Corporate Transparency Act Filing Requirements Reinstated: Act Now
Originally posted on Forbes.com Overview The Corporate Transparency Act (CTA) filing requirements have been reinstated and most filings will now be due January 13, 2025 instead of the […]
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Post-Election – A New View of Estate Planning
This article was originally posted on Steve Leimberg’s Business Entities Email Newsletter Archive Message #3159. A Trump victory suggests that it is unlikely that significant new taxes will be imposed on the […]
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Trump Presidency: Yes, Estate Planning Is Still Important
Originally posted on Forbes.com President Trump’s Victory Means Estate Planning Changes, Not That it Should Be Ignored With President Trump’s victory, and Republican control of the Senate and […]
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Step-Transaction and Reciprocal Trust Doctrines: Planning Before 2026, or Earlier if Laws Change
Originally posted in NAEPC Journal of Estate and Tax Planning. Many tax hurdles can undermine intended planning. This can be especially nettlesome if planning has to be done quickly. […]
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My Trainer Thinks All His Mom Needs Is A Simple Will
Originally posted on Forbes.com Introduction So, I joined a new gym and am working with a personal trainer. During any workout trainers and clients always shoot the breeze […]
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2025 Planning Should Begin Before the End of 2024: The Step Transaction Doctrine Can Undermine Last-Minute Plans
Originally published on The CPA Journal Planning for 2025 is becoming a hotter topic as the scheduled halving of the transfer tax exemption draws closer. But while many are […]
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CTA’s Updated FAQs: Treasury Department Requires Filing for Dissolved Entities
This article was originally posted on Steve Leimberg’s Business Entities Email Newsletter Archive Message #301. The Treasury Department updated its frequently asked questions on July 8, 2024. The big news: if the […]
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Biden 2025’s Green Book Proposals, if Enacted, Will Change Estate Planning as We Know It
This article was originally posted on Steve Leimberg’s Business Entities Email Newsletter Archive Message #3115. There is no way to determine which, if any, of the Biden proposals will be enacted, and […]
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Smaldino: Lessons to Consider on Structuring and Implementing Estate Planning
This article was originally posted on Steve Leimberg’s Business Entities Email Newsletter Archive Message #2924. Smaldino, a recent Tax Court decision, provides several important lessons for practitioners to consider about how to […]
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The Need for Trust Compilations – Organizing Planning for Clients
This article was originally posted on Steve Leimberg’s Business Entities Email Newsletter Archive Message #3032. The trust compilation can be used to identify ways to backstop, refine and administer the client’s estate […]
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Defining Descendants – Who Inherits Under Your Client’s Wills and Trusts?
This article was originally posted on Steve Leimberg’s Business Entities Email Newsletter Archive Message #3079. Who a client names as their beneficiaries is fundamental to carrying out their dispositive wishes. How their […]
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Corporate Transparency Act: Can Your CPA Or Wealth Adviser Help You Without Committing The Unauthorized Practice Of Law?
Originally posted on Forbes.com CTA and Estate Plans and Trusts The Corporate Transparency Act (“CTA”) is a mandate that requires most smaller closely held business entities to file […]
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Supreme Court Ruling In Loper Bright Changes Estate Planning
Originally posted on Forbes.com Federal Agency Regulations on Ambiguous Laws No Longer Get Deference A recent Supreme Court case will change the dynamic of key aspects of tax […]
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Supreme Court Rules In Favor of IRS on Insurance Funded Redemption: Revise Your Plan Now
Originally posted on Forbes.com Supreme Court Rules in Favor of the IRS On June 6, 2024, the U.S. Supreme Court issued a unanimous opinion on a closely held […]
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LGBTQ+ Estate Planning And Pride Month
Originally posted on Forbes.com Introduction Estate planning sometimes addresses the special needs of lesbian, gay, bisexual, transgender, and queer (“LGBTQ+”) people, or those who have family members in […]
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Trusts and Trustees Under the Corporate Transparency Act
This article was originally posted on Steve Leimberg’s Business Entities Email Newsletter Archive Message #296. Under the Corporate Transparency Act, certain information about the Beneficial Owners of certain ‘small’ entities must be […]
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FTC Ban On Noncompete Agreements May Undermine Your Estate Plan
Originally posted on Forbes.com Noncompete Agreements and Your Estate Plan Huh? What do the FTC and its new restrictions on noncompete agreements have to do with estate planning? […]
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Free Webinar: Ensuring Client Legacy by Rethinking the Estate Planning Process
Date and Time: April 25, 2024 4:00-5:00 pm EST Register Here Course Description: Estate planning and wealth management have evolved over the years, and advisors must adjust their practices to […]
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Defensive Estate Planning Practices: Practical Strategies
Date and Time: March 18, 2024 10:00 am EST Register Here Course Description: Defensive practice is critical for all estate planners. The risk profile of the discipline has […]
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Biden 2025 Budget Proposal Could Slash What Your Heirs Get
Originally posted on Forbes.com President Biden issued his budget proposal on March 11, 2024. The document’s full title is “General Explanations of the Administration’s Fiscal Year 2025 Revenue Proposals.” […]
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Free Webinar: NIMCRUT Basics: When and How to Use the Net-Income with Make-up Charitable Remainder Unitrust
Date and Time: Thursday, April 4, 2024 4:00-5:30pm EST Register Here Course Description: Charitable Reminder Trusts (CRTs) are a powerful and flexible financial, tax, charitable and estate planning […]
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Corporate Transparency Act Declared Unconstitutional in New Case
Originally posted on Forbes.com The Corporate Transparency Act (CTA), a burdensome new law that would require some 32 million closely held businesses to file invasive information with the Financial […]
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Should You Be A Personal Representative or Trustee?
Originally posted on Forbes.com Introduction So, Aunt Jane just asked you to be the trustee of her trust. You were flattered and, of course, accepted. But what did […]
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Free Webinar: Planning with SLATs and SLANTs Ahead of TCJA Sunset
Date and Time: Thursday March 28, 2024 4-5:30 pm EST Register Here Course Description: The end of 2025 will result in the gift, estate and GST tax exemption being […]
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Ethical, Moral Or Perhaps Just Thorny Personal Issues In Estate Planning
Originally posted on Forbes.com Introduction Ethical questions arise during many estate plans. Sometimes, these are ethical issues that you and/or your family may have to grapple with. Sometimes, […]
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Free Webinar: Overview of Charitable Giving Techniques
Date and Time: Thursday March 14, 2024 4-5pm EST Register Here Course Description: Charitable giving is a vital component of many estate, tax, financial and related plans. This webinar will […]
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IRS Memo Has Chilling Effect on Irrevocable Trust Modifications
Originally posted on WealthManagement.com A recent Chief Counsel Memorandum (CCM) issued by the Internal Revenue Service may have a chilling effect on modifications to all types of irrevocable trusts. CCM 202352018 […]
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Free Webinar: Neurodiversity & Brain Health: What You Need to Know to Help Clients and Work with Colleagues
Date and Time: Thursday February 29, 2024 4pm-5pm EST Register Here Course Description: How many clients do you have living with chronic illness or neurological conditions? How many colleagues […]
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Will Contract: Should You Have One?
Originally posted on Forbes.com What Is a Will Contract? What is a “will contract,” and why might you care? A will contract is an agreement you might make […]
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Corporate Transparency Act: What To Do About Uncooperative People Named in Trusts?
Originally posted on Forbes.com Introduction and Background Let’s start with a quick refresher to set the stage for an important issue confronting many people who have created trusts. […]
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Estate Plan In The New Year
Originally posted on Forbes.com Yes You Have to Update Your Planning Estate planning is about as much fun as getting a root canal. Unless there is a strong […]
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Basic Estate Planning Documents: Overview and Planning Considerations
Originally posted in NAEPC Journal of Estate and Tax Planning Professional articles and webinars so often focus on new developments, complex or creative new planning ideas, as practitioners are […]
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Corporate Transparency Act: What You Really Need To Do
Originally posted on Forbes.com The Corporate Transparency Act (“CTA”) is upon us. January 1 all new entities have to register with the FinCEN. Unless Congress acts to defer filings […]
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New IRS Ruling: Can’t Modify A Trust To Add A Tax Reimbursement Clause
Originally posted on Forbes.com Introduction to the CCA In a recent Chief Counsel Advice (CCA) issued November 28, 2023 the IRS took the position that modification of a […]
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Five Recent Corporate Transparency Act Changes – A Christmas Gift (Mostly) from FinCEN and the House of Representatives
This article was originally posted on Steve Leimberg’s Business Entities Email Newsletter Archive Message #288. There have been five major events relating to the Corporate Transparency Act: 1) Reporting companies formed during […]
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Immediate Actions Needed for Transparency Act Planning
This article was originally posted on Steve Leimberg’s Business Entities Email Newsletter Archive Message #283. The Corporate Transparency Act (“CTA”) is scheduled to be effective January 1, 2024, and there are important […]
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Corporate Transparency Act November 8th Regulations
This article was originally posted on Steve Leimberg’s Business Entities Email Newsletter Archive Message #282. On November 8th, the Treasury Department dashed the hopes of a great many professionals who have wished […]
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Corporate Transparency Act: Implications to Estate Planning
This article was originally posted on Steve Leimberg’s Business Entities Email Newsletter Archive Message #280. The Corporate Transparency Act (“CTA”) is a new federal law that will impact the owners, principles and other […]
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Proposed Billionaire ($100 Million) Tax: Is It Just The First Step?
Originally posted on Forbes.com Introduction Senator Wyden has proposed new taxes to tap the very rich. One goal is to stop a common tax plan (some call it […]
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Act Before Year End: Corporate Transparency Act is Coming!
Originally posted on Forbes.com Immediate Action Advisable The Corporate Transparency Act (“CTA”) is a new federal law that may affect you in significant and unexpected ways. Since the […]
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Your Estate Plan Must Be Coordinated To Work
Originally posted on Forbes.com Coordination is Critical and Often Ignored Everyone understands the need for certain critical estate planning documents such as a will (and perhaps a revocable […]
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Free Webinar: Estate Planning, Technology and Ethical Issues
Date and Time: Thursday, October 12, 2023 4-5:30 pm ET Register Here Course Description: Identity theft, phishing, QR-phishing, voice mail/phone scamming, social engineering (calls and actions to convince employees […]
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Trust’s Incorrect Tax Form Forfeited Large Tax Refund Claim: A Lesson For Trustees
Originally posted on Forbes.com Lesson To Learn So the moral of this tax tale is that you have to be careful about making sure you file the right […]
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Free Webinar: Why should I engage in planning now? Nothing is going to change, and the exemption is so high!
Date and Time: Thursday, September 21, 2023 4-5:00 pm ET Register Here Course Description: Practitioners are quite aware that in 2026 the Federal estate and gift, estate and GST […]
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Living Together But Unmarried: Can A Special Trust Protect You?
Originally posted on Forbes.com Living Together But Unmarried: Can A Special Trust Protect You? Lots of people live together outside of marriage. And as marriage rates have declined, […]
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Free Webinar: Revenue Ruling 2023-2 What It Means and What You Might Do?
