Fairfax Virginia Assignment by Beneficiary of a Percentage of the Income of a Trust

State:
Multi-State
County:
Fairfax
Control #:
US-01227BG
Format:
Word; 
Rich Text
Instant download

Description

An assignment by a beneficiary of a portion of his or her interest in a trust is usually regarded as a transfer of a right, title, or estate in property rather than a chose in action (like an account receivable). As a general rule, the essentials of such an assignment or transfer are the same as those for any transfer of real or personal property. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In the case of a good Trustee, the Trust should be fully distributed within twelve to eighteen months after the Trust administration begins. But that presumes there are no problems, such as a lawsuit or inheritance fights.

Executors can be paid a flat fee, an hourly rate, or a percentage based on the gross value of the estate. When the fees are based on the estate value, they are usually tiered like 4% of the first $100,000 of the estate, 3% of the next $100,000, and so on.

The 65-day rule relates to distributions from complex trusts to beneficiaries made after the end of a calendar year. For the first 65 days of the following year, a distribution is considered to have been made in the previous year.

Executor compensation for VA estates is primarily calculated as a percentage of the qualified estate gross value (see limitations below): 5.0% on the first $400K. 4.0% on the next $300K. 3.0% on the next $300K.

As noted above, a personal representative can obtain the protection of an Order of Distribution within six months and make complete distribution by that time. A trustee cannot secure that protection and might deem it prudent to wait longer than six months to make final distribution.

TRUSTEE REQUIREMENTS If the settlor does not name a trustee, a court will appoint one. A trustee: 220e Must have active duties to perform. 220e Cannot be the sole trustee and the sole beneficiary.

Compensation for an executor in Virginia is the sole discretion of the court which has jurisdiction over the estate. As a general guideline, an executor is entitled to whatever fee is fixed by the will. Where a specific fee was not fixed, the courts have considered reasonable a fee equal to 5% of the assets.

Settling an Estate in Virginia A petition to open probate is filed with the court in the county where the person lived before their death. The court approves a personal representative or appoints someone to act on behalf of the estate.

Preservation Family Wealth Protection & Planning Too bad, says the IRS, unless you are an estate or trust. Under Section 663(b) of the Internal Revenue Code, any distribution by an estate or trust within the first 65 days of the tax year can be treated as having been made on the last day of the preceding tax year.

Virginia has no set time limit for settling an estate. You can take the time you need to grieve and get your affairs in order before you settle the estate. However, Virginia courts do generally recommend that you start the process within a week to 30 days after the funeral.

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Fairfax Virginia Assignment by Beneficiary of a Percentage of the Income of a Trust