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October 14, 2023
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Treatment of MLP's upon death of owner

  • October 14, 2023
  • 2 replies
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    Best answer by Anonymous_

    There will be a step-up assuming this is a typical grantor trust (the assets are included in your estate).

     

    In terms of recapture (depreciation), that essentially disappears since depreciable assets are stepped up to FMV on the date of death.

     

    Internally, I will page @Mike9241 for input on MLPs.

    2 replies

    October 14, 2023

    I understand the step up on DOD, but my MLP's are held in a Trust and on my death I want the Trustee to sell all my MLP's (approx $2.5 million).  Now my questions:

    1. My Trustee sells all MLP's the day after my death. Does the Trust have no gain or loss upon sale due to step-up?

    2. I have held these Mlp's for years. Will the Trust have no recapture?

    Employee
    October 14, 2023

    There will be a step-up assuming this is a typical grantor trust (the assets are included in your estate).

     

    In terms of recapture (depreciation), that essentially disappears since depreciable assets are stepped up to FMV on the date of death.

     

    Internally, I will page @Mike9241 for input on MLPs.

    October 14, 2023

    Thanks for the response! This was also my understanding but wanted confirmation. My Trust is a grantor trust and the beneficiaries are not market knowledgeable so best to give them cash after the MLP sale.