Marital Agreements

Delineation of other aspects of the marriage

Delivery of adjusted basis and holding period information to transferee.

Other non-ERISA retirement accounts, like IRAs, are not subject to ERISA waiver restrictions, and can thus be waived in a marital agreement.

Marital Agreements

by Charles (Chuck) Rubin

crubin@floridatax.com

Oct. 2015

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Enforceability Issues

Qualified Plans

Waiver of Survivor Rights

Assignments of Interests During Lifetime (including Divorce)

ERISA Waivers

Florida Law

F.S. 61.076 provides: “All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.” Therefore, under Florida law, retirement plans are specifically held to be marital property subject to equitable distribution.

General Rule:

A marital agreement that purports to waive a non-participating spouse's right to a survivor annuity is not enforceable, absent strict compliance with statutory conditions.

A nonparticipating spouse has no rights to qualified pension and profit-sharing plans regardless of state law, and such rights cannot be assigned to the nonparticipating spouse except in a divorce. IRC §401(a)(13)(A); 29 USC § 1056(d); Boggs v. Boggs, 520 US 833 (1997)

Developing law in Florida and elsewhere suggests that if a marital agreement is silent with respect to a right or obligation related to a retirement account, the party seeking a share of the other party’s account may have waived or forfeited that right.

A marital agreement that purports to assign an interest in an a plan subject to ERISA to a nonparticipating spouse is invalid.

QDRO

Allows for qualified division of a retirement account

The REA gives to an employee's surviving spouse rights under a qualified plan that can be waived only with the consent of that spouse (not a “prospective spouse”), expressed in a specified manner.

Recipient former spouse treated as distributee and taxed accordingly

Generally applies only to private employers for ERISA plans

So how get a waiver BEFORE marriage in a prenup?

PRACTICE TIPS: Get plan administrator approval in the marital agreement - Review plan documents - Consider engaging an ERISA expert

Probably can't compel a waiver post-marriage, but typically a prenup will impose other penalties if no waiver - e.g., loss of other benefits under the prenup

ANOTHER TIP: Since failure to provide for the QDRO in the final judgment may result in a waiver of rights to the plan assets, the marital agreement should provide that a final judgment of dissolution will not be entered until a QDRO has been prepared and approved by the plan administrator.

IRAs

QDRO not required, but custodian may still request one or a letter of instruction

A transfer of all or part of an interest to a spouse or former spouse, under a divorce or separate maintenance instrument, is not considered a taxable transfer. IRC §408(d)(6).

Beginning on the date of the transfer, the transferred IRA interest is treated as the spouse’s or former spouse’s IRA. IRC §408(d)(6).

Miscellaneous Due Diligence

Review credit reports.

Impact of Incapacity or Disability

Done!

Review tax returns.

Life Insurance Considerations

Address who will handle finances.

Review marital and family history.

Charles (Chuck) Rubin

crubin@floridatax.com

561-998-7847

www.rubinontax.blogspot.com

www.floridatax.com

Consideration of insurance to cover expenses.

Address health issues, including representations regarding same.

DSUE/Portability

Acquisition of insurance, now or upon divorce.

DSUE

Basics

Consider obligation to support in these circumstances.

Uncertain fiduciary duty of fiduciary of first spouse to die to make election and/or make a return not otherwise required because below exemption amount.

