I’ve read much of the coverage of yesterday’s hearing in San Antonio about the Benson family squabble and I’m still not certain the salient legal issues were properly analyzed. Based on what I’ve read to this point, it appears the property in the Benson Trust today is a note valued at over $400,000,000. Is the job of the new court appointed receivers to value that note in relation to the assets that were taken in the substitution or dictate specific assets that must be held in the Benson Trust? Seems to me if the value is equal or equalized, the Judge in San Antonio would be steppin’ out dictating to a legally competent Tom Benson what assets he must leave to his seemingly ungrateful daughter and grandchildren.
I have an appreciation for the issues even if I do not consider myself an expert in this area of taxation and applicable state and federal law. There are many very valid reasons to substitute assets in an irrevocable trust that financially benefit both the grantor and beneficiaries. Here is an example:
Swapping Trust Assets to Achieve a Step-Up in Tax Basis at Death ~ Morris Law Group