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If a Beneficiary is dissatisfied and wishes to sue the Trustee regarding of the assets, does the living trust have in it a "No Contest Condition?" This means that should any Beneficiary sue, resulting in a dissipation among the Trust resources, the Beneficiary automatically loses his or her inheritance.
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By contrast, had the couple put property into a neighborhood property living trust, the home would have obtained the entire stepped-up basis at period of the wife's death, and the husband hold had no taxable gains.
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