Date and Time: September 7, 2023 4-5:30 pm ET Register Here Course Description: Do assets in an irrevocable grantor trust that are not included in the settlor’s gross estate […]
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Who Is Your Descendant: Who Inherits Under Your Will And Trusts?
Originally posted on Forbes.com Simple Definition of Descendant Here is a simple definition of “descendant” from a trust document: “References in this Trust Agreement to a person’s “children,” […]
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Should Couples Pool Their Assets: Common Advice May Be Dangerous
Originally posted on Forbes.com Should “I Love You” Mean Pooled Finances? There was a recent column in the financial press with financial advisers commenting on whether couples should […]
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“Be Independent” Should Be Your Estate Planning Motto: A Real Story
Originally posted on Forbes.com Independence, self-reliance, self-sufficiency, are all laudable goals for us as individuals. Independence is the hallmark of a well crafted and administered estate plan. A […]
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Business Owned Buyout Life Insurance Raises Tax Issues
Originally posted on Forbes.com Background In a recent case owners of a closely held business got bad news. It is common to have a closely held business own […]
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Free Webinar: Closely Held Business Buy-out Arrangements Should be Reviewed Immediately in Light of the Recent Connelly Case
Date and Time: June 29, 2023 4-5:00 pm ET Register Here Course Description: Practitioners should inform clients with buy sell redemption agreements about the recent Connelly v. IRS, No. […]
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Letter Of Instruction: Roadmap To Take This Important Estate Planning Step
Originally posted on Forbes.com You’ve completed all the estate planning documents your lawyer recommended, do you really need to take another step? Yep! A letter of instruction can be […]
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Amanda Koplin & Martin M. Shenkman: Mental Health Considerations for Financial Advisers, Attorneys, CPAs, and other Professionals
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #3041. Clients want a motivated, ambitious, type-A advisor who will work vigorously for their interests and […]
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Abigail O’Connor, Martin M. Shenkman and Jonathan G. Blattmachr on the New Corporate Transparency Act: A Quick Guide for Practitioners
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #273. The Corporate Transparency Act (CTA) introduces comprehensive reporting requirements for most closely held businesses […]
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Biden Administration’s Green Book Proposes Dramatic Estate Planning Changes
Originally published in The CPA Journal. CPAs Should Consider the Potential Impact The Biden Administration recently released its fiscal 2024 revenue proposal, which includes many dramatic changes that will […]
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Community Property Estate Planning Not So Simple
Originally posted on Forbes.com Some Background If you live in a community property state with your spouse, or if you had lived in a community property state with […]
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Step Transaction Doctrine May Ruin Your Estate Plan
Originally posted on Forbes.com The What Doctrine? While the step-transaction doctrine might sound arcane it is one of many tax constructs that might well undermine steps you might […]
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Analysis of the Biden Administration’s Fiscal Year 2024 Revenue Proposals
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #3209. President Biden has issued his budget on March 9, 2023, the “General Explanations of the […]
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How To Ruin Your Kids With A Lousy Estate Plan
Originally posted on Forbes.com Introduction Estate planning is primarily about the transmission of wealth. However, it should be about much more. Many people don’t want to delve into […]
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5 Biggest Mistakes on Health Care Proxies
Originally posted on Forbes.com Everyone age 18 and over should have a health care proxy document signed (think kids off to college, and yourself, not just an elderly parent). […]
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Back End Slats – A SLAT, ILIT, DAPT, Or SPAT By Another Name?
Originally posted on Forbes.com We lawyers love fancy names and acronyms. It keeps the estate planning process mythical and a bit veiled. Reality is, many of the fancy names […]
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Clean Out Your Estate Planning Attic Introduction
Originally posted on Forbes.com Cleaning out your attic is one of those unpleasant projects that is typically delayed, deferred, and dodged as long as possible. Not much fun. The […]
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Administration’s Greenbook Proposal Will Make Trust Reporting Horrendous: Privacy Is Dead
Originally posted on Forbes.com Introduction to the Proposal The Biden Administration has just issued the “General Explanations of the Administration’s Fiscal Year 2024 Revenue Proposals.” While some pundits […]
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Free Webinar: My trust has been paying state income tax forever. Can I reduce or avoid state income tax?
Date and Time: March 16, 2023 4-5:00 pm ET Register Here Course Description: State income taxes can be onerous. Rates can reach 14%+ and the effects of a high state […]
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Corporate Transparency Act Affects Your Estate Plan
Originally posted on Forbes.com Introduction A recent federal law, the Corporate Transparency Act (not so affectionately called by the acronym “CTA”) may have a significant and perhaps disturbing […]
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Considerations for Representation In Blended Family and Second Marriage Scenarios
Originally posted on Trustsandestates.com Attempting to address all the planning concerns of married couples can be difficult, but there are added complexities, considerations and risks when the parties have been […]
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Free Webinar: Serving an Aging Clientele – Medicaid and Other Planning
Date and Time: March 9, 2023 4-5:15 pm ET Register Here Course Description: This 75-minute practical webinar will cover topics critical to practitioners serving our aging population: What is Elder […]
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Grantor Trust: Tired Of Paying Income Tax On Trust Income?
Originally posted on Forbes.com Introduction Grantor trusts are groovy. They have so many potential benefits that they are the cornerstone of many, maybe even most estate plans. Grantor […]
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Crypto Donations Now Need An Appraisal
Originally posted on Forbes.com Cryptocurrency Donations More Complicated Donating cryptocurrency and getting a charitable contribution deduction has just gotten more complicated and costly as a result of a […]
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Free Webinar: Improving Existing Irrevocable Trusts: Decanting, Reforming and Other Practical Planning Implications
Date and Time: Monday January 30, 2023 4-5:00 pm EST Register Here Course Description: This webinar will discuss why all advisers should think about decanting, reformation, trust protector actions and […]
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Tax Reimbursement Clauses: What They Are And Why You Need To Know
Originally posted on Forbes.com Introduction Tax reimbursement clauses are a common clause in many trusts. Why are they used? Why are they important for you to understand? […]
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Estate Planning New Year’s Resolutions
Originally published in wealthmanagement.com Here’s a sample letter encouraging clients to formulate commitments for 2023. New Year’s is a time for resolutions, and estimates are that one-third of Americans […]
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New Year’s Estate Planning Resolutions
Originally posted on Forbes.com Make your estate planning New Year’s resolutions now! So, you thought New Year’s resolutions were for losing weight and giving up eating corn dogs. […]
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Make Your Power Of Attorney Checkup A New Year’s Resolution
Originally posted on Forbes.com Your Power of Attorney document is an essential part of your planning and personal protection. Introduction New Year’s is a great time to […]
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The CPA’s Role in Protecting Aging or Incapacitated Individuals
This article discussed the role a CPA can serve in helping clients as they age. With the growing epidemics of identity theft and elder financial abuse, planning your finances and […]
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Free Webinar: Year End Estate Planning
Date and Time: Thursday December 22, 2022 4-5:30 pm ET Register Here Course Description: Year-end tax planning 2022 is different from prior years. Practitioners might recommend traditional annual gift planning […]
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Seventeen Steps Estate Planners Can Take to Avoid Malpractice Claims
Originally published in wealthmanagement.com. Defensive practices and planning ahead is key. Troubling statistics, based on a Profile of Legal Malpractice Claims study published by the ABA’s Standing Committee on […]
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Free Webinar: Year-End Estate and Tax Planning 2022
Date and Time: Thursday December 8, 2022 4-5:30 pm EST Register Here Course Description: 2022 is quickly coming to a close and there are still valuable tax and estate […]
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Gift, Estate And GST Exemption Amount Increased: How To Plan Now
Originally posted on Forbes.com Introduction The gift, estate and generation skipping transfer (“GST”) tax exemption will increase substantially in 2023. What does that mean for your estate planning? […]
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Blended Families Using Spousal Lifetime Access Trusts
Originally posted on Forbes.com Spousal lifetime access trusts (SLATs) are a common estate planning tool but raise nettlesome issues especially for blended families. Why So Many Taxpayers have SLATs […]
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Free Webinar: 3 Life Insurance Planning Ideas: Levine Split-Dollar, Clawback, & SLATs to Help Estate Planners and Insurance Consultants
Date and Time: Thursday, November 3, 2022 4-5:30 pm ET. Register Here Course Description: This presentation will discuss three possible approaches that estate planning professionals, and in particular, insurance professionals, […]
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Free Webinar: Current SLAT Planning Ideas to Better Serve Clients Secure Exemption and More
Date and Time: September 21, 2022 4-5:30pm ET Register Here Course Description: Asset protection planning remains vital for many if not most clients. For the past few years clients have been hyper […]
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Cautionary Tale Highlighting the Importance of Defensive Estate Planning Practices
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2979. Raia v. Lowenstein Sandler, LLP – Thoughts on a Recent Malpractice Case, addressed how […]
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Free Webinar: Cybersecurity Measures You MUST Take Now: Practical and Actionable Guidance
Date and Time: September 8, 2022 4-5pm ET Register Here Course Description: Are you and your practice properly and sufficiently protected from the growing epidemic of cyberthreats? Probably not! One in three […]
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Flexible Beneficiary Trusts: Reducing Income Tax on Non-Grantor Trusts
Originally Published in ACTEC Law Journal. Introduction This article will discuss some of the potential income tax disadvantages of non-grantor trusts and how they might be avoided or […]
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Is Your Irrevocable Trust In Need Of A Facelift?
Originally posted on Forbes.com Do you know what is in your old Trust documents? Introduction Recently a financial adviser requested that I review an insurance trust for […]
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Overlooked Issue In Many Estate Plans: Powers Of Appointment
Originally posted on Forbes.com Technical but Common and Important This is a bit complicated, but don’t dismiss this as it may very well affect your estate plan and the […]
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Sarcoidosis: Estate And Related Planning
Originally posted on Forbes.com What is Sarcoidosis: Sarcoidosis (pronounced SAR-COY-DOE-SIS) is an inflammatory disease characterized by the formation of granulomas—tiny clumps of inflammatory cells—in one or more organs of […]
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Free Webinar: Make More Money: Automating Drafting Estate Planning Documents
Date and Time: August 9, 2022 4-5pm ET Register Here Course Description: You CAN automate drafting of estate planning in your practice. Regardless of the size or complexity of client matters […]
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Shoemakers With Barefoot Children: What Estate Planners Need to Know About Their Own Planning
Originally posted to Tax Management Estates, Gifts and Trusts Journal. Too many estate planning attorneys are simply living as the barefoot shoemaker. This article won’t introduce planning concepts that are […]
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Human Aspects of Estate Planning
Too often estate planning focuses on technical nuances of complex tax matters, or intricate legal issues, drafting finesse and almost anything other than the human aspects of estate planning. These […]
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Proposed Clawback Regs May Undermine Some Estate Planning
Originally published in wealthmanagement.com. Which tax-free transactions will trigger an estate tax if the taxpayer dies after the higher exemption amount sunsets? Recently issued proposed clawback regulations (Proposed Treasury […]
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Free Webinar: Representing Spouses in Blended or Stepfamilies: Planning and Ethical Landmines
Date and Time: May 10th, 2022 4:00 pm ET Register Here Course Description: Estate planning for clients who have blended or stepfamilies often presents significant and perplexing challenges for estate […]
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56th Annual Heckerling Institute Meeting Notes
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2953. Attending the 56th Annual Heckerling Institute on Estate Planning was another virtual experience. While we […]
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Revocable Inheritance Trust: Inexpensive Divorce Protection
Originally posted on Forbes.com Introduction So you’re married. You received a gift from Aunt Jane while she was alive. Your dad bequeathed you a generous sum of money on […]
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Biden Greenbook Estate Tax Proposals: Should You Care?
