18, 2025
Advisor Ordered to Pay $17.7 Million Over unsuitable REIT Sales

A FINRA arbitration panel has ordered former advisor Mark Sam Kolta to pay nearly $17.7 million in damages, plus interest and costs, to his former firm, National Securities, following allegations of breach of contract and unjust enrichment.