Portability of unused

unified credit of first spouse to die

Requires an election on Form 706

Rife for controversy and disputes, especially in 2nd

marriage situations

Valuable to high net worth individuals

May need to file a Form 706

just to elect portability

Special 2nd Marriage Considerations

SAMPLE DSUE CLAUSE: Upon the first death among Husband and Wife, the personal representative or executor of the estate of that first spouse to die (the "Deceased Spouse"), or if no personal representative or executor is serving then such other person or entity eligible to file a federal estate tax return (or state estate tax returns, as to such a returns) (hereafter referred to as a "Statutory Executor"), shall undertake all timely action so as to make available to the surviving spouse (the "Surviving Spouse") the deceased spousal unused exclusion amount for federal estate and gift tax purposes as that term is defined under Code §2010(c) or successor provisions thereto (the "DSUEA"). Such action shall include the proper preparation and the complete and timely filing of a federal estate tax return for the Deceased Spouse, the computation of the DSUEA thereon, the making of the election described in Code §2010(c)(5)(A) (or successor provisions thereto), and compliance with all applicable statutes and regulations relating to a DSUEA election. Similar returns and elections shall be filed in all states for state estate tax purposes that have similar DSUEA provisions in which the Deceased Spouse owned or is treated as owning property that is included in the gross estate of such Deceased Spouse for state estate purposes in such state, and in those states in which the Surviving Spouse gives notice to the domiciliary personal representative or executor of the Deceased Spouse or a Statutory Executor if no personal representative or executor is serving within six months of the death of the Deceased Spouse requesting such filings and treatment. In the event that neither the estate of the Deceased Spouse, representatives of the estate of the Deceased Spouse nor any persons owning or receiving an interest in the property of the Deceased Spouse have a federal or state estate tax filing obligation after the death of the Deceased Spouse aside from the necessity of making a DSUEA election (e.g., by reason of having insufficient taxable assets to meet filing thresholds), the Surviving Spouse shall pay the costs of preparation (including for applicable appraisals and ancillary expenses) of those of the foregoing returns that are not so required but for the making of the foregoing DSUEA elections. The Surviving Spouse may give written notice to the personal representative or executor of the estate of the Deceased Spouse (or to any known Statutory Executors, if no personal representative or executor is then serving) within four months of the death of the Deceased Spouse waiving the making of one or more of the DSUEA elections for federal purposes and state purposes - if so delivered the Surviving Spouse's obligation to pay the costs of preparation of such waived returns under the foregoing provisions shall not apply (except as to the federal return if required to be prepared for a state return whose preparation is not waived). The personal representative or executor of the estate of the Deceased Spouse and any Statutory Executors shall reasonably cooperate with the Surviving Spouse so as to determine the returns that need to be filed under this Paragraph, and such that the Surviving Spouse receives an estimate of the DSUEA amount as soon reasonably practicable and receives a full copy of all federal and state estate tax returns with supporting documents when filed. References herein to the personal representative or executor of the estate of the Deceased Spouse when not preceded by the term "domiciliary" refer to the domiciliary personal representative or executor but shall also include any ancillary appointments to the extent such appointed persons or entities have obligations or authority to file the federal and state estate tax returns referred to in this Paragraph. The Surviving Spouse and the personal representative or executor of the Deceased Spouse and any applicable Statutory Executors shall have such further obligations among them as reasonably relate to the fulfillment of the purposes of the purposes of this Paragraph even though not specifically provided for herein.

Drafting

Considerations

Coordinate premium payments with alimony characterization.

Whether to obligate the filing of a Form 706 and the making of a DSUE election

PRACTICE TIP: In any event, discuss with client and CYA if not used to protect against later malpractice claim

Option demand period

Require payment of Form 706 expenses, at least if 706 not otherwise required?

Less need in 1st marriages

Greater need in 2nd marriages

Whether surviving spouse should pay something for the DSUE election

Support of other children.

Prior divorce and support obligations.

Required beneficiary designations.

Naming of fiduciaries.

Special Business Issue Considerations

Burial/remains disposition instructions.

Indemnification for business debts and taxes.

Tax Return Filings

Forensic accounting or audits in the event of divorce or separation.

How much income will be contributed to the household.

Joint Return Considerations

Parties will typically begin filing joint tax returns after they get married.

Clarifying to whom future growth belongs.

Agreement to Split Gifts

Some reasons to

not file jointly:

Marriage penalty.

IRS able to seize any refund.

Both spouses become responsible for all information and for all taxes owed for that year.

Absent innocent spouse relief.

Who has economic interests in new business or subsidaries.

What happens if one spouse is an employee of the other or their business.

Other Advice And Recommendations Regarding Enforceability

Separate legal counsel for each spouse.

Enforceability in General (All States)

Each spouse selects their own legal counsel

Property Transfer Issues

Marital Home Issues

Generally must be in writing.

Risk: Unenforceability in a jurisdiction where assets located that does not enforce marital agreements

Historically - not enforced - encouraging divorce

One Spouse Occupies and Other Pays Expenses

TRANSFER OF HOME BETWEEN SPOUSES

Property Transfer Issues

Obligation to Establish Trust for Surviving Spouse

Principal payments on mortgage can be treated as taxable/deductible alimony or separate maintenance.

