Fundamentals of trust accounting income and principal rules under the revised New York State laws

Description

"In New York State alone there are well over 10,000 attorneys that are involved in trust drafting, tax planning, estate planning, trust accounting, trust litigation and elder law planning, but very few local bar associations in New York State have any material on this particular subject area ... until now. Many New York attorneys need a manual on the trust accounting income and principal rules from a practical application standpoint. This is especially true today because many attorneys draft trust documents. An attorney involved in drafting trusts in New York State has to be aware of the trust accounting rules that are applicable to a trust that is subject to New York State trust laws. This knowledge is especially important if he or she acts as trust counsel to the trust that he or she created. In addition, many trustees submit trust accountings to the trust beneficiaries. The failure of the attorney to know the trust accounting rules for the trust he or she created could result in headaches and liability issues for the attorney. Many practitioners in New York State may not realize that the New York trust laws regarding accounting income and principal have been completely revamped. The initial effective date of the revised laws was January 1, 2002 and is retroactive to all trusts that were in existence on that date and/or any date thereafter. Significant changes to these rules were made in August 2008 as well. The revamped New York State trust laws have three elements: the Uniform Principal and Income Act (UPAIA), the power to adjust (PTA) and the unitrust conversion. Any practitioner who is involved in trust drafting or trust litigation, or who prepares fiduciary income tax returns or trust accountings, must become aware of these revised trust rules in order to avoid potential malpractice and/or ethics issues"--Unedited summary from book cover.

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