Originally posted on Forbes.com Yet Another Tax Proposal The Biden administration released its budget and tax proposals on March 28, 2022. This is called the “General Explanations of […]
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Free Webinar: Split-Dollar Life Insurance Planning After the Levine Case
Date and Time: April 5th, 2022 4:00 pm ET Register Here Course Description: A recent Tax Court case gave a resounding victory to the taxpayer who had pursued what some […]
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Levine Case Greenlights Split-Dollar Life Insurance Planning
Originally posted on Forbes.com Introduction to the Roadmap A recent Tax Court case gave a resounding victory to the taxpayer who had pursued what some might view as […]
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Better Estate Planning
Practical observations from the field, including: – Illustrations of holistic planning – Building the planning foundation – Planning fatigue – What a better approach can provide – Intelligent, not “simple” […]
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Modern Trusts: Fiduciary and Non-Fiduciary Positions
Modern trust drafting and planning is changing how irrevocable trusts should be planned, drafted, and administered, and how practitioners should advise clients. One of the significant ways in which trust […]
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The Modern Revocable Trust
The high federal estate tax exemption may have reduced the urgency of estate tax planning, but it does not reduce its critical importance. Herewith, an examination of the broad utility […]
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New Year’s Present: ATRA 2012
Congress gave us all the lovely New Year’s gift of a new tax act. For most taxpayers it’s a wonderful gift that will change the face of planning. For the […]
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Living Trusts for those with Chronic Illnesses
Although revocable living trusts are nearly ubiquitous in estate planning, their typical use is to minimize ancillary probate or to avoid probate entirely. Whatever the merit and value of these […]
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Physician Wealth Planning: Modernizing the Advisor’s Toolbox
Originally appeared in Estate Planning, a Thomson Reuters publication. Copyright 2012 Thomson Reuters/Tax & Accounting. Although physicians generally take advantage of the newest medical advances when care for their patients, […]
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Pro Athlete Clients: Spring Training for Estate Planners
Originally appeared in Estate Planning, a Thomson Reuters publication. Copyright 2012 Thomson Reuters/Tax & Accounting. Pro athletes require financial and estate planning similar to most high net worth clients. However […]
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Estate Planning Ideas for Clients with Pulmonary Disease
Originally appeared in Estate Planning, a Thomson Reuters publication. Copyright 2011 Thomson Reuters/Tax & Accounting. Why does an estate planner need to understand the impact of chronic obstructive pulmonary disease […]
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Role of Guarantees and Seed Gifts in Family Installment Sales
Originally appeared in Estate Planning, a Thomson Reuters publication. Copyright 2010 Thomson Reuters/Tax & Accounting. Intra-family sale transactions have become almost ubiquitous in estate planning for larger estates. In particular, […]
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Planning Options to Help Families Fund a Child’s Education
Originally appeared in Estate Planning, a Thomson Reuters publication. Copyright 2003 Thomson Reuters/Tax & Accounting. Saving for college costs is a priority for many clients. The 2001 Tax Act made […]
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Avoiding the Investment Company Trap When Forming FLPs and LLCs
Originally appeared in Estate Planning, a Thomson Reuters publication. Copyright 1999 Thomson Reuters/Tax & Accounting. Although family limited partnerships (FLPs) and limited liabilities companies (LLCs) (sometimes referred to collectively in […]
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Life Insurance in Light of Democratic Tax Proposals
Originally appeared in Estate Planning, a Thomson Reuters publication. Copyright 2021 Thomson Reuters/Tax & Accounting. Estate planners and their clients anxiously await learning what changes may be made to the […]
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Client Gift of Vacation Home to SLATs: Valuable Technique but Traps to Consider
Originally appeared in Estate Planning, a Thomson Reuters publication. Copyright 2021 Thomson Reuters/Tax & Accounting. Some 7.4 million Americans own a second home. Planning for these assets is important […]
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Advising Clients About Addiction Matters
Originally appeared in Estate Planning, a Thomson Reuters publication. Copyright 2020 Thomson Reuters/Tax & Accounting. Many more clients of estate planners, or their immediate family members, are struggling with […]
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State Income Taxation of Trusts: Some Lessons of Kaestner
Originally appeared in Estate Planning, a Thomson Reuters publication. Copyright 2019 Thomson Reuters/Tax & Accounting. On 6/21/2019, the Supreme Court of the United States published its decision in North […]
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Use Trusts to Bypass Limit on State and Local Tax Deduction
Originally appeared in Estate Planning, a Thomson Reuters publication. Copyright 2018 Thomson Reuters/Tax & Accounting. Many deductions allowed to an individual for federal income tax purposes for certain expenses […]
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Free Webinar: Administration of Irrevocable Trusts: Practical Tips for Practitioners
Date and Time: March 9, 2022 4:00 pm ET Register Here Course Description: How can practitioners (CPAs, wealth advisers, attorneys, insurance consultants) assist clients in the operation and administration of […]
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Free Webinar: Understanding Life Insurance: And No, It Is Not Boring: Practical Discussion of Insurance Fundamentals and Practical Planning
Date and Time: Wednesday, February 23, 2022, 4 p.m. ET Register Here Course Description: Life Insurance is a ubiquitous asset that has unique features and is uniquely (and favorable) treated […]
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Wellin v. Nixon, Peabody, LLP – Case Lessons on Defensive Practice
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2934. While Wellin focuses on whether or not the statute of limitations would operate to bar […]
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Considerations for Non-Professional Fiduciaries
Trusts & Estate’s Magazine May 2020 When family members, friends and other nonprofessionals assume the role of fiduciary – whether it be for a trust or an estate – there […]
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Using Powers of Appointment in Trusts
Trusts & Estate’s Magazine June 2020 While we don’t know the outcome of the upcoming election, practitioners should counsel clients to plan in advance of possible adverse changes affecting the […]
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LGBTQ Planning Issues: Using a Special Trust Advisor
Trusts & Estate’s Magazine July 2020 The modern estate-planning attorney will represent a significant number of lesbian, gay, bisexual, transgender and queer (LGBTQ) clients or clients who have family members […]
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How to Make Your Practice More Diverse and Inclusive
Trusts & Estate’s Magazine February 2021 Would you like to increase the value of your practice? Diversity is the answer. No really. The more diverse and rich your life and […]
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Men, Mental Health and the Harsh Reality Affecting Planning
Originally posted on wealthmanagement.com Mental health issues, despite their common occurrence, are ignored in conferences and planning. One rarely discussed mental health issue that practitioners should be aware of is […]
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Encourage Clients to Compile Their “Legal Vault”
Originally posted on wealthmanagement.com During lockdown and the slow reopening, here’s another home project that will benefit your clients (and help you help them better). Your client will also be […]
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Heckerling… It’s a Wrap
Originally posted on wealthmanagement.com With the 2013 Heckerling Institute completed, perhaps a look back at the past week might be worthwhile. There have been, and will be, scores of articles […]
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Beware of the Reciprocal Trust Doctrine
Trusts & Estate’s Magazine April 2012 Many clients are planning to make large gifts before the end of 2012, to take advantage of what may be a fleeting opportunity to […]
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Sharia Inheritance Estate Plans
Trusts & Estate’s Magazine September 2021 As advisors, it’s important to be sensitive to our clients’ unique values and objectives. In many cases, a client’s planning considerations are motivated by […]
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The Split-Dollar Legacy Trust
Originally posted on wealthmanagement.com Every advisor is aware of the importance of clients making large gift transfers before 2013. Changes to the law are expected, including a reduction in the […]
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The Beatles and Estate Planning: Musings on the Heckerling Conference
Originally posted on wealthmanagement.com One of the themes of many of the presentations at Heckerling this year is the growing importance of income tax planning considerations to estate planning. Many […]
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The New Normal for Smaller Estates: How Tax Planning is Changing for These Types of Clients
Originally posted on wealthmanagement.com Certified public accountants tend to be practical folk, and they often view estate planning from a different lens than perhaps attorneys sometimes do. For my last column from […]
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Next Generation Tech for Estate Planning Lawyers
Trusts & Estate’s Magazine February 2021 Lawyers have long heard that they’ll be replaced by technology; however, over the past years, law firms have remained busy. The reality, however, is […]
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Deep Dive Into The Tax Cuts and Jobs Act – Part 1
Originally posted on wealthmanagement.com On Nov. 2, 2017, the House Ways and Means Committee issued H.R. 1, called “Tax Cuts and Jobs Act.” The proposed bill itself is about 430 […]
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How Neurologic Conditions Affect Planning
Trusts & Estate’s Magazine July 2014 Planning for the challenges of aging and disability is an integral part of what every estate planner addresses. However, what exactly does this […]
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What Estate Planning Should You Do Now That Congress Might Not Change Anything?
Originally posted on Forbes.com Changing Winds of Tax Legislation Congress was considering tax changes that would have triggered capital gains tax on death, when gifts were made, and […]
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Recent Tax Court Case Has Important Lessons On How To Do Estate Planning Right!
Originally posted on Forbes.com A recent Tax Court Case, Smaldino V. Commissioner Of Internal Revenue, T.C. Memo. 2021-127, November 10, 2021 has lots of important lessons on how to […]
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Wellin Malpractice Case Warns of a Danger Zone for Practitioners
Originally posted on wealthmanagement.com A recent unpublished opinion by the U.S. Court of Appeals for the Fourth Circuit, Estate of Wellin v. Farace et al., WL 5445968 (Nov. 22, 2021), […]
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Loans From An Irrevocable Trust: How To Do Them Right!
Originally posted on Forbes.com So, you have an irrevocable trust (or several) and you want to take a loan from the trust. While that might sound simple it really […]
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What Estate Planning Should Be Done Now That Congress Might Not Change Anything?
This article was originally posted on the ABA Real Property, Trusts and Estates Law Section RPTE E-Report and can be accessed as here. By: Martin M. Shenkman, Esq. and Joy Matak, […]
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After the Georgia Runoff, What Tax Planning Should You Do NOW!
