WHERE DOES YOUR TRUST LIVE?
There is a wide variety of trust laws and fiduciary income tax laws among the states and the District of Columbia. Given our mobile society, estate planning professionals need to be cognizant not only of the trust laws and income tax laws that apply to a trust now but also the fact that different laws my apply in the future. The most important relevant considerations include:
- Difference between “principal place of administration” and “resident trust”
- Whether a state's imposition of trust income tax is subject to challenge
- Selecting or determining a trust’s governing law and situs
- Mechanics of establishing trusts in a jurisdiction or moving to another jurisdiction
Charles A. Redd
Charles A. ("Clary") Redd is a partner in the St. Louis office of Stinson Leonard Street LLP. Clary concentrates his practice in estate planning, estate and trust administration and estate and trust-related litigation. He is an elected member of The American Law Institute, a Fellow of The American College of Trust and Estate Counsel and an Adjunct Professor of Law at Northwestern University School of Law. He also serves as Co-Chair of the Editorial Advisory Board of, and writes a regular column in, Trusts & Estates magazine. He is listed in The Best Lawyers in America and is nationally ranked by Chambers USA in its “Wealth Management” category.
Turney P. Berry
Turney P. Berry is a Member of the Executive Committee and the Chair of Wyatt, Tarrant & Combs’ 22 lawyer Trusts, Estates & Personal Planning Service Team. Turney is a Fellow of the American College of Trust and Estate Counsel and the American College of Tax Counsel, a Uniform Law Commissioner and member of the Joint Editorial Board for Uniform Trust and Estate Acts, a Trustee of the Southern Federal Tax Institute and a member of the Advisory Council of the Heckerling Institute on Estate Planning as well as a Member of the Advisory Board of Trusts and Estates Monthly and a Vice-Chair of the Charitable Planning section for the ABA Section of Real Property, Trust and Estate Law. He is listed in Woodward/White’s The Best Lawyers in America®.