Jason Kleinman published an article in the American Bar Association's Real Property, Trust and Estate Law Journal on trust decanting. Jason's article describes why decanting or modifying a trust should not be a taxable event. While a common transaction in a trusts and estate practice, there remains a persistent lack of clarity on the transaction's income tax consequences which this article attempts to resolve.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.