Ilene L McCauley

Ilene L McCauley

Legal expertise with a human touch.
  • Estate Planning, Probate, Business Law ...
  • Arizona
Review This Lawyer
Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
Ben E. Connor
Reviewed by Ben E. Connor July 2, 2020
Rating: 10 Justia Lawyer Rating - 10 out of 10
Ilene is truly the lawyer's lawyer. I know that many attorney's, including myself, consider Ilene the go to lawyer when they need assistance with a difficult legal matter.
Claimed Lawyer ProfileOffers Video ConferencingQ&AResponsive Law
Biography

Ilene L. McCauley has been a member of the State Bar of Arizona since 1982. She has been certified by the Arizona Board of Legal Specialization as a Certified Specialist in Taxation since 1983. She was named “Top Estate Planning Attorney” in the Valley 2011 through 2020 and has a “superb” rating from AVVO since 2015.

Ms. McCauley is a member of Wealth Counsel. She was selected by the Tax Advisory Commission to serve an appointment on the Tax Advisory Commission of the State Bar of Arizona. She was formerly appointed to the position of Adjunct Professor at the Estate and Wealth Strategies Institute at Michigan State University and has taught advanced tax, business, and estate planning courses via the internet.

Ms. McCauley earned her BA from Binghamton University; her JD from Hofstra University School of Law; her LLM (Masters of Law in Taxation) from DePaul University School of Law and her second post-doctoral degree in Advanced Tax and Estate Planning from the Esperti-Peterson Institute.

Practice Areas
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Tax Law
    Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
Video Conferencing
  • Zoom
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Arizona
State Bar of Arizona
Placeholder image for jurisdictions.
U.S. Supreme Court
Placeholder image for jurisdictions.
Languages
  • English
Professional Experience
Ilene L. McCauley Ltd.
Current
Education
Hofstra University
J.D.
Hofstra University Logo
DePaul University
LL.M. | Masters of Law in Taxation
DePaul University Logo
Awards
Best Probate Attorneys in Scottsdale
Expertise
Top Rated Lawyer
Avvo
Top Lawyers 2020
North Valley Magazine
Professional Associations
State Bar of Arizona
Member
Current
Placeholder image for professional associations.
Wealth Counsel
Member
Current
Placeholder image for professional associations.
Certifications
Certified Specialist in Tax Law
Arizona Board of Legal Specialization
Websites & Blogs
Website
Ilene L. McCauley, Ltd.
Legal Answers
46 Questions Answered
Q. Can you get an EIN for a Revocable Living Trust prior to the Trustee's death.
A: Thank you for your question. EIN and TIN are the same and are applied for on the same application. The answer is you CAN get an EIN (Employer Identification Number) or TIN (Tax Identification Number) for a Trust, but it generally is not a good idea. When the Trustor is alive, the Trust uses the Trustor's social security number and that way the IRS knows that all of the income belongs to the Trustor. The 1040 income tax return shows that income. If you get a TIN before death, the application triggers the need for the Trustor to file form 1041, income tax return for trust. This process is complicated. It will make your job harder not easier. When the Trustor dies, that is the time to apply for the TIN for the Trust. The fiduciary files the final 1040 for the decedent. The Trustee must then file a 1041 for the trust, for income received AFTER the Trustor's death. Speak to your trust attorney and/or your CPA for additional guidance.
Q. Mom & husband were married. Their house was in a trust. He passed away. Mom lived there a couple more years alone.
A: Based upon the information you provided, the distribution is an inheritance to all parties. However, there is more information you need to know. Even though the asset is an inheritance, there may be capital gains tax which must be paid upon the sale of the house. The house got a new basis when your mom's husband died. The difference between the value of the house on the date of his death and the sale price of the house, if it is greater, will be capital gains. The gain will either be paid by the trust, or it can sometimes be divided between the recipients. 1/2 to mom. 1/2 to her husband's children. There is no way for me to know. My advice is to work with a qualified CPA who understands trust accounting to calculate the capital gains, and how the the capital gains tax will be paid. I strongly urge you not to do this yourself.
Q. I filed TOD deed, but now want to transfer the property into my trust. Does quitclaiming into the trust cancel the TOD?
A: I understand that you believe that this type of transaction should be simple. Unfortunately real estate transfers are never simple. I strongly urge you to have your estate planning attorney review what you have done, in light of what you want to do with the property. Then, your attorney can prepare the documents necessary to properly implement your plan.
View More Answers
Contact & Map
Ilene L. McCauley Ltd.
9777 N. 91st St
C-103
Scottsdale, AZ 85258
Telephone: (480) 296-2036
Fax: (480) 284-8401
Monday: 9 AM - 4 PM
Tuesday: 9 AM - 4 PM
Wednesday: 9 AM - 4 PM
Thursday: 9 AM - 4 PM
Friday: 9 AM - 4 PM
Saturday: Closed
Sunday: Closed (Today)
Toggle tool

There are no recently viewed profiles.

There are no saved profiles.

There are no profiles to compare.