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A Guide to Trust DecantingA Guide to Trust Decanting

When to consider this strategy and the potential tax consequences

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Peter J. Melcher, Robert S. Keeblerand 1 more

April 28, 2015

22 Min Read
A Guide to Trust Decanting

Decanting is the act of distributing the assets of an old trust to a new one with more desirable terms. It provides an easy method for correcting errors or ambiguities, adapting a trust to changes in a settlor’s objectives or changes in a beneficiary’s circumstances, taking advantage of new planning opportunities or adding flexibility to a trust. 

 

Reasons to Decant

Decanting can be used to improve a trust in numerous ways. 

Correcting drafting errors or clarifying ambiguities. These are the most basic reasons for decanting. Older trusts without trust protectors are now easy to fix by decanting into a new trust with the desired provisions.

Expanding the trustee’s decision-making authority over principal and income. Trust income that’s retain...

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About the Authors

Peter J. Melcher

Peter J. Melcher, MBA, JD, LLM-- is a consultant with Keebler & Associates, LLP where he focuses on estate planning, income tax planning for high net worth individuals, transactional tax planning for businesses and Ponzi scheme losses. He is a tax planning columnist and frequent contributor to national tax journals. Prior to joining Keebler & Associates, Peter served as an editor at CCH, Inc., an executive compensation consultant at HayGroup and as an estate planning manager at Grant Thornton.

[email protected]
414-421-4992

Robert S. Keebler

Robert S. Keebler, CPA, MST, AEP (Distinguished) is a partner with Keebler & Associates, LLP and is a 2007 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planners & Councils.  He has been named by CPA Magazine as one of the Top 100 Most Influential Practitioners in the United States and one of the Top 40 Tax Advisors to Know During a Recession.  His practice includes family wealth transfer and preservation planning, charitable giving, retirement distribution planning, and estate administration. Mr. Keebler frequently represents clients before the National Office of the Internal Revenue Service (IRS) in the private letter ruling process and in estate, gift and income tax examinations and appeals, and he has received more than 150 favorable private letter rulings including several key rulings of “first impression”. He is the author of over 100 articles and columns and is the editor, author or co-author of many books and treatises on wealth transfer and taxation.  Mr. Keebler has recently been quoted in The New York Times in an article titled: “The 1040 Blues” where he provided insight on capital gains tax.  Mr. Keebler has been a speaker at national estate planning and tax seminars for over 20 years including the AICPA’s: Estate Planning, High Income, Advanced Financial Planning Conferences, ABA Conferences, NAPEC Conferences, The Notre Dame Estate Planning Conference and the Heckerling Estate Planning Institute.

Steven J. Oshins

Steve Oshins is a member of the Law Offices of Oshins & Associates, LLC in Las Vegas, Nevada. He is rated AV by the Martindale-Hubbell Law Directory and is listed in The Best Lawyers in America. He was inducted into the NAEPC Estate Planning Hall of Fame in 2011 and has been named one of the 24 “Elite Estate Planning Attorneys” by The Trust Advisor and one of the Top 100 Attorneys in Worth.  He can be reached at 702-341-6000, ext. 2 or [email protected].  His law firm’s website is www.oshins.com.