Inter vivos transfers
to grantor trusts are subject to gift taxes, as with nongrantor trusts.
The impending risk of such future expenditures may lead parents to save/hold on to assets and self-insure, resulting in large bequests should they not need care (Lockwood 2014), or the use of bequests and/or inter vivos transfers
to compensate children who provided needed care (Fahle 2015b; Groneck 2016).
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
. The Parker court follows a long line of cases that have allowed the decedent's children and family members, individually, to bring claims to overturn pre-death transfers by the decedent.
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.
I find substantial change across periods in recipiency, large differences across children within the family, and a strong negative correlation between inter vivos transfers
and the transitory incomes of the recipients.
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).
presently exists an incentive to make inter vivos transfers
His results point to the general need to develop a better understanding of the factors which motivate inter vivos transfers
. He identifies the fact that parents whose children are liquidity-constrained may favour them over bequests which would accrue when the children are older.
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(1.01);