passive trust - income & expenses

Financial Planning - Financial planning in general. (Moderated) 

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Subject Author Date
passive trust - income & expenses ps56k 03-04-2010
Posted by ps56k on March 4, 2010, 1:57 am


My wife's paents each died within the last couple of years.

They had some real estate properties in a "trust" - we have no other info as
yet.
There are 5 kids named and equally shared in the trust.

It appears that we now have been informed
that we have to add some income/expenses (details coming)
on a Schedule E.

Just looking for some basics on this "trust"
since we have not really participated
by receiving any income or paid out any expenses. ?




--
----------------------------------
"If everything seems to be going well,
you have obviously overlooked something." - Steven Wright


Posted by PeterL on March 4, 2010, 12:34 pm


> My wife's paents each died within the last couple of years.
>
> They had some real estate properties in a "trust" - we have no other info as
> yet.
> There are 5 kids named and equally shared in the trust.
>
> It appears that we now have been informed
> that we have to add some income/expenses (details coming)
> on a Schedule E.
>
> Just looking for some basics on this "trust"
> since we have not really participated
> by receiving any income or paid out any expenses. ?
>
> --
> ----------------------------------
> "If everything seems to be going well,
> you have obviously overlooked something." - Steven Wright

Informed by who? On their deaths the heirs should receive a copy of
the trust. If a lawyer is handling this you need to have a sit down
and go over the trust.


Posted by dapperdobbs on March 4, 2010, 3:07 pm


> [snip]
> It appears that we now have been informed
> that we have to add some income/expenses (details coming)
> on a Schedule E.
>
[snip]

The Sch_E is part of the estate filing, and I *think* will be handled
within the trust or by the executor if there are current bills due.
You've just been informed that when the estate is settled, the inc/exp
will appear on Sch_E, and this will be part of your tax filing
responsibility (since the estate is, I *think*, "yours" as of the date
of death, and inc/exp begin to accrue). I'm not an expert on this at
all, and if there is real estate, that may or may not be sold as part
of the settlement. I'm just trying to give you some clues, and I'm
sure an accountant would cover it in five words or less, and an
attorney in 5,000 words or more. Call the attorney and ask.


Posted by Don on March 4, 2010, 4:12 pm



> My wife's paents each died within the last couple of years.
>
> They had some real estate properties in a "trust" - we have no other info as
> yet.
> There are 5 kids named and equally shared in the trust.
>
> It appears that we now have been informed
> that we have to add some income/expenses (details coming)
> on a Schedule E.

The settlement of estates is prone to abuse and overcharging by
providers of various services. If any substantial amount of money is
involved, you should perhaps hire your own lawyer to explain these
matters to you and to look over what is being done by the executor.


Posted by Cam on March 4, 2010, 4:19 pm


> My wife's paents each died within the last couple of years.
>
> They had some real estate properties in a "trust" - we have no other info as
> yet.
> There are 5 kids named and equally shared in the trust.
>
> It appears that we now have been informed
> that we have to add some income/expenses (details coming)
> on a Schedule E.
Real estate either generates income, which goes to the trust and is
reported to the IRS or loses money which becomes a tax deduction for
the trust holders (beneficiaries). There is nothing particularly
mysterious about the Schedule E tax form. You can't alwasy deduct the
full expense in the year it happened. Deciding how many years to
expense something (amortize) is a bit tricky. I couldn't tell you how
many year to amortize a toilet or a water heater. The good news is
there is no Social Securiy or Medicare tax to pay (unlike your job).
Property is depreciated and throws off phantom losses. There is
eventual recapture, but you get to keep your money meantime and it is
far less than 100% (around 25% depreciation recapture). My accountant
does three rentals for me, plus my taxes, for around $500 and I live
in a high expense area. I'm guessing you use a property manager
(somebody has to be looking after this) and s/he should work with your
accountant to do the taxes. Like everybody else, my accountant has
data entry clerks and software to do the heavy lifting.


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