Category Archives: Inter Vivos Trusts

Inter Vivos Trusts

Posted on March 15, 2010 by David L. Silverman, J.D., LL.M. (Taxation)

As a testamentary instrument, the living trust possesses attractive attributes, especially for elderly testators. For younger persons, the will is generally preferable as a testamentary device. Property placed in a will passes automatically into the probate estate, where it may … Continue reading →

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Will May be Preferable to “Living Trust”

Posted on March 15, 2010 by David L. Silverman, J.D., LL.M. (Taxation)

As a testamentary instrument, the living trust may be attractive for some elderly testators. For younger persons however, a Will is generally preferable. Despite statements to the contrary, a living trust is possessed of no inherent tax benefits. Furthermore, few, … Continue reading →

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New York Revised Legislation Re: Revocable Inter Vivos Trusts (October 1997)

Posted on March 15, 2010 by David L. Silverman, J.D., LL.M. (Taxation)

New York attorneys have often looked closely at what revocable inter vivos trusts (RIVTs) have to offer as a testamentary substitute only to ultimately recommend against their use in favor of a Will. Although immensely popular in California and Florida, … Continue reading →

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