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Provision in LLC Agreement Regarding Transfer of a Member’s Interest at Death Overrides the Decedent’s Will

by Teddar S. Brooks | Jun 25, 2017 | Cases of Interest, T&E News

Blechman v. Estate of Blechman In Blechman v. Estate of Blechman, 160 So. 3rd 152 (Fla Dist. Ct. App. 2015), the appellate court (reversing the trial court) held that the language in the LLC agreement providing that the LLC interest would “pass to and immediately...

Cases of Interest In Fiduciary Administration

by Teddar S. Brooks | May 22, 2017 | Cases of Interest, T&E News

Cases of Interest in Fiduciary Administration 1. Life Tenant’s Intentional Failure to Pay Property Taxes and Maintain Hazard Insurance Constituted Waste and Justified Extinguishing Life Estate. In this case the life tenant refused to pay real property taxes on the...

Who Is Entitled to Income That Is Accrued But Unpaid Before a Decedent Dies?

by Teddar S. Brooks | Apr 11, 2017 | Articles of Interest, T&E News

(E.g accrued interest on a bond) As stated in the “Fiduciary Accounting Answer Book,” Q7:8 on page 7004: “When a fiduciary (executor or trustee) receives income . . . after a decedent dies, the fiduciary must allocate the items that were due before death . . . to...

How Are Receipts Of Short Term Capital Gain Distributions From Mutual Funds And REITS Allocated Between Principal And Income?

by Teddar S. Brooks | Apr 11, 2017 | Articles of Interest, T&E News

In allocating receipts of short term capital gain distributions from mutual funds and REITs, you must consider the following: Reference pages 8002-8003 of the book entitled “Fiduciary Accounting Answer Book,” (2013 edition), Q8:5 addresses this question directly....

Comments On The Regs Under IRC Sec. 67

by Teddar S. Brooks | Jan 1, 2015 | Cases of Interest, T&E News

Squib On The New Regs Under IRC Sec. 67 The 2% Rule Treasury Decision 9664 On May 9, 2014 the Treasury Department and the IRS adopted final regulations, which generally retained the 2011 proposed regulations with minor modifications. The final regulations are...
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