Gifting & Transferring Assets Outright or to a Trust?


If you are considering gifting or transferring assets, there are distinct differences between an outright transfer and a transfer into a trust that is important to understand. 

1. When prepared correctly, a transfer to a trust provides:

•Asset protection; and

•A step up in tax basis.

2. An outright transfer to children or others may incur:

•A carryover tax basis.

When considering an outright transfer to children, it is important to consider the following:

•What happens if children divorce?

•What happens if the child predeceases you?

•What happens if your child has outstanding creditors?

An experienced Elder Law attorney can explain the benefits and drawbacks so that you can make an informed decision about what is best for you and your family.

Please contact us directly with your questions or comments.

Vivian Garrastegui bg 150x150 1

Vivian Garrastegui, Esq.

135 Pinelawn Road
Suite 110 South
Melville, NY 11747
(P) 631-756-6006

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Clients first entrusted us to help them with their estate planning and elder law issues over 30 years ago. Since then, we have expanded our practice to include real estate, but our focus continues to be on assisting clients with some of the biggest issues they will face in their lives.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.

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