But oral or implied agreements sometimes given effect if partially performed.

Thus:

• Give attention to governing law
• Consider local counsel when appropriate

Carryover Basis under §1041

Most jurisdictions have abandoned

this - some only recently

Each spouse pays for their own legal counsel, if practical.

Enforceability in Florida

Interest payments on a mortgage may not be deductible by the non-resident spouse for failure to meet the definition of a qualified residence under Code §163(h)(4)(A)(i). But such a payment may be taxable/deductible as alimony if so structured.

Florida's "Save our Homes" ad valorem tax cap on values may be split between spouses in certain situations. This may be negotiated in the marital agreement.

Property taxes are generally deductible only by the person on whom they were imposed and only if that person actually pays the taxes. Reg. § 1.164-1(a). [See outline for specific fact patterns]

Fla. documentary stamp taxes if encumbered.

Property Transfer Issues

Income Taxation of Alimony and other Support Trusts

Disclosure Aspects

Two Different Separate Sets of Rules

Special Circumstances in Some Jurisdictions

Prenup - FUPPA - full disclosure not required

General contract law applies.

Not subject to the Contract Clause

of the U.S. Constitution

Fairness requirements.

But advisable since it blocks an unconscionability challenge (but so will a waiver of disclosure)

General adherence to contract law required.

Opportunity to retain counsel.

The statute references "a fair and reasonable disclosure of the property or financial obligations" ("or" vs. "and"??)

Avoid fraud, deceit, duress, coercion, or misrepresentation.

Prenuptial agreements - statutory under Florida Uniform Premarital Agreement Act

Effect: No restriction on legislative impairments of such contracts

Unclear where the line is.

Florida Standards of Disclosure

FUPAA - "fair and reasonable" of property or financial obligations

Cannot promote divorce.

Be cautious of provisions that provide a financial incentive to obtain a divorce or to goad the other spouse to do so.

So include financial obligations in the disclosures

Del Vecchio - "full and frank disclosure"

Include a severability provision

Need not be "minutely detailed nor exact." O’Connor v. O’Connor, 435 So.2d 344, 345 (Fla. 1st DCA 1983),

More frequently successfully challenged then nonmarital contracts, especially for overreaching, coercion, or duress.

Items to Consider Including:

Financial statements.

Income Tax Returns.

Appraisals.

Include liability and financial obligations.

Postnuptial - full disclosure not required

Attach items in lieu of cross reference to cut off future potential challenge of nondelivery.

Religious faith of children.

Unconscionability can be a problem - sometimes measured from time of enforcement, not creation.

Damages in the event of infidelity in a no-fault jurisdiction.

Public policy limitations.

Waiver of a right to obtain a divorce.

But advisable since it is a defense to challenge of the agreement as to lack of fair and reasonable provisions. Del Vecchio v. Del Vecchio, 143 So.2d 17 (Fla. 1962); Casto v. Casto, 508 So.2d 330 (Fla. 1987)

RISK: If under applicable state law, the surviving spouse is treated as having furnished the consideration of property transferred to the trust, then the trust may be treated as self-settled, and, therefore, subject to claims of the survivor's creditors.

Adequate consideration may be needed.

Extended time period for drafting and execution prior to marriage to minimize coercion claims.

Postnuptial agreements - common-law

However, agreements affecting elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative, require a fair disclosure of assets. Fla.Stats. § 732.702.

Recent trend towards courts enforcing the contracts as written as opposed to rewriting a contract in an effort to deliver fairness and equity.

Relevance of these General Rules

Should not rely solely on Florida law.

Separate Counsel

Disclosure Aspects

Limits on Waivers

A Primer on the Florida Uniform Premarital Agreement Act

• Parties may move.

Informed decision, but exactness not required.

Not usually required

Consideration

Agreement Requirements

In writing.

Signed by both parties.

Misc. Florida Case Law

Voluntary execution.

No fraud, duress, coercion, or overreaching.

Not required,

other than the marriage itself.

Not unconscionable WHEN EXECUTED, unless before the execution of the agreement the contesting party:

Temporary support pending divorce cannot be waived.

