Video

  • 16 minutes

Gift Tax Issues: Donor Spouse and Settlor's Ability to Become Beneficiary

 

Review gift tax consequences to donor spouse.

If the donor spouse has parted with dominion and control of the property then they have made a completed gift and have not retained a power to revest the property in themself. In a typical situation where the donor spouse is not the beneficiary, or there is no state reciprocal trust prohibition, once the completed gift has occurred the gift is set aside and there shouldn't be any issues. This video reviews what happens when the gift is not a completed gift and what can happen and discusses the settlor’s ability to become the beneficiary and what estate tax issues may occur.

Runtime: 16 minutes

Agenda

Faculty

Les Raatz

Les Raatz

Dickinson Wright PLLC

  • Member of the law firm of Dickinson Wright PLLC in Phoenix
  • Practices primarily in the areas of estate planning, probate and trust administration, divorce tax and asset planning, and entity structuring, and taxation
  • Has significant experience representing thousands of business clients and their families in connection with estate and tax planning
  • National author and speaker at numerous seminars on areas of income, estate and gift taxation, probate and trust issues, and selection of business entities, and has been engaged as an expert witness in numerous tax and estate and trust related matters
  • Listed as Best Lawyers “Lawyer of the Year – Trust and Estates” in Phoenix for 2016, 2018 and 2020; also listed in Southwest Superlawyers in the fields of tax, estate planning & probate, estate & trust litigation and listed in Chambers and Partners - high net worth field
Gregory V. Gadarian

Gregory V. Gadarian

Gadarian & Cacy, PLLC

  • Partner in Gadarian & Cacy, PLLC in Tucson, Arizona
  • Has been admitted to the State Bar of Arizona and the State Bar of Florida
  • From 1978 - 1980 he was a legislation attorney on the staff of the Joint Committee on Taxation, U.S. Congress
  • Prior to that, he was an attorney-advisor to Judge Cynthia H. Hall of the U.S. Tax Court
  • Former chair of the Fiduciary Income Tax Committee and former Arizona State chair of the American College of Trust and Estate Counsel, and is an adjunct professor at the University of Arizona College of Law
  • L.L.M. degree in taxation, New York University; J.D. degree, cum laude, Northwestern University School of Law; B.A. degree, Northwestern University

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