Intervivos trust vs POD/TOD

[topdoggerel]

What is the name of your state? Florida

I just completed being executor of my mother's estate in Iowa and it was comparatively easy because of the PODs we had set up in advance. My wife (and hence, I) will be the executor for her mother (who lives in FL). Her parents had set up matching inter vivos trusts in 1980, her father died in the 90s, and I am wondering what the tradeoffs would be for moving the stock and bond accounts out of her mother's trust and making them POD accounts. All assets go equally to her 3 daughters and no one else. We know we must keep the house in her name. Would I likely simplify my life down the road if I moved the brokerage accounts to POD status instead? Thanks for any advice or pointers to discussions of this topic. I found little helpful by googling this topic.

Topdoggerel

 

[curb1]

I think your plan is correct. Were you planning on making the three daughters the beneficiaries on the POD accounts? Was your mother one of the three daughters, or was she the fourth daughter? How do the "three daughters" feel about this? You might think about closing or consolidating the brokerage accounts while she is living. Everything is much simpler while people are living.

 

[topdoggerel]

curb1,
Thanks for the reply. Mother-in-law has 3 daughters, one is my wife. Haven't talked to other two sisters-in-law yet, pending opinions on whether this is a useful move. Yes, while mother-in-law is alive and well (now) is when I would propose to close out the account that is in the name of the inter-vivos trust and convert into a individual account with the daughters named as 3 equal POD recipients. Shouldn't be any tax consequences of that change. And I assume that since all the brokerage holdings are divisible shares, the brokerage firm would execute the POD by creating 3 identical accounts with 1/3 the assets in each and retitling them. Quick, clean, basis stepped up, ready to go.
Nothing would need to be done with the old trust because it would be unfunded and moot.
I would just need to be diligent in finding everything that was titled in the trust's name.
Can you think of anything else? Thanks in advance.

Topdoggerel

 

[curb1]

Is the house in the trust at this time? It should be and titled in the name of the trust.

 

[topdoggerel]

curb1,
Ah, but this is Florida, land of chads and curious real estate laws. If you register for homestead exemption, they can't raise your taxes by more than 3% per year no matter how much the assessed value goes up! But trusts have no homestead exemption and the taxes would move from $2000/year to 10-12,000/year if the house were in the trust. So, we'll have to deal with the messy parts of estate settlement in exchange for tax savings. That's Florida!

Topdoggerel

 

[curb1]

OK, interesting. Good luck.