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2854. With the results of the Georgia runoff election, the Democrats control the House, the Senate […]
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Charitable Remainder Trust Economics, and Deciding Whether to Use a CRT, Including for Plan and IRA Distributions
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #296. Charitable remainder trusts (CRTs) are probably the most common type of trust where interests are […]
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Sanders Tax Proposal: Analysis and Suggestions for Immediate Action
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2876. On March 25, 2021, Senate Budget Committee Chairman Bernie Sanders (I-VT) fired the opening salvo […]
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Self-Settled Trust Planning in the Aftermath of the Rush University Case
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #215. The Illinois Supreme Court recently held in the Rush University case that a self-settled trust […]
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Using Decanting and BDOT Provisions to Avoid a Peppercorn of Income Potentially Triggering State Income Tax on a Trust’s Entire Income
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #205. Generally, states can only tax the income of non-residents that is sourced to that state, […]
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The New Jersey Estate Tax Has Been Repealed, What’s Next?
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2467. The New Jersey estate tax will be phased out. The New Jersey estate tax exemption, […]
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Martin Shenkman’s Notes from the 41st Annual Notre Dame Tax and Estate Planning Institute
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2348. The 41st Annual Notre Dame Tax and Estate Planning Institute was held on September 17th […]
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Biden 2-Step for Wealthy Families: Why Affluent Families Should Immediately Sell Assets to Irrevocable Trusts for Promissory Notes Before Year-End and Forgive the Notes If Joe Biden Is Elected, A/K/A What You May Not Know About Valuing Promissory Notes and Using Lifetime Q-Tip Trusts
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2813. Wealthy individuals who postpone taking appropriate action to eliminate estate taxes may not be able […]
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Estate Planning Six Part Series for Late 2020, Part 6: Parting Thoughts on Planning and Practical Reminders
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2848. 2020 may very well be the best opportunity to implement planning strategies to mitigate federal […]
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Estate Planning Six-Part Series for Late 2020, Part 5: Use of Non-Grantor Trusts for Planning Benefits
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2846. 2020 may very well be the best opportunity to implement planning strategies to mitigate federal […]
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Estate Planning Six-Part Series for Late 2020, Part 4: Enhanced Techniques for Note Sales
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2845. 2020 is grinding to a close with uncertain federal elections pending the Georgia Senate runoff […]
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Estate Planning Six-Part Series for Late 2020, Part 3: Transfers for Taxpayers with Limited Exemption Remaining; Upstream and Downstream Planning
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2842. At this point in 2020, all we know for sure is that nothing is certain. […]
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Estate Planning Six-Part Series for Late 2020, Part 2: Year-End Planning for Married Taxpayers
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2841. Time may be of the essence for married taxpayers who want to protect their assets […]
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Estate Planning Six-Part Series for Late 2020, Part 1 – What Planners Should Be Doing with Their Clients NOW
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2840. Practitioners may still wish to encourage clients to consider estate and asset protection planning aggressively […]
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2020 Planning Means a Busy 2021 Gift Tax Return Season
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2858. Gift tax returns are often incredibly complicated with layers of issues, technical decisions, and disclosure […]
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Ten Portability Malpractice Traps Practitioners Should Consider
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #1880. Portability has been trumpeted by some in the media as one of the most significant […]
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How To Protect Your Wealth From The Lions, Tigers And Bears Waiting To Pounce In The Washington Tax Forest
Originally posted on Forbes.com While walking through the dark tax forest, are you scared from the noises coming from Washington? Are any taxing animals out there who might be […]
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President Biden’s Budget Includes Big Tax Increases That Will Rock Your Tax World
Originally posted on Forbes.com Introduction: President Biden released his administration’s proposed budget for fiscal year 2022. While spending focuses on infrastructure, clean energy, etc., it includes a host […]
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Insurance Trusts Will Be Very Different If Proposed Tax Legislation Passes
Originally posted on Forbes.com Some Background: Senator Bernie Sanders with others have proposed a tax bill “For the 99.5%” implying that only the top ½ percent of the […]
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Life Insurance And Insurance Trusts: What Should You Do Now Before Tax Laws Change
Originally posted on Forbes.com You Might Need to Plan Now Even if You’re Not Really Wealthy For wealth folks reviewing and beefing up insurance coverage and planning before […]
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Swap Powers In Your Irrevocable Trust: How Do You Properly Exercise Them?
Originally posted on Forbes.com What is a Swap Power and Why do you Care? A “swap power” is also called a “power to substitute.” It is a special […]
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After The Georgia Runoff What Tax Planning Should You Do NOW?
Originally posted on Forbes.com Plan Now: With the results of the Georgia runoff election in the Democrats Control the House, the Senate and the White House. So, the potential for […]
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How And Why To Create A Compilation Of Your 2020 Trusts Now!
Originally posted on Forbes.com So, you created one or more trusts in 2020 with interesting sounding acronyms: SLAT, DAPT, SPAT, etc. And now you are just happy to be […]
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Checklist 2020 Planning Follow Through: You Have More Work To Do
Originally posted on Forbes.com 2020 estate planning was a wild ride! Throngs of wealthy Americans had their advisers assist them with all types of planning. Much of the planning […]
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Spirit Of Holiday Giving Can Infuse Your Estate Plan
Originally posted on Forbes.com Stewardship and Charity: Charity, caring, giving, and helping others are all part of the holiday spirit. The holidays, perhaps particularly Christmas, are a time when […]
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Recission: Considerations and Applications for Planning in 2021
This article was originally posted on Steve Leimberg’s Estate Planning Email Newsletter as Archive Message #2909. The Federal Legislature is currently debating an additional $3.5 trillion reconciliation-based social funding plan, the […]
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Webinar: House Estate Tax Proposal Requires Immediate Action
The webinar, which will take place on Thursday, September 30th, 2021, at 4pm Eastern Time can be registered for here. The House Democrats are proposing a $3.5 trillion spending plan. […]
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House Estate Tax Proposal Requires Immediate Action
Originally posted on Forbes.com Recent Proposal The House Democrats are proposing a $3.5 trillion spending plan. To support that package the Democrats have proposed tax increases to fund a large portion […]
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Financial And Estate Planning Steps To Take Now: Special Considerations For Those With Brain Disease
Originally posted on Forbes.com Introduction: Covid-19 or Coronavirus has created health worries and fear for everyone. For those with underlying health issues, which include multiple sclerosis, Parkinson’s disease, […]
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How To Use Exemption Now: Checklist For Spousal Lifetime Access Trusts (SLATs)
Originally posted on Forbes.com Reality Check: With the coronavirus spreading, the stock market crashing and the evening news instilling fear, its really hard to think about estate planning. True. […]
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Power Of Attorney: An Essential Legal Document You May Have To Prepare Yourself
Originally posted on Forbes.com What is a Power of Attorney: It’s a legal document you sign and appoint a person, called your agent, to handle legal, tax and financial […]
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Coronavirus: Living Wills And Health Proxies – What Steps Should You Take Now
Originally posted on Forbes.com Coronavirus Impact on Your Key Legal/Health Care Decision Documents: Coronavirus, novel Coronavirus, or COVID-19 is a novel viral infection that can cause severe pulmonary insufficiency […]
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Single Clients: Planning Considerations
The webinar, which will take place on Wednesday, July 28th, 2021, at 4pm Eastern Time can be registered for here. Too often planning articles and conferences use a “Cleaver […]
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Addictions and Impaired Clients: Estate and Related Planning Considerations
The webinar, which will take place on Wednesday, July 14th, 2021, at 4pm Eastern Time can be registered for here. Drug use is on the rise in this country and […]
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Tax Court Nailed Taxpayer’s Insurance Plan: Morrissette Case And What It Means
Originally posted on Forbes.com Introduction to Morrissette The recent Tax Court decision in the Estate of Morrissette v. Commission, T.C. Memo 2021-60 (May 13, 2021) put the kibosh on […]
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The Van Hollen Gains at Death, Gift or Distribution from a Trust Bill (STEP): Your World May be Rocked!
Senator Chris Van Hollen and others have introduced a bill (called STEP) that would cause gain recognition on assets transferred by gift, by a distribution from a trust and upon […]
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Tangible Personal Property: Planning, Drafting, Tax, and Practical Considerations
Every estate includes tangible personal property: cash, clothes, jewelry, furnishings, vehicles, pets, artwork, gold, alcohol, boats, electronics, cars, wine, guns, etc. Challenges you may face are as varied as the […]
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GA Runoff Elections Concluded: Anticipated Tax Changes Affecting Estate Planning for this and Future Years
The tax world is likely to change (yet again!) and if so, that will have far-reaching economic effects. You and your clients need to be prepared…not later this year, not […]
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Post-Election Estate Planning: What to Do For Clients In November and December of 2020
The 2020 election demonstrated that the projected Democratic sweep did not occur. Former Vice President Biden won the Presidency but that is still being challenged. The Republicans have control of […]
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GRATs – How To Use and Structure GRATs in Late 2020
Grantor Retained Annuity Trusts (“GRATs”) are a powerful planning tool especially in an environment with low-interest rates and suppressed asset values. But there is much more to how GRATs should […]
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8 Tech Traps and Tips Every Practitioner Must Know Now that You’ve Tackled Remote Working
Practitioners have had to reimagine their firms with remote work environments, and soon a new form of office environment that will include remote work. Practitioners must balance the needs of […]
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CRTs: Planning Options for Clients with Existing CRTs
At its inception, a Charitable Remainder Trust (CRT) is a good fit for a client’s situation. But a CRT is an irrevocable trust—its terms cannot be changed—but investment performance and […]
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Life Insurance – Practical Planning Ideas for Late 2020
This webinar will discuss practical life insurance planning ideas for the last part of 2020. With the prospects of a change in administration in Washington (or not) that could result […]
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Note Sale/QTIP Creative Planning Opportunities for 2020 For Clients Hesitant to Plan
Wealthy individuals who wait to take planning action to eliminate estate taxes may lose the ability to use their current $11,580,000 estate and gift tax exemption. While no one can […]
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CRTs: The Basics and Beyond a 90 minute Deep Dive
Charitable Remainder Trusts (“CRTs”) have become a common planning discussion topic lately, perhaps in large part to the consideration of using CRTs as beneficiaries of IRAs now that the Secure […]
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Executing Estate Planning Documents During the Pandemic and the Slow Return to the “New Normal”
The current COVID-19 pandemic has made it more important than ever for individuals to establish (or update) their core estate planning documents. These core documents will generally include a will […]
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Free Webinar Materials: SECURE Act and CRTs, BDITs and QSSTs: Good Opportunities for Some Clients
Course Description: The Secure Act changed how many clients should plan for and name beneficiaries of retirement assets. This webinar will set the foundation of why tax free compounding over […]
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Free Webinar Materials: SLATs – How To Plan and Draft One of the Most Useful Documents for Married Clients
Course Description: Spousal lifetime access trusts (“SLATs”) planning can provide tremendous planning benefits for many married clients. They may well be the most popular technique to plan for married clients […]
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Financial Steps, Estate Planning, and More to Help You or a Loved One Living With Cancer During COVID-19
Sponsored by the American Cancer Society The American Cancer Society does not provide professional or legal advice. Seek the advice of your own legal, tax, or financial advisor. Uncertain times […]
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Investment Location Planning: Tax, Estate and Asset Protection Considerations
NAEPC Journal of Estate and Tax Planning May 2020 Introduction Asset location (which “investment bucket” a particular asset is held in) deserves more attention than ever in the current planning […]
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Managing Finances, Estate Plans and More during Uncertain Times: Part III
The Michael J. Fox Foundation May 11, 2020 Editor’s Note: Martin M. Shenkman, CPA, MBA, PFS, AEP, JD, is an attorney in private practice focusing on estate and tax planning […]
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Managing Finances, Estate Plans and More during Uncertain Times: Part II
The Michael J. Fox Foundation May 8, 2020 Editor’s Note: Martin M. Shenkman, CPA, MBA, PFS, AEP, JD, is an attorney in private practice focusing on estate and tax planning […]
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Managing Finances, Estate Plans and More during Uncertain Times: Part I
Michael J. Fox Foundation May 6, 2020 Editor’s Note: Martin M. Shenkman, CPA, MBA, PFS, AEP, JD, is an attorney in private practice focusing on estate and tax planning and […]
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Slow Return to the New Normal and Different Approaches to Signing/Executing Estate Planning Documents
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2794 Date:11-May-20 From:Steve Leimberg’s Estate Planning Newsletter Subject:Martin M. Shenkman, Jonathan Blattmachr, Andrew Wolfe & Thomas A. Tietz on the Slow […]
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Webinar: Tech and Remote Work: More Practical and Actionable Tips You Can Take Now!
