Frequently there is tension between the intent of the person who created the trust (the settlor), the beneficiaries and the trustee. A recent Nebraska case is a good example of this.
Jack Fenske was an "old school" bachelor farmer in Madison County. He considered owning agricultural land as a sign of success. While he valued education, he appreciated the value of farm work even more.
One year before he died in 1998, he wrote his will. His attorney had been urging him to do so and the attorney testified that it might have been written and executed in one day. His two great nieces were to receive income for their lives but the principal ...
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“A windfall that borders on the obscene”
Those are the words of Nebraska Supreme Court judge William Cassel dissenting in the case of Wisner v. Vandelay Investments. The case result was that the estate of a 90 plus widow ended up losing real estate worth over a million dollars due to unpaid real estate taxes of $50,000.
Gladys Wisner owned 480 acres of Lincoln County, Nebraska real estate. In 2009 Gladys moved into a retirement community. In 2010, the real estate taxes became delinquent. In 2011, the county sold a tax certificate for the property. It yields interest at the rate of 14 percent. Because of that high rate, Nebraska has a very active market in these financial ...
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Real estate investing and the In-Marriage QDRO
Say that three married couples want to invest in real estate together. They can form an LLC or limited partnership for that purpose. As always, it is wise to have a buy-sell agreement between the parties.
Imagine further that three of the spouses have 401(k)'s that they would like to invest in this new real estate venture. With the In-Marriage QDRO, each spouse can transfer some 401(k) money to the other spouse and then invest in a self-directed IRA that would purchase the real estate.
Because no one married couple owns 50% of the LLC or limited partnership, the entity can borrow money in order to purchase the real estate. The loan, ...
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