Was provided a fair and reasonable disclosure of the property or financial obligations of the other party,

Effective October 1, 2007

Surrounding circumstances are relevant, as is representation by counsel.

Did voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations beyond the disclosure provided, or

• Non-Florida court may decide not to follow Florida law.

Had, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other party.

PRACTICE TIP: Either disclose, or waive disclosure.

Relevant for duress

The wife must have knowledge of the husband’s income. Cladis v. Cladis, 512 So.2d 271 (Fla. 4th DCA 1987), limited on other grounds 740 So.2d 1181.

Possibility of cure by making a full disclosure at a later date.

A husband may not completely relieve himself of his obligation to support his wife while she remains his legal wife. See Belcher v. Belcher, 271 So.2d 7 (Fla. 1972); Young v. Young, 322 So.2d 594 (Fla. 4th DCA 1975).

Limitations on Agreements

Cannot adversely affect the right of a child support.

Permitted Content

Rights and obligations in property.

Before signing.

Rights to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign , create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.

Court may impose support obligations if agreement results in spouse qualifying for public assistance at the time of separation or dissolution.

Disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.

Relevant for questions of

being fully informed

Establishment, modification, waiver, or elimination of spousal support.

Florida limits on agreements relating to religious training of children.

The making of a will, trust, or other arrangement carry out the provisions of the agreement.

Contracts must be entered into freely and voluntarily. Potter v. Collin, 321 So.2d 128 (Fla. 4th DCA 1975).

Ownership rights in and disposition of the death benefits from a life insurance policy.

Choice of law.

Any other matter, including personal rights and obligations, not in violation of Florida public policy or a law imposing a criminal penalty.

Anticipated inheritances and gifts.

Consider including liability information.

Observations

The contract must not violate public policy. Busot v. Busot, 338 So.2d 1332 (Fla. 2d DCA 1976).

Miscellaneous Aspects

Disclosure of assets not strictly required.

However, recommended to protect against unconscionability argument.

Effective upon marriage.

If upon dissolution of a marriage, permanent spousal support is completely eliminated, Fla.Stats. §61.079(7)(b) mandates that support can be required if the waiver results in the waiving spouse qualifying for a program of public assistance at the time of separation or marital dissolution.

After marriage, it may be amended, revoked, or abandoned only by a written agreement signed by the parties.

Unconscionability measured at the time of marriage, not a later date. Florida rejected an optional provision of the UPMAA allowing a court to refuse to enforce the term of a premarital agreement if doing so would result in substantial harm because of a material change in circumstances after the agreement was signed.

No consideration required for amendment, revocation, or abandonment.

If a marriage is determined to be void, so is the premarital agreement except to the extent necessary to avoid an inequitable result.

There must be consideration, Gelfo v. Gelfo, 198 So.2d 353 (Fla. 3d DCA 1967), although the court generally will not inquire into its adequacy, Ryland v. Ryland, 605 So.2d 138 (Fla. 4th DCA 1992), receded from on other grounds 740 So.2d 1181. However, the marriage itself is sufficient consideration to support a premarital agreement. O’Shea v. O’Shea, 221 So.2d 223 (Fla. 4th DCA 1969).

General Rule: A trust funded to pay alimony obligations is generally a grantor trust to the extent income from the trust is distributed to discharge the payor spouse's support obligations. Code §677(b).

PRACTICE TIP: Waivers of temporary alimony and support in a marital agreement, and related attorney fees, should include language to the effect "to the extent enforceable under applicable law." Further, clients should be advised that these items may not be waivable.

Most of the foregoing cases preceded the Florida Uniform Premarital Agreement Act, and thus may be impacted by the Act as to prenuptial agreements.

Postnuptial Agreements

Seminal Case: Casto v. Casto, 508 So.2d 330 (Fla. 1987).

Spouse must show that “the agreement makes an unfair or unreasonable provision [for the challenging spouse] given the circumstances of the parties.” Id. In determining if the agreement was, in fact, unreasonable, the trial court must find that the agreement is “‘disproportionate to the means’” of the defending spouse.

A bad bargain is not sufficient ground, by itself, to vacate or modify.

The absence of legal advice or incompetent legal advice is not a basis to set aside an agreement.

