The beneficiary of a trust springs the Tax Trap under section 2514(d) and thereby makes a taxable gift of trust assets when all of the factors described above are present, except that the beneficiary holds an inter vivos (lifetime) LPOA rather than a testamentary LPOA.
Naturally, the governing instrument must confer an inter vivos and/or testamentary LPOA on the beneficiary of each continuing trust.
She would like to take steps to preserve the family wealth, but living in Manhattan is expensive, and she is not comfortable with the reduction in income that would result from exercising her inter vivos LPOA in favor of her children.
It should, however, be noted, that springing the testamentary LPOA increases the New York estate tax burden.
The family's estate planner recommends that the daughter exercise her inter vivos LPOA so as to spring the Tax Trap to the extent of $8 million and that her husband consent to split the gift (5) so that each of them uses $4 million of applicable exclusion amount and $4 million of GST tax exemption.
Having signed the LPOA, the customer is now free to review, approve and eSign all other loan documents within the electronic platform at his or her convenience.
The LPOA appoints the settlement agent to sign loan documents (for the subject transaction only) on behalf of the customer as the customer's attorney-in-fact (in the same form that the customer has approved these documents online); it does not permit the settlement agent to, for example, make unauthorized conveyances or otherwise affect the customer's ownership of the property.
Portfolio lenders would not need any outside approvals to implement an LPOA workflow (see Figure 1, "Workflow Features" heading).
A creative variation on the LPOA workflow involves document presentment via a live Web-based closing event using a Web conferencing application (e.