In Part 2, George D. Karibjanian and Richard S. Franklin of Franklin Karibjanian & Law PLLC join Talking Tax host Andrea L. Ben-Yosef to talk about how the 2017 tax act’s repeal of §682 impacts existing trusts, including alimony trusts and lifetime QTIPs. Without §682, starting in 2019 the taxability of these trusts may remain with the spouse putting money into the trust even post-divorce.

Existing trusts should be reviewed, because they will not likely be grandfathered, and practitioners should take the ramifications of the 2017 tax act into account when planning alimony trusts and lifetime QTIPs under the new regime beginning in 2019.

For more information, please see the article by George D. Karibjanian, Richard S. Franklin, and Lester B. Law, Alimony, Prenuptial Agreements, and Trusts Under the 2017 Tax Act (Bloomberg Tax Estates, Gifts and Trusts Journal (May 10, 2018)).

The article can be found at https://www.bna.com/alimony-prenuptial-agreements-m73014477712/.