Working remotely has challenges and as we have all spent more than a month doing so what tips can make you more efficient and productive now? This webinar will give […]
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Review Irrevocable Trusts for Potential Enhancements through Modification
American Bar Association Fall 2019 Martin M. Shenkman and Sandra D. Glazier Historically, an irrevocable trust was just that, irrevocable. We would explain the concept of an irrevocable trust to […]
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Using Technology For The Modern Estate Planning Practice
American Bar Association Summer 2019 Thomas Tietz, Barron K. Henley, and Martin M. Shenkman Authors Thomas Tietz, Barron K. Henley, and Martin M. Shenkman address a variety of vital issues […]
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The Uber Version of Estate Planning for Seniors
American Bar Association Fall 2018 Martin M. Shenkman, Esq. and Jonathan G. Blattmachr, Esq. Authors Martin Shenkman and Jonathan Blattmachr examine how estate planners can use technology as an important […]
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Webinar: Core Estate Planning Documents During COVID
Every practitioner is familiar with the common or “core” estate planning documents: powers of attorney, living will, health care proxy, will and revocable trust. But how might Covid-19 uniquely impact […]
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Webinar: Tech, Remote Work and More: What Estate Planners Need to Know Now
How to work remotely – lots of practical tips from estate planners (with different views and approaches) and a tech expert to help you now. How to build an electronic […]
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Ten Steps for Reviewing Life Insurance With Clients
WealthManagement.com Apr 22, 2020 Susan Joy Bruno, Marc Minker, Martin M. Shenkman Panicking in the face of a pandemic (or any dramatic event) is a terrible way to manage a […]
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Managing the Remote Law Practice and Other Practical Administrative Considerations during Coronavirus
Steve Leimberg’s Estate Planning Email Newsletter Archive Message #2789 Date:17-Apr-20 Subject: Mary Vandenack, Martin Shenkman & Jonathan Blattmachr on Managing the Remote Law Practice and Other Practical Administrative Considerations during […]
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Estate Planning for Vacation Homes
WealthManagement.com Apr 07, 2020 Bronwyn X. Martin, Martin M. Shenkman There are 7.4 million Americans who own a second home . Planning for these assets is important to the estate-planning […]
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Seven Steps to Perform a Successful ‘Wallet Dump’
WealthManagement.com Apr 07, 2020 Susan Joy Bruno, Marc Minker, Martin M. Shenkman With most of the country on lockdown, clients are likely going stir-crazy while getting used to the new […]
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Eight Steps for Updating Health Care Documents
WealthManagement.com Mar 25, 2020 Joy Bruno, Marc Minker, Martin M. Shenkman With cases of the coronavirus on the rise in the United States, it’s important for clients to be prepared, […]
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When’s the Right Time to Sell a Family Business?
WealthManagement.com Nov 14, 2019 Martin M. Shenkman, Michael Richmond Estate planning too often focuses on minimizing the transfer taxes that might be incurred on a family business when a founder […]
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How to Determine a Realistic Value for Your Client’s (or Your Own) Business
WealthManagement.com Nov 06, 2019 Martin M. Shenkman, Michael Richmond Knowledge of a company’s true value is essential for business owners and their advisors to assure that the client will receive […]
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Assisting Clients Who’ve Received a Cancer Diagnosis
WealthManagement.com Oct 16, 2019 Amanda Koplin, Martin M. Shenkman The stats are significant. According to the National Cancer Institute, one in three women and one in two men will receive […]
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Grief: Financial and Estate-Planning Services
WealthManagement.com Oct 02, 2019 Wendy Z. Cox, Martin M. Shenkman Advisors need to understand and talk about grief to better serve their clients. There are many types of grief. Most […]
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Nevada Court Denies Permission to Decant Trust
WealthManagement.com Aug 07, 2019 Martin M. Shenkman Merging or decanting an old trust into a new and improved trust has become so popular that some have pushed the edges seeking […]
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Final Regs Zap $10,000 Annual SALT Limitation Workaround
WealthManagement.com Jun 25, 2019 Richard L. Fox, Jonathan G. Blattmachr, Martin M. Shenkman The Internal Revenue Service just issued final regulations (final regs) which, consistent with the proposed regulations (proposed […]
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Wealth Advisor Interviews: Questions Clients Should Ask
WealthManagement.com Jun 13, 2019 Martin M. Shenkman A successful estate plan will often require as its foundation a successful financial plan. For example, with longevity risk if the client does […]
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How Withdrawal Rates Affect Estate Planning
WealthManagement.com May 14, 2019 Martin M. Shenkman Deciding on an appropriate withdrawal rate in retirement could have a profound impact on a client’s estate plan, especially in the current environment. […]
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Employee vs. Independent Contractor
WealthManagement.com Apr 02, 2019 Alan Gassman, Martin M. Shenkman What’s the distinction between characterizing someone as an employee or independent contractor? Perhaps more importantly, do you as a wealth advisor […]
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How to Create a Meaningful and Successful Client Relationship
WealthManagement.com Mar 27, 2019 Stanley H. Teitelbaum, Martin M. Shenkman Proper planning not only requires skilled expertise in legal, tax and financial matters, but keen attention to the emotional impact […]
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Trust Income Tax Basics
WealthManagement.com Mar 21, 2019 Martin M. Shenkman Trusts are ubiquitous in asset protection and estate planning. Regardless of a client’s wealth level, he should be using trusts to avoid problems […]
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Should Inheritances be Equal or Fair?
WealthManagement.com Mar 14, 2019 Stanley H. Teitelbaum, Martin M. Shenkman A common issue for those trying to plan an estate, especially the dispositive provisions of a will or revocable trust, […]
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Disinheriting an Heir
WealthManagement.com Mar 12, 2019 Stanley H. Teitelbaum, Martin M. Shenkman Disinheritance creates complicated issues for many families. There are myriad ways to leave assets to heirs, so there are many […]
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Tips on Drafting Retainer Agreements for Couples
WealthManagement.com Feb 22, 2019 Sandra D. Glazier, Martin M. Shenkman When a couple starts to work with an advisor to engage in estate planning, it’s advisable for the intake process […]
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Use Retainers Agreements to Establish Good Communication Policies
WealthManagement.com Feb 25, 2019 Sandra D. Glazier, Martin M. Shenkman Clear and open communication is key to getting the facts necessary to effectively represent a client. The retainer agreement/engagement letter […]
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How the 2017 Tax Act Changed the Tax Consequences of Marriage and Divorce
WealthManagement.com Jan 18, 2019 Thomas Tietz Thomas A. Tietz, an associate in the Law Firm of Martin M. Shenkman, P.C., sat in on Carlyn McCaffrey’s presentation at the 2019 Heckerling […]
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IRS Announces No Clawback of Gift Tax Exemption
WealthManagement.com Nov 21, 2018 Martin M. Shenkman, Jonathan Blattmachr Encourage clients to plan before the 2026 sunset of increased exemptions. Read his commentary here.
