Gift Tax Consequences of Changing Irrevocable Trusts

When does a trust beneficiary’s cooperation with a trustee to modify, reform, or decant a trust become a taxable gift by that trust beneficiary? In late 2023, the IRS Office of Chief Counsel answered that question in CCA202352018. In this episode, our guest Jenny Hill Bratt discusses the CCA and its impact on trust and estate practitioners and their clients.  

 About Our Guest:
Jenny Hill Bratt is a partner in the San Diego (Del Mar) office of Sheppard Mullin.  Her practice is focused on US and international estate and income tax planning, trusts and estates administration, family and closely-held business planning and charitable planning and exempt organizations.

Jenny is a fellow in the American College of Trust and Estate Counsel (ACTEC) and is certified as a specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. She served on the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and was involved in the passing of the California Uniform Trust Decanting Act effective January 1, 2019. She is ranked by Chambers in Private Wealth Law.

Jenny can be reached at jbratt@sheppardmullin.com or on LinkedIn.

About Our Host:
Matt Owens is a partner in the San Diego (Del Mar) office of Sheppard Mullin.  His practice is focused on trust, estate, and inheritance disputes.

Matt is a certified specialist in estate planning, trust, and probate law by the State Bar of California Board of Legal Specialization. He is a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and served as Chair of the Executive Committee of the San Diego County Bar Association's Estate Planning, Trust, and Probate Law Section. He is ranked by Chambers in Private Wealth Disputes.

Matt can be reached at mowens@sheppardmullin.com, on LinkedIn, or on X.

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Trust Me is Produced by Foley Marra Studios
Edited by Todd Gajdusek and Cat Hammons