4th DCA 2016), highlights the uncertainty in Florida law over the proper party to bring a cause of action for the return of assets transferred by the decedent prior to the decedent's death or inter vivos transfers
Bequests differ from inter vivos transfers
in requiring advance planning, a formal legal document, and no opportunity for reciprocal benefit at a later date (Hurd 2009).
2011-209 (Turner I), the Tax Court originally held that the decedent's inter vivos transfers
of property to a family limited partnership (FLP) had to be included in his gross estate under Sec.
In Council, the 27 are having a hard time agreeing on the question of inter vivos transfers
in the event of death of the donor ( clawback').
of Arkansas) collect cases and statutory material, supplemented by explicatory text, in order to explain the federal and state law of inter vivos transfers
and planning options and other issues of death and wealth transfer in the United States.
However, in the case of inter vivos transfers
in trust, allocation of the GST exemption is postponed until the end of an estate tax inclusion period (ETIP) (see Q 952).
His results point to the general need to develop a better understanding of the factors which motivate inter vivos transfers
Property was transferred or distributed to a spousal trust, by way of an inter vivos transfers
by individuals as it read before 2000 (subsection 73(1)) or a spousal trust described in subsection 73(1.
To thwart this tactic, statute drafters enacted a coordinated estate-gift tax on testamentary transfers; transfers at death were combined with a tax on inter vivos transfers
(gifts made while alive).
Thus, the probability of inheritance, the probability of inter vivos transfers
, and the probability of receiving financial support were proxies for net worth and income.
The authors find that households experiencing larger declines in the expected tax disadvantages of bequests substantially reduced their inter vivos transfers
relative to households experiencing small declines in the tax disadvantages of bequests.
Racial differences in rates of return, inter vivos transfers
and inheritances, and savings behavior could all underlie the race difference in wealth models and contribute to the part of the wealth gap not explained by income and demographics.