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The Benefits of Incomplete Non-Grantor Trusts
WealthManagement.com Dec 03, 2018 William D. Lipkind, Martin M. Shenkman, Jonathan G. Blattmachr An incomplete non-grantor trust is a powerful planning tool; not just for the super wealthy, but for […]
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Fourteen Tips for More Flexible Trusts
WealthManagement.com Nov 07, 2018 Louis S. Harrison, Kim Kamin, Martin M. Shenkman If you were creating a trust 100 years ago, what would have been on your mind? World War […]
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How Tax Law Changes Affect Value of Home Ownership
WealthManagement.com Oct 09, 2018 Martin M. Shenkman, Alan Gassman The 2017 Tax Act made a host of changes that apply to homeowners, with the primary impact being the loss of […]
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Send Client Letter About Self-Settled DAPTs Post Wacker
WealthManagement.com Apr 05, 2018 Martin M. Shenkman, Alan Gassman Some have interpreted the recent Alaska decision in Toni 1 Trust v. Wacker, 2018 WL 1125033 (Alaska, Mar. 2, 2018) as […]
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Tax Reform Opens the Door for Multi-Purpose ILITs
WealthManagement.com Jan 29, 2018 Barry D. Flagg, Thomas Tietz, Martin M. Shenkman The Tax Cuts and Jobs Act brings direct changes to the tax treatment of insurance and significant indirect […]
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Life Insurance Planning After Tax Reform
WealthManagement.com Jan 19, 2018 Barry D. Flagg, Thomas Tietz, Martin M. Shenkman The Tax Cuts and Jobs Act was signed into law by President Trump on December 22, 2017. The […]
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Wealth Planning After the New Tax Law – Part 1
WealthManagement.com Jan 02, 2018 Martin M. Shenkman, Jonathan G. Blattmachr, Joy Matak, F. Ladson Boyle How to employ ESBTs as part of an overall wealth transfer strategy. Read their commentary […]
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Tax Reform Proposals for Pass-Through Entities
WealthManagement.com Dec 12, 2017 Martin M. Shenkman, Joy Matak The House and Senate have proposed very different approaches to reduce taxes on pass-through entities. Each approach is complex, and introduces […]
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Gift Tax Considerations for Crowdfunding
WealthManagement.com Nov 10, 2017 Martin M. Shenkman, Bernard A. Krooks, Jonathan G. Blattmachr While the amounts solicited in many online campaigns are modest, the dollars involved across the spectrum of […]
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Estate Planning Implications of the GOP Tax Plan
WealthManagement.com Nov 06, 2017 Martin M. Shenkman, Joy Matak On Nov. 2, 2017, the House Ways and Means Committee issued H.R.1 called “Tax Cuts and Jobs Act.” Here’s a review […]
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Legacy Planning Is Changing
WealthManagement.com Oct 30, 2017 Philip Cubeta, Thomas Rogerson, Martin M. Shenkman Fewer clients need estate tax planning. Automated service platforms and artificial intelligence are making it more difficult for investment […]
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Deduction for Death Investigation Denied as “Hobby Loss”
WealthManagement.com Oct 17, 2017 Martin M. Shenkman An estate is generally permitted a tax deduction for costs incurred with respect to the production or collection of income. However, the primary […]
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Be Mindful of Joint Representation: Take steps to protect attorney-client privilege
WealthManagement.com Oct 17, 2017 Martin M. Shenkman Caution is in order when multiple clients are considering hiring the same law firm to represent them in a matter. If the clients’ […]
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Crowdsourcing Tax Confusion
WealthManagement.com Oct 20, 2017 Martin M. Shenkman, Bernard A. Krooks, Jonathan G. Blattmachr In the wake of any tragedy, charitable efforts to help victims often come with a sense of […]
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U.S. v. Balice: IRS Successfully Pierced Trust
WealthManagement.com Sep 05, 2017 Martin M. Shenkman The Internal Revenue Service successfully pierced the trust created by a taxpayer to satisfy a tax lien on the basis that the trust […]
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Beware of the Risks of Assuming the Role of Guardian
WealthManagement.com Aug 23, 2017 Martin M. Shenkman A New Jersey case evaluated the performance of a court-appointed guardian for an incompetent ward. A charity (The Society for the Propagation of […]
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Having Tough Client Conversations About Health Issues
WealthManagement.com Jul 26, 2017 Martin M. Shenkman Every estate and financial planner must ask and discuss tough issues with clients. One of the toughest centers around the client’s health. Without […]
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SLATs Provide Flexible Plans for Many Clients
WealthManagement.com May 15, 2017 Andrew T. Wolfe, Martin M. Shenkman In the current environment of uncertainty, many married clients should consider implementing non-reciprocal spousal lifetime access trusts (SLATs). This strategy […]
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Communicating to Clients About Planning Uncertainty
WealthManagement.com Jan 27, 2017 Martin M. Shenkman, Andrew T. Wolfe, Alan A. Davidson From a federal estate tax perspective, there hasn’t been much tax uncertainty since 2012. There’s also never […]
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An Estate Planner’s 11 Tips for the New Year
WealthManagement.com Jan 18, 2017 Martin M. Shenkman New Year’s resolutions are easier said than done right? Much like taking your own advice. So, I decided to sit down and write […]
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Impact of Federal Estate Tax Repeal: Planning for 2017 and Beyond
WealthManagement.com Jan 03, 2017 Martin M. Shenkman, Andrew T. Wolfe, Alan A. Davidson In our prior article in this series , we explored the inter-relationship of a decoupled state (using […]
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Repeal and Uncertainty Impacts Estate Administration
WealthManagement.com an 06, 2017 Martin M. Shenkman, Andrew T. Wolfe, Alan A. Davidson The situation described in the preceding two articles in this 4-part series could significantly affect both estates […]
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New Jersey (and Other) State Estate Tax Changes
WealthManagement.com Dec 15, 2016 Martin M. Shenkman , Andrew T. Wolfe , Alan A. Davidson This is Part 1 of a 4-part article on the interplay of changes to state […]
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Proposed 2704 Regulations: “Commercially Reasonable Restriction Exclusion”
WealthManagement.com Aug 29, 2016 Martin M. Shenkman The proposed Internal Revenue Code Section 2704 regulations (the “regs”) prevent taxpayers from considering a range of restrictions that could otherwise reduce the […]
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Religion and Estate Planning
WealthManagement.com Sep 27, 2016 Martin M. Shenkman Showing sensitivity to a client’s religious concerns should be an integral component of estate planning. Religious goals can be achieved by integrating a […]
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Pre-Election Estate Tax Proposals: Clinton vs. Trump
WealthManagement.com Jul 18, 2016 Martin M. Shenkman Are major estate tax law changes in the offing? Perhaps, but my Ouija board smoked when I asked the question. So, barring that […]
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Using GRATs Prior to the Effective Date of the 2704 Proposed Regulations
WealthManagement.com Aug 16, 2016 Martin M. Shenkman On Aug. 4, the Treasury Department issued proposed regulations (the regulations) that restrict or eliminate valuation discounts for family-owned businesses under Internal Revenue […]
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Advising Clients With Pulmonary Hypertension
WealthManagement.com Feb 29, 2016 Martin M. Shenkman I was recently asked by the Pulmonary Hypertension Association to present a webinar on estate and financial planning for those living with pulmonary […]
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Safeguard Trusts from Future Ex-Spouse of Beneficiary
WealthManagement.com Jan 05, 2016 Martin M. Shenkman Trusts are ubiquitous in planning, and one of the most common motivations for the use of trusts is to minimize the risk that […]
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Trust Friendly States
WealthManagement.com Sep 15, 2015 Martin M. Shenkman Most folks (and lawyers) tend to set up trusts in the state where they live and their lawyer practices. While this might seem […]
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A Symphony of Collaboration is the Key
WealthManagement.com Sep 1, 2015 Martin M. Shenkman Jonathan Clements wrote the following in a recent article in Financial Planning, “To Beat Robos, Stop Selling Fantasies,” Aug. 31, 2015: “Many traditional […]
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Consistency in Reporting Tax Basis for Income and Estate Tax
WealthManagement.com Sep 24, 2015 Martin M. Shenkman The process of determining the value of estate assets, and filing the required estate tax return, might all be complicated by recent law […]
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Advising Clients with Solo Professional Practices
WealthManagement.com Jun 12, 2015 Martin M. Shenkman Practicing as a solo can be incredibly rewarding, even in this era of mega firms. However, solo practitioners face unique risks, issues and […]
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Dissolving an FLP/LLC: Part I
WealthManagement.com Jul 20, 2015 Martin M. Shenkman Family limited partnerships (FLPs) and family limited liability companies (LLCs) have been a mainstay of estate and related planning for decades. FLPs and […]
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Gifts under Powers of Attorney
WealthManagement.com Aug 19, 2015 Martin M. Shenkman It’s common to include in a durable power of attorney (POA) the right for an agent (the person named to act on behalf […]
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Getting to Delaware
WealthManagement.com Sep 22, 2015 Martin M. Shenkman In my prior article , I discussed trust friendly jurisdictions and compared Delaware and New Jersey. But while using a trust friendly jurisdiction […]
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Catholic Considerations and Estate Planning
WealthManagement.com Oct 01, 2015 Martin M. Shenkman Pope Francis recently concluded a 10-day tour de force in the United States. He was met by huge crowds in spite of massive […]
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Safe Powers of Attorney
WealthManagement.com Jul 30, 2015 Martin M. Shenkman Powers of attorney (POAs) are one of the most basic and important estate planning documents. Even most nonprofessionals are well aware of what […]
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Unitrusts To the Rescue
WealthManagement.com Jul 01, 2015 Martin M. Shenkman Sometimes, it can be incredibly useful to have another arrow in your planning quiver. Consider the following: • A trust is set up […]
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Follow up with Clients Regarding Self-Settled DAPTs
WealthManagement.com Feb 04, 2015 Martin M. Shenkman This year’s Heckerling Institute on Estate Planning included an excellent session on asset protection. The bottom line appears to be that in spite […]
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Ensure Grantor Understands Trust Roles
WealthManagement.com Feb 02, 2015 Martin M. Shenkman Often, as estate-planning attorneys, we create irrevocable trusts for our clients. But our job shouldn’t end there. We need to make sure our […]
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Swap Powers: Consider some often overlooked practical and technical aspects
Trusts & Estate’s Magazine December 2015 Martin M. Shenkman & Bruce D. Steiner Grantor trusts and swap powers have become ubiquitous in trust planning. That frequent use, however, belies the […]
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Drafting and Updating Your Retainer Agreements
Trusts & Estate’s Magazine July 2017 Sandra D. Glazier & Martin M. Shenkman The practice of estate planning is evolving at a rapid pace. Practitioners should periodically review estate-planning retainer […]
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Rensin: Pigs Get Fat, But What About a Hippo – How an FTC Judgment, a Transported Offshore Trust and Florida Annuity Purchases All Caused the Perfect Storm for a Unique and Noteworthy Bankruptcy Court Opinion
Steve Leimberg’s Asset Protection Planning Email Newsletter – Archive Message #390 Date: 26-Aug-19 From: Steve Leimberg’s Asset Protection Planning Newsletter Subject: Alan Gassman, Martin M. Shenkman, Wesley Dickson & Joe […]
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Campbell v. Commissioner – Tax Court Concludes that the IRS Cannot Reach Assets in an Old and Cold Self-Settled Offshore Trust
Steve Leimberg’s Asset Protection Planning Email Newsletter – Archive Message #389 Date: 05-Aug-19 From: Steve Leimberg’s Asset Protection Planning Newsletter Subject: Alan S. Gassman, Martin M. Shenkman & Joe Cuffel […]
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IRS Final Regulations Nullify $10,000 Annual SALT Limitation Workaround Attempts by States and Political Subdivisions
Steve Leimberg’s Income Tax Planning Email Newsletter – Archive Message #180 Date: 17-Jun-19 From: Steve Leimberg’s Income Tax Planning Newsletter Subject: Richard L. Fox, Martin M. Shenkman & Jonathan Blattmachr […]
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When is Rental Real Estate a “Trade or Business” Under 199A
Steve Leimberg’s Income Tax Planning Email Newsletter – Archive Message #175 Date: 18-Feb-19 From: Steve Leimberg’s Income Tax Planning Newsletter Subject: Alan Gassman & Martin Shenkman – When is Rental […]
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2019 Estate & Financial Planning Resolutions
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2694 Date: 08-Jan-19 From: Steve Leimberg’s Estate Planning Newsletter Subject: Martin M. Shenkman, Alan S. Gassman, Joy Matak and Lee Slavutin: […]
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Trust and Related Planning Post 2017 Tax Act
Steve Leimberg’s Income Tax Planning Email Newsletter – Archive Message #163 Date: 03-Dec-18 From: Steve Leimberg’s Income Tax Planning Newsletter Subject: Jonathan G. Blattmachr & Martin M. Shenkman: Trust and […]
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Intergenerational Split Dollar – Cahill Case Settled – Taxpayer Concedes on Split Dollar Valuation Issue
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2663 Date: 13-Sep-18 From: Steve Leimberg’s Estate Planning Newsletter Subject: Lee Slavutin, Richard Harris and Martin M. Shenkman: Intergenerational Split Dollar […]
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Proposed Regulations for 199A – The Good, The Bad, the Taxpayer-Unfriendly
Steve Leimberg’s Income Tax Planning Email Newsletter – Archive Message #152 Date: 13-Aug-18 From: Steve Leimberg’s Income Tax Planning Newsletter Subject: Alan S. Gassman, Martin M. Shenkman, Brandon L. Ketron, […]
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Intergenerational Split Dollar, Recent Adverse Decisions in Morrissette and Cahill – Where Do We Go from Here?
