New Hampshire Petition to Require Accounting from Testamentary Trustee

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Multi-State
Control #:
US-01253BG
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Description

An accounting by a fiduciary usually involves an inventory of assets, debts, income, expenditures, and other items, which is submitted to a court. Such an accounting is used in various contexts, such as administration of a trust, estate, guardianship or conservatorship. Generally, a prior demand by an appropriate party for an accounting, and a refusal by the fiduciary to account, are conditions precedent to the bringing of an action for an accounting.

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FAQ

Yes. You can add money into an existing testamentary trust. However, any money or assets you add to an existing testamentary trust will not enjoy the tax and asset protection privileges of a testamentary trust. Only that part of the estate allocated to the beneficiary by the Will owner enjoys these privileges.

Therefore there will be an accounting cost if you use an accountant. The trust does not need to be audited and there are no regulatory fees. There are no ongoing legal costs with operating a testamentary trust.

Bottom Line. Living trusts have to file tax returns in most cases if they have $600 or more in income for a given tax year. They may also have to file if the living trust is a grantor-controlled trust or a revocable marital trust and both spouses are still living. Trusts that file tax returns do so using Form 1041.

Disadvantages of a Testamentary Trust Lack of Privacy: Testamentary trusts are part of a person's will, which becomes public record upon their death. This means that the details of the trust and its beneficiaries are accessible to the public.

Testamentary trusts offer a unique tax advantage that other trusts often do not have. They have a ?step up in basis? that is not available to those who receive money from a living trust. The term ?basis? is a tax term that indicates the value of an item at the time that it was acquired.

Purpose: While estate accounts are used to manage and distribute a deceased person's assets, trust accounts are designed to hold and manage a grantor's assets on behalf of a beneficiary until they are ready to assume ownership.

Once a testamentary trust has been created, it becomes a taxable entity in its own right and is thus subject to income taxes. If it has $600 or more in annual income, it must file a U.S. Income Tax Return for Estates and Trusts (Form 1041) for that year.

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New Hampshire Petition to Require Accounting from Testamentary Trustee