Legal Question in Wills and Trusts in California

Does anyone have any suggestions for handling the GST tax and the changes to the step up basis for estate plans as they relate to the tax law changes for next year and going forward? Should a trust have provisions dealing with the GST now or should the trust be amended depending on what changes are made to the law?


Asked on 8/20/10, 5:45 pm

1 Answer from Attorneys
Aimee Morris

I assume that you are asking your question about a revocable trust created in California. In the trusts that I draft, I do not include language about the GST tax so that the trust does not need amendment from year to year.

What I do have in the trust is language for the successor trustee to divide the trust into two separate trusts should the need arise at the time of death in order to take advantage of the laws in effect at the time of death.

For more information, please call Aimee Morris at 619-991-0548.

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Answered on 8/27/10, 11:31 am


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