Mitchell R Miller

I have worked on several trust disputes that could have been avoided or reduced if the trust creation had been done with more forethought.

First, let me say that these are NOT cases in which I prepared the trusts. These are cases in which trusts were prepared by others and then brought to me after the original trustee was deceased.

What is especially upsetting about the recent trust disputes I have seen is that several of these issues caused huge fights among family members. Surely the deceased relative did not wish to start family feuding.

Remember that creating a trust has as its main purpose preventing or reducing major complications and costs upon your death. Thus, if your trust does not meet the needs of your specific situation, you may not have achieved this.

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Multi-national families have numerous issues associated with Nonresident Alien Parents who are considering transferring their wealth to their U.S.-resident children. The Nonresident Alien Parents’ goal is to pass the assets to the children when the surviving parent dies, and ensure that successive wealth transfers to future generations are made without U.S. estate tax, or generation-skipping transfer tax while minimizing U.S. income tax on investment income.

Residence of a Trust

A trust will be considered domestic if:

(i) a U.S. court can exercise primary supervision over trust administration (the “Court Read More