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#1 kdevalle

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Posted 02 April 2012 - 07:40 AM

I am the beneficiary to a trust in California and received a preliminary distribution of approximately 85% of the funds in Dec. 2010.  The trust atty. & successor trustee are not disbursing the final 15% and say that they need to keep it in case of IRS taxes.  How long can they reasonably hold on to those funds? What if anything can I do to have them distribute the balance?


#2 Fallen

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Posted 02 April 2012 - 07:58 AM

"How long can they reasonably hold on to those funds?"

As long as you let them, I suppose.


"What if anything can I do to have them distribute the balance?"

Ask a court to order them to distribute the trust and close it out (assuming that's what its terms dictate).



#3 pg1067

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Posted 02 April 2012 - 08:23 AM

http://forums.prospe.../0/5/quote.icon); PADDING-BOTTOM: 5em; LINE-HEIGHT: 1.5em; BACKGROUND-COLOR: #f5f5f5; FONT-STYLE: italic; MARGIN: 0.5em; PADDING-LEFT: 65px; PADDING-RIGHT: 40px; BACKGROUND-REPEAT: no-repeat; BACKGROUND-POSITION: 39px 9px; COLOR: #666; FONT-SIZE: 90%; PADDING-TOP: 0.5em" class="ptMsgQuote">kdevalle said...

How long can they reasonably hold on to those funds?

As long as is reasonably necessary to allow for reasonable certainty that the IRS and FTB will not take issue with the tax returns filed to date.  Have you asked the trustee and/or his/her attorney when they believe the remaining amounts will be distributed?  If not, why not?  If so, do you believe the response you received to be unsatisfactory?


http://forums.prospe.../0/5/quote.icon); PADDING-BOTTOM: 5em; LINE-HEIGHT: 1.5em; BACKGROUND-COLOR: #f5f5f5; FONT-STYLE: italic; MARGIN: 0.5em; PADDING-LEFT: 65px; PADDING-RIGHT: 40px; BACKGROUND-REPEAT: no-repeat; BACKGROUND-POSITION: 39px 9px; COLOR: #666; FONT-SIZE: 90%; PADDING-TOP: 0.5em" class="ptMsgQuote">kdevalle said...

What if anything can I do to have them distribute the balance?

File an action with the superior court.  Of course, you might be unsuccessful and, even if you are successful, your action might cause the trust to incur attorneys fees that will reduce the retained assets (possibly down to zero).



#4 kdevalle

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Posted 02 April 2012 - 09:53 AM

What is considered  a reasonable time to wait for the IRS and FTB to take issue with a return? I was told that they would wait till tax time
(April, 2012) this year but now they are stalling again.


#5 kdevalle

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Posted 02 April 2012 - 09:37 AM

What is considered  a reasonable time to wait for the IRS and FTB to audit a trust return? I was told that they would wait till tax time (April, 2012) this year but now they are stalling again.


[This post has been moved to the appropriate discussion. - Moderator]


#6 Fallen

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Posted 02 April 2012 - 09:46 AM

Please file follow-ups as an answer/reply to existing thread vs. as a separate new "question".

#7 Tax_Counsel

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Posted 02 April 2012 - 05:18 PM

The trustee will want to hold those funds until it gets a "clearance letter" from the IRS that indicates the IRS is satisfied that there are no obligations the trust will have the IRS. It takes about 9 months in the usual course to get one after the trustee applies for it if the IRS has no issues to pursue. The earliest I'd expect the application to be made is after the 2010 return had been filed by the trust.





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