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Would you rather have 50k in cash or 100k to spend on OA
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76 posts in this topic

I don't know US trust law, but that's a fun idea because (I presume) you could use the property to settle the trust and thereby transfer it without a sale.   The trust could presumably then sell the property and distribute the proceeds to the beneficiaries.

Edited by Bronty
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9 minutes ago, Bronty said:

I don't know US trust law, but that's a fun idea because (I presume) you could use the property to settle the trust and thereby transfer it without a sale.   The trust could presumably then sell the property and distribute the proceeds to the beneficiaries.

Trust laws vary by state, but in general, putting the property in trust means that legal title was transferred to the trustee of the trust, with equitable title in possession of the beneficiaries (which can include the donor). So, the beneficiary can presumably still look at it. Not sure that changes anything; the property can't be sold to settle the trust since all the trustee can do, if permitted by the trust instrument, is sell naked legal title without possession. You could just as easily give it to someone as a gift. Also, not sure you can always split up legal and equitable title in the case of objects like this.

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14 minutes ago, Bronty said:

I don't know US trust law, but that's a fun idea because (I presume) you could use the property to settle the trust and thereby transfer it without a sale.   The trust could presumably then sell the property and distribute the proceeds to the beneficiaries.

OK, the new question is:  $50K in cash or $100K in art that you and your heirs can never sell, trade, donate/gift if you receive a tax write-off or any kind of benefit (whether monetary or otherwise), put in trust, sale-leaseback, settle debts with, charge rent/display for profit, use as collateral, write derivative contracts upon or put in a structured product, etc. :foryou: 

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3 minutes ago, delekkerste said:

OK, the new question is:  $50K in cash or $100K in art that you and your heirs can never sell, trade, donate/gift if you receive a tax write-off or any kind of benefit (whether monetary or otherwise), put in trust, sale-leaseback, settle debts with, charge rent/display for profit, use as collateral, write derivative contracts upon or put in a structured product, etc. :foryou: 

100k in art you can't transfer is the simple way to put it.   A sale is a transfer but a transfer can take forms other than a sale; its a broader term.

Edited by Bronty
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6 hours ago, delekkerste said:
6 hours ago, Bronty said:

I don't know US trust law, but that's a fun idea because (I presume) you could use the property to settle the trust and thereby transfer it without a sale.   The trust could presumably then sell the property and distribute the proceeds to the beneficiaries.

OK, the new question is:  $50K in cash or $100K in art that you and your heirs can never sell, trade, donate/gift if you receive a tax write-off or any kind of benefit (whether monetary or otherwise), put in trust, sale-leaseback, settle debts with, charge rent/display for profit, use as collateral, write derivative contracts upon or put in a structured product, etc. :foryou: 

It's sure relaxing to come to these boards to get a little break from my day job as a lawyer!

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4 hours ago, Timely said:

Would you rather have a $1,000,000 Ferrari in your garage taking up space that you can never drive:facepalm: or a $50,000 Corvette that you can do anything you want with?:banana:

I wouldn't want the Corvette because I wouldn't want everyone who sees me driving around in it to automatically assume that I must be a d-bag (or hung like a chicken).

Edited by tth2
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