Once the challenging spouse establishes that the agreement is unreasonable, the burden shifts to the defending spouse, who may rebut by showing that:

Reminder: Enforceability based on case law, since UPAA provisions only relate to prenuptial agreements.

A court may set aside or modify for fraud, deceit, duress, coercion, misrepresentation, or overreaching.

1. there was “a full, frank disclosure” to the challenging spouse before signing of the agreement relative to the value of all the marital property and income of the parties, Casto, 508 So.2d at 333, or

2. the challenging spouse had a “general and approximate knowledge . . . of the character and extent of the marital property sufficient to obtain a value by reasonable means, as well as a general knowledge of the income of the parties.

Required Disclosure for Certain Rights Waivers

As to agreements affecting elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative, a fair disclosure of assets is required. Fla.Stats. § 732.702.

Special Rule - §682

Not a grantor trust as to income distributions for support of the payee spouse if divorced or legally separated

Distribution taxable to payee to extent of DNI, and not taxable to payor spouse

No deduction to payor spouse for payment

Remaining undistributed income taxed under regular trust principles, including potential application of grantor trust rules

It is likely that Code §§ 71 and 215(a) do not apply, so distributions of principal are likely not taxable to the payee spouse nor deductible by the payor spouse. See H.R. Rep. No. 98-432 (1984).

Code §682 does not apply to income designated for the support of minor children of the payor spouse.

Property Transfer Issues

Estate Tax Deduction for Testamentary Transfers

If Not Married

If Married

Deductibility for post-death alimony, child support, or property settlement payments for estate tax purposes under Code §2053(a)(3).

Must be an enforceable claim

§2056 marital deduction, if meet requirements

Claims founded on a promise or agreement are deductible only if “contracted bona fide and for an adequate and full consideration in money or money’s worth.” IRC §2053(c)(1)(A).

An obligation founded on a court decree is not considered to be founded on a promise or agreement and, therefore, may not be deductible to the estate.

A transfer that meets the requirements of IRC §2516(1) will be deemed to be made for adequate and full consideration. IRC §2043(b)(2).

PRACTICE TIP: Non-tax practitioners will often create trusts for surviving spouse that will terminate upon remarriage - not a QTIP

Property Transfer Issues

Inter Vivos Transfers - Taxable Gift?

Relief Mechanisms

Why an Issue?

PRACTICE TIP: But make sure agreement is not effective until marriage, since gift occurs when agreement to transfer occurs, not the date of transfer. Similarly, no transfers prior to marriage should be made.

Marital deduction for qualified transfers before divorce.

All transfers are a potential taxable gift. §1041 only impacts income tax character.

Exposure if amount transferred exceeds value of rights of recipient spouse.

• Pursuant to written agreement; and
• Divorce w/i 2 years after agreement [i.e., only applies if a divorce]; and
• Transfer is in settlement of marital or property rights or to provide support of MINOR children.

Elements:

Exposure of decree entered into more than 2 years after agreement (unless incorporated as part of the decree)

Can apply to transfers to trusts.

§2516.

Similar, but not identical to §1041(a)

TIP: to get coverage, include provisions in marital settlement agreement (or rely on separate "court decree provision"

Gifts are defined objectively - donative intent irrelevant.

If §2516 does not apply, "court decree" may allow escape.

Gifts occur when “property is transferred for less than an adequate and full consideration in money or money’s worth.”

Transfers incident to divorce or separation have adequate consideration in money or money's worth if made to satisfy RIGHTS OF SUPPORT.

Consideration not reducible to a value in money or money's worth is disregarded for this purpose.

Property transferred in exchange for a relinquishment or promised relinquishment of dower or curtesy, or of other marital rights in the spouse’s property or estate, is not consideration in money or money’s worth. Reg. § 25.2512-8.

Given the unlimited marital deduction, more of a problem for transfers to former spouses than to current spouses while married.

Typical Purposes

LIMIT

spouse rights - marriage, divorce, after death

PROTECT

Principal Tax Issues

Lineal descendents (especially 2nd marriages)

• Alimony
• Property Transfer Issues
• DSUE/Portability
• Pension Issues

Alimony

PRACTICE TIP!!

Property Transfer Issues

Capital Gain Recognition

Alimony Requirements:

1. In Cash

2. Received by SPOUSE or

FORMER SPOUSE under

divorce or separation agreement

3rd Party Recipient Okay??