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2651 Date: 17-Jul-18 From: Steve Leimberg’s Estate Planning Newsletter Subject: Lee Slavutin, Richard Harris & Martin Shenkman: Intergenerational Split Dollar, Recent […]
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Toni 1 Trust v. Wacker: Reports of the Death of DAPTs for Non-DAPT Residents Is Exaggerated
Steve Leimberg’s Asset Protection Planning Email Newsletter – Archive Message #362 Date: 19-Mar-18 From: Steve Leimberg’s Asset Protection Planning Newsletter Subject: Jonathan Blattmachr, Matthew Blattmachr, Martin Shenkman & Alan Gassman […]
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Ketron: Using Multiple Entities to Reduce Income Taxes for Families Owning Personal Service Corporations Under Section 199A and Unique Concerns
Steve Leimberg’s Income Tax Planning Email Newsletter – Archive Message #136 Date: 12-Mar-18 From: Steve Leimberg’s Income Tax Planning Newsletter Subject: Alan Gassman, Martin Shenkman, Jonathan Blattmachr & Brandon Ketron: […]
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Summary of Selected Considerations After the 2017 Tax Act
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2628 Date: 20-Feb-18 From: Steve Leimberg’s Estate Planning Newsletter Subject: Martin Shenkman & Jonathan Blattmachr – Summary of Selected Considerations After […]
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DAPTs & Klabacka: At the Intersection of Estate Planning and Family Law
Steve Leimberg’s Asset Protection Planning Email Newsletter – Archive Message #357 Date: 01-Feb-18 From: Steve Leimberg’s Asset Protection Planning Newsletter Subject: Sandra D. Glazier, Martin M. Shenkman & Alan Gassman […]
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How ING Trusts Can Offset Adverse Effects of Tax Law: Part 2 – Gift tax and other issues
Trusts & Estate’s Magazine December 2018 William D. Lipkind, Martin M. Shenkman & Jonathan G. Blattmachr> Incomplete non-grantor (ING) trusts, transfers to which aren’t completed gifts and aren’t grantor trusts […]
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Estate Planning in the New Tax and Societal Environment: A holistic, yet practical, view of recent changes
Trusts & Estate’s Magazine October 2018 Lisa R. Featherngill, Thomas Tietz, & Martin M. Shenkman Much has already been written about the tax changes made by the Tax Cuts and […]
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Trust Planning After the New Tax Law: New perspectives that may be useful to some clients
Trusts & Estate’s Magazine February 2018 Martin M. Shenkman & Jonathan G. Blattmachr President Donald J. Trump signed into law the Tax Cuts and Jobs Act of 2017 (the Act) […]
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Legacy Planning Teams: Lessons learned from family offices, private banks and best-of-breed teams of independents
Trusts & Estate’s Magazine November 2017 Philip Cubeta, Thomas Rogerson & Martin M. Shenkman Legacy planning is changing. Fewer clients need estate tax planning. Robo-advisors and artificial intelligence are making […]
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Joint/Dual Representation: Add protections to your retainer agreements to reflect challenges involved
Trusts & Estate’s Magazine August 2017 Sandra D. Glazier & Martin M. Shenkman The practice of estate planning is evolving at a rapid pace. Practitioners should periodically review estate-planning retainer […]
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Planning in a Time of Uncertainty: Part II
Trusts & Estate’s Magazine February 2017 Jonathan G. Blattmachr & Martin M. Shenkman The election of Donald J. Trump as President, along with a Republican-controlled House and Senate, may lead […]
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Psychological Issues of Bequests
Trusts & Estate’s Magazine July 2016 Stanley H. Teitelbaum & Martin M. Shenkman In crafting an estate plan, many clients struggle with sleepless nights caused by wrenching emotional issues pertaining […]
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Planning for an Individual With Asperger Syndrome
Trusts & Estate’s Magazine April 2016 Martin M. Shenkman, Neil D. Blicher, Anthony R. Bartlett & Dania Jekel Asperger syndrome (AS) is a neurological condition on the autism spectrum. It’s […]
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Planning in a Time of Uncertainty: Part I
Trusts & Estate’s Magazine January 2016 Jonathan G. Blattmachr & Martin M. Shenkman T he· election . of Donald J. Trump as our 45th President was largely unexpected. While it’s […]
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Catholic Considerations and Estate Planning
Trusts & Estate October 1, 2015 Martin M. Shenkman Religious issues are too often overlooked in the estate-planning process. For the nearly 70 million Catholics living in America, about one […]
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Powers of Attorney for Our Aging Client Base: Ancillary steps to enhance the agent’s function and prevent abuse
Trusts & Estate’s Magazine July 2015 Martin M. Shenkman & Jonathan G. Blattmachr The population is aging, as are our clients. Planning for the infirmities and challenges that often accompany […]
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Boomers and Beatles: Planning for “When I’m 64”
Trusts & Estate’s Magazine February 2015 Martin M. Shenkman Retiring baby boomers, as they age, will change the face of estate planning just as they’ve changed the face of so […]
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How ING Trusts Can Offset Adverse Effects of Tax Law: Part I: Completed gifts or not, their time has arrived
Trusts & Estate’s Magazine September 2018 William D. Lipkind, Martin M. Shenkman & Jonathan G. Blattmachr The Tax Cuts and Jobs Act (the Act) has radically changed income and […]
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The Gumby Trust: Creating Flexibility Fourteen recommendations to consider for our exponentially changing world
Trusts & Estate’s Magazine October 2018 Louis S. Harrison, Kim Kamin & Martin M. Shenkman The 2017 Tax Cuts and Jobs Act (the Act) dramatically changed trust planning. But […]
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Trust Planning After the New Tax Law
Trusts & Estate’s Magazine February 2018 Martin M. Shenkman and Jonathan G. Blattmachr President Donald J. Trump signed into law the Tax Cuts and Jobs Act of 2017 (the […]
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Team Culture – Achieving the 5Cs of teaming and value-add for clients
Trusts & Estate’s Magazine July 2019 Martin M. Shenkman, S. Mark Alton, Daniel K. Zismer & and Ben Utecht Rapid and persistent advances in technology are increasingly threatening the […]
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Effective Planning for a Family With Special Needs Considerations
Trusts & Estate’s Magazine June 2019 Ann Koerner & Martin M. Shenkman The importance of collaborative professional practice is essential when consulting with families with special needs considerations. Too […]
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Document Assembly Systems: Friend or Foe?
Trusts & Estate’s Magazine February 2019 Jonathan G. Blattmachr & Martin M. Shenkman Document assembly systems (DAS) automate the creation of documents by generating them from intelligent templates. Do […]
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Estate and Tax Planning Roadmap for 2019-2020
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2745 Date: 03-Sep-19 From: Steve Leimberg’s Estate Planning Newsletter Subject: Estate and Tax Planning Roadmap for 2019-2020: Martin M. Shenkman, Jonathan […]
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Changing Domicile: Tech And New Social Norms Change The Steps You Should Document
Originally posted October 2019 on forbes.com Changing your domicile, the place you intend to permanently live, has been an important part of the tax, estate and legal planning forever. Avoiding […]
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Estate Planning Before 2020 Election: Maybe Only One Spouse Should Make Gifts
Originally posted October 4, 2019 on Forbes.com One of the most common estate planning tools is right now are non-reciprocal spousal lifetime access trusts (“SLATs”). We’ll explain that common planning […]
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SECURE Act – Planning Ideas for Practitioners to Consider
Steve Leimberg’s Estate Planning Email Archive Message #720 Date:24-Feb-20 Subject: Martin M. Shenkman, Jonathan G. Blattmachr, Robert S. Keebler & Joy Matak on the SECURE Act – Planning Ideas for […]
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Martin Luther King Day – Do More than Observe It
Martin Luther King Day is observed on Monday January 20, 2020. Wikipedia explains this day as follows: “King was the chief spokesperson for nonviolent activism in the Civil Rights Movement, which successfully […]
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Don’t Leave It All on the Field – Why Athletes Require Special Planning
“The professional athlete needs the same sound foundation of financial and estate planning that all wealthy clients require. However, the professional athlete typically faces many unique circumstances that must be […]
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SECURE Act’s New IRA Rules: You Might Need To Change Your Estate Plan
Originally posted on Forbes.com Introduction and Action Steps The Setting Every Community Up for Retirement Enhancement Act of 2019, called the “SECURE Act” makes significant changes to how IRAs […]
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Free Webinar – Planning for Business Exits from C Corporations; Intrafamily Business Transactions; Other Developments – Wednesday, December 18, 2019 at 12:00 PM EST
Lower C corporation income tax rates have increased attention to the Code § 1202 exclusion for gain on sale of stock. We will discuss how that, and related provisions work, […]
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When is Rental Real Estate a “Trade or Business” Under 199A?
Steve Leimberg’s Income Tax Planning Email Newsletter Archive Message #175 Date:18-Feb-19 Subject: Alan Gassman & Martin Shenkman – When is Rental Real Estate a “Trade or Business” Under 199A? “The […]
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Intergenerational Split Dollar – Recent Adverse Decisions in Morrissette and Cahill, Where Do We Go from Here?
Steve Leimberg’s Estate Planning Email Newsletter Archive Message #2651 Date:17-Jul-18 Subject: Lee Slavutin, Richard Harris & Martin Shenkman – Intergenerational Split Dollar – Recent Adverse Decisions in Morrissette and Cahill, […]
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Estate and Tax Planning Roadmap for 2019-2020
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2745 Date: 03-Sep-19 From: Steve Leimberg’s Estate Planning Newsletter Subject: Estate and Tax Planning Roadmap for 2019-2020: Martin M. Shenkman, Jonathan […]
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Catholic Estate Planning
WEALTH PLANNING>ESTATE PLANNING Catholic Considerations and Estate Planning Taking into account religious issues Martin M. Shenkman | Oct 01, 2015 Pope Francis recently concluded a 10-day tour de force in […]
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Free Webinar: Kaestner Case and State Income Taxation of Trusts
Date and Time: Monday July 1, 2019 12 noon EST Course Description: You are invited to listen to a complimentary in-depth discussion of a case of extreme importance. The Supreme […]
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Free Webinar: Christian Estate Planning
Date and Time of Webinar: Wed, Jun 19, 2019 3:00 PM – 4:00 PM EDT. Description: Each component of a client’s estate and financial plan can embody their Christian values, […]
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Free Webinar: Current Developments Jan-Apr 2019, New Ideas and More
Date and Time of Webinar: Wed, Jun 19, 2019 12:00 PM – 1:30 PM EDT. Description: This 90-minute program will review new cases, rulings, news articles and more from the […]
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Does Your Estate Plan Fall Prey To 3 Big Tax Issues?
Martin Shenkman Contributor Forbes.com In a recent email exchange with a colleague, Richard (Dick”) Oshins, Esq. who practices in Las Vegas NV, Dick identified what he thinks are three of […]
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Protecting Aging And Infirm From Financial Abuse: Practical Steps To Take Now
Martin Shenkman Contributor Forbes.com · Elder financial abuse is a serious growing risk there are practical steps you can take to protect loved ones at risk. People are aging and […]
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Estate Planning is Risky Business: What Should You Do?