Yes, if:

a. provided under decree or separation instrument, or

b. under written request, consent or

ratification of the payee spouse

Premium Payments to Insurance Company Okay??

Yes, if:

Payee spouse is the "owner"

Term or whole life on payor's life

Under terms of divorce or separation agreement

PRACTICE TIP: Thus can get deductible payments in setting up life insurance arrangements that arise or are funded after divorce

3. No provision that not in G.I. or not deductible

4. Cannot live in same household if legally separated

& separate parts of the same dwelling won't fly

5. Must terminate at death of payee spouse

Florida law default setting

Careful with lump sum alimony

Careful with post-death payment obligations - substitute payments risk

Agreement label does not bind the IRS

6. No joint income tax return filing

In General

Income taxable to recipient

Deductible to payor

Starting Point

Electible

Alimony Frontloading

Watch for:

Davis gain

Payments decline over 1st 3 years

Contingencies in payment amounts

General income tax rule of deemed sale of property transferred in exchange for consideration or in discharge of an obligation - gain recognition potential. United States v. Davis, 370 U.S. 65, 82 S.Ct. 1190, 8 L.Ed.2d 335 (1962).

§1041 To the Rescue

Transfer during marriage not incident to divorce - deemed gift. §1041(a)(1).

What if alimony is really only a disguised property settlement?

§1041 Particulars

Transfer to a former spouse if "incident to divorce." §1041(a)(2).

Gift for INCOME tax purposes. §1041(b)(1).

No income on receipt. §102.

No consideration requirement.

No Problem!

But no reduction if value less than basis!

Carryover basis.

Basis of transferred subject to passive losses should increase pro tanto.

Child Support

Holding period tacking.

Cannot Qualify as Alimony

No depreciation recapture.

No Deduction

Short Form Definition of Child Support

No GI Inclusion

This is good or bad depending on whether you are the payor or the payee!

payment to spouse or former spouse designated for the support of children of the payor spouse

Transfer of life insurance policy not a transfer for value.

No ITC recapture if continued qualified use.

Key Points Regarding "Support" Payments

Child need not be a minor.

Practice Tips

Must be a child of the payor spouse.

No acceleration of installment sale gain.

Transferee takes over transferor tax consequences

No legal obligation to support the child is needed.

Be specific and designate

A designation of a percentage of total payment qualifies the amount as "fixed."

If alimony desired, don't let the contingency rule covert it to child support

Amounts specified as being reduced upon contingencies affecting a child (e.g., age, death, marriage) can meet the designation requirement.

Transfer within one year of divorce, or

Transfer under a divorce or separation instrument, and

Safe harbor:

Within SIX YEARS of termination of marriage.

Transfer related to cessation of marriage

Alternatively: a “showing that the transfer was made to effect the division of property owned by the former spouses at the time of the cessation of the marriage.”

What is "incident to divorce" for transfers to former spouses?

PRACTICE TIP: Try to avoid transfers occurring more than 6 years after cessation of the marriage to avoid having to meet the special exception. Consider a provision in the marital agreement requiring payment within the 6 year period.

§1041 Will Not Apply to:

Nonresident alien recipient.

But not to a grantor trust. PLR 9230021.

Property transferred has liabilities in excess of basis, but only if the transfer is in trust.

A transfer of installment obligations to a trust. §453B(g).

Some assignments of earned income.

Transfer of services.

Transfers before marriage.

The Deduction Side of Things

Section 215(a) deductiblity tracks Section 71 taxability requirements

Freedom of choice - but contrasting interests between payor and payee spouse

Deductible in computing AGI (Sec. 62(a)(10))

Practicalities

Estate, trust, or other payor than payor spouse cannot deduct

Payor spouse can trade off deduction/inclusion for lower payments, if deduction not of great value

Property Transfer Issues

• Capital Gain Recognition

• Inter Vivos Transfers - Taxable Gift?

• Estate Tax Deduction for Testamentary Transfers

• Alimony and Other Trusts

• Obligation to Establish Trust for Surviving Spouse

• Marital Home Issues

Gutter Chaves Josepher Rubin Forman Fleisher PA Boca Raton, FL 561-998-7847