Martin Shenkman Contributor Forbes.com Estate planning is inherently fraught with risk and uncertainty, but some practical steps may mitigate some issues. Get Real about Planning Risk. When you think “Risky […]
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Sanders Estate Tax Proposal: Estate Planning Steps to Take Now
Martin Shenkman Contributor Forbes.com Bernie Sanders estate tax proposal may foreshadow what Dems may propose if they can. What steps should you take now? Get off the planning couch and […]
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Raia v. Lowenstein Sandler LLP – Thoughts on a Recent Malpractice Case
Steve Leimberg’s Estate Planning Email Newsletter Archive Message #2725 Date:16-May-19 Lowenstein Sandler LLP – Thoughts on a Recent Malpractice Case “A recent New Jersey malpractice case, Raia v. Lowenstein Sandler […]
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The Bernie Sanders Estate Tax Proposal – Might it Foreshadow Future Democratic Proposals?
Steve Leimberg’s Estate Planning Email Newsletter Archive Message #2715 Date:04-Apr-19 “While few, if any, believe the estate tax bill proposed by Sanders could be enacted with the current Trump White […]
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Estate Planning Updates and Planning Nuggets January – April 2019
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2728 Date: 04-Jun-19 From: Steve Leimberg’s Estate Planning Newsletter Subject: Martin M. Shenkman & Jonathan Blattmachr: Estate Planning Updates and Planning […]
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Disinheriting an Heir
Stanley H. Teitelbaum and Martin M. Shenkman, contributors for WealthManagement.com Give your client options to help deal with tough emotional issues. Disinheritance creates complicated issues for many families. There are […]
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Martin Shenkman’s 2019 Heckerling Notes
Reprinted from Steve Leimberg’s Estate Planning Email Newsletter January 2019 Over the course of many years, LISI has been delighted to provide members with Marty Shenkman’s notes from the proceedings […]
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New Year’s Estate & Financial Planning Regulations
Reprinted from Leimberg Information Services, Inc. January 8, 2019 “This newsletter is intended to provide clients with ideas how to enhance their planning in the new 2019 year. It can […]
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How To Ruin Your Estate Plan By Signing A Stupid “Standard” Form
Martin Shenkman Contributor Forbes.com Revocable trusts are about as common to estate planning as peanuts at a ballgame. These are contractual agreements between you (called the Settlor or Grantor) and […]
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Estate Planning New Year’s Resolutions By An Estate Planner
Martin Shenkman Contributor Forbes.com So, we estate planners have perfect estate and financial plans and nary a worry. Not! Most professionals are like the proverbial shoemaker with the barefoot children. […]
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Trusts, Buy-Sells, Prenups: A Rubik’s Cube Of Traps And Worries
Martin Shenkman Contributor Forbes.com Your estate planning, including business buy-sell arrangements, trusts, prenups, are all intertwined, and all affected by the 2017 Tax Act, often in surprising and odd ways. […]
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Can You Cut Income And Estate Taxes With A Trust Called An ING?
Martin Shenkman Contributor Forbes.com Adviser phones are r-ING-ing off the hook with questions about INGs. Taxpayers seem to love the hot item of the day. Now, I love a good ING as […]
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Charity In The New Estate Tax Environment: How To Save Tax Deductions
Martin Shenkman Contributor Forbes.com The 2017 Tax Act doubled the estate tax exemption and basically eliminated the tax benefits for charitable bequests for most donors. But creative planning can both […]
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Charitable Giving: How To Save Tax Deductions Despite New Law
Martin Shenkman Contributor Forbes.com New Tax Law: New Charitable Planning The Tax Cut Jobs Act of 2017 changed the landscape for charitable giving. While charitable giving has never only been motivated […]
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Powerful Strategies For Charitable Giving After Tax Reform
Martin Shenkman Contributor Forbes.com New World of Charitable Planning The non-tax benefits of charitable giving should be, and often are, important to motivating and planning donations. Most donors, other than […]
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Four Workarounds to SALT Deduction Limits in Light of IRS Proposed Regulations
Martin Shenkman Contributor Forbes.com IRS regulation restricts contributions in lieu of state tax payment to avoid SALT restrictions, but options remain daring taxpayers living in high tax states that have […]
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Video: Trust Planning in the Current Environment-Part 2
Speakers: Jonathan Blattmachr, Esq. and Martin M. Shenkman, Esq. -How has trust and related planning changed in the current planning environment? -When and how should grantor or non-grantor trusts be […]
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Video: Trust Planning in the Current Environment-Part 1
Speakers: Jonathan Blattmachr, Esq. and Martin M. Shenkman, Esq. -How has trust and related planning changed in the current planning environment? -When and how should grantor or non-grantor trusts be […]
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Highlights of the Wolters Kluwer Financial and Estate Planning Advisory Board Meeting
Reprinted from Estate Planning Review – The Journal November 20, 2018 A 35 page review of income tax, financial and estate planning and other practical ideas on a wide range […]
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The Uber Version of Estate Planning for Seniors
Reprinted from ABA – American Bar Association e-report by Martin M. Shenkman, Esq. and Jonathan G. Blattmachr, Esq. October 2018 This article describes many ways seniors and those with health […]
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The Gumby Trust: Creating Flexibility
Reprinted from Trusts & Estates Magazine by Louis S. Harrison, Kim Kamin & Martin Shenkman October 2018 Provides many creative ideas to make existing or new trusts and estate plans […]
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Trusts and Related Planning Post 2017 Tax Act
Reprinted from Leimberg Information Services, Inc. by Jonathan G. Blattmachr and Martin M. Shenkman December 3, 2018 “In the wake of the Tax Cut Jobs Act of 2017 (‘Act’), the […]
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Free Webinar: INGs: Extraordinary Planning Tool to Reduce Income Tax Even for Those in Income Tax Free States
Date and Time of Webinar: Wednesday, November 14th at 3:00 p.m. Description: Incomplete non-grantor trust (“ING” Trusts), called “DINGs” if in Delaware, “NINGs” If in Nevada, and so on, […]
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Martin Shenkman’s Day 2 Notes from the 44th Annual Notre Dame Tax and Estate Planning Institute
Reprinted from Leimberg Information Services, Inc. Oct 22, 2018 The 44th Annual Notre Dame Tax and Estate Planning Institute was held on October 11th 12th at the Century Center in […]
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Martin Shenkman’s Day 1 Notes from the 44th Annual Notre Dame Tax and Estate Planning Institute
Reprinted from Leimberg Information Services, Inc. Oct 15, 2018 The 44th Annual Notre Dame Tax and Estate Planning Institute was held on October 11th 12th at the Century Center in […]
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Send Client Letter About Self-Settled DAPTs Post Wacker
Sample language to use. Martin M. Shenkman , Alan Gassman | Apr 04, 2018 Some have interpreted the recent Alaska decision in Toni 1 Trust v. Wacker, 2018 WL 1125033 (Alaska, Mar. 2, 2018) as a death knell to […]
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Toni 1 Trust v. Wacker – Reports of the Death of DAPTs for Non-DAPT Residents Is Exaggerated
Steve Leimberg’s Asset Protection Planning Email Newsletter Archive Message #362 Date:19-Mar-18 Subject: Jonathan Blattmachr, Matthew Blattmachr, Martin Shenkman & Alan Gassman on Toni 1 Trust v. Wacker – Reports of […]
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Using Multiple Entities to Reduce Income Taxes for Families Owning Personal Service Corporations Under Section 199A and Unique Concerns
Steve Leimberg’s Income Tax Planning Email Newsletter Archive Message #136 Date:12-Mar-18 Subject: Alan Gassman, Martin Shenkman, Jonathan Blattmachr & Brandon Ketron – Using Multiple Entities to Reduce Income Taxes for […]
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Summary of Selected Considerations After the 2017 Tax Act
Steve Leimberg’s Estate Planning Email Newsletter Archive Message #2628 Date: 20-Feb-18 Subject: Martin Shenkman & Jonathan Blattmachr – Summary of Selected Considerations After the 2017 Tax Act *Recently Published on […]
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Heckerling Institute on Estate Planning 2018- Notes from Thursday, January 25th and Friday, January 26th
These notes were originally published in Steve Leimberg’s Estate Planning Email Newsletter Archive Message #2623. They can be viewed here.
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Heckerling Institute on Estate Planning 2018- Notes from Wednesday, January 24th
These notes were originally published in Steve Leimberg’s Estate Planning Email Newsletter Archive Message #2621. They can be viewed here.
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Heckerling Institute on Estate Planning 2018- Notes from Tuesday, January 23rd
These notes were originally published in Steve Leimberg’s Estate Planning Email Newsletter Archive Message #2620. They can be viewed here.
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Heckerling Institute on Estate Planning 2018- Notes from Monday, January 22nd
These notes were originally published in Steve Leimberg’s Estate Planning Email Newsletter Archive Message #2618. They can be viewed here.
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Tax Cuts and Jobs Act: Impact on Estate Planning and Ancillary Planning Areas
Tax Cuts and Jobs Act: Impact on Estate Planning and Ancillary Planning Areas By Martin M. Shenkman, Esq. Jonathan G. Blattmachr, Esq., and Joy Matak, JD, LLM Previously […]
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43rd Annual Notre Dame Tax and Estate Planning Institute Day 2 Notes
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2598 Date: 06-Nov-17 From: Steve Leimberg’s Estate Planning Newsletter Subject: Martin Shenkman’s Day 2 Notes from the 43rd Annual Notre Dame […]
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43rd Annual Notre Dame Tax and Estate Planning Institute Day 1 Notes
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2597 Date: 02-Nov-17 From: Steve Leimberg’s Estate Planning Newsletter Subject: Martin Shenkman’s Day 1 Notes from the 43rd Annual Notre Dame […]
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House Proposed Tax Cuts and Jobs Act: Impact on Estate Planning and Ancillary Planning Areas
By Martin M. Shenkman, Esq. and Joy Matak, JD, LLM Introduction Since the election of Donald J. Trump as President, there has been intense buzz among estate tax planning […]
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Crowdsource Funding to Help Victims of the California Fires, Las Vegas Massacre and Hurricanes
By: Martin M. Shenkman, Esq., Bernard A. Krooks, Esq., and Jonathan G. Blattmachr, Esq. Introduction One of the authors just received a call to assist those helping one of the […]
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Asset Protection Update: Curci Investments, LLC
By: Martin M. Shenkman, Esq. and Alan Gassman, Esq. The authors thank Steven J. Oshins, Esq. for his thoughtful comments and guidance in this area. This article was originally published […]
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Lack of Coordination: The Potential for Best Laid Plans to Go Awry
By: Martin S. Shenkman and Sandra D. Glazier[1] This article was originally published in Leimberg Information Services, Inc. (LISI). In 1786 Robert Burns wrote his insightful poem commonly referred […]
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Guardian for Incapacitated Ward: Recent Case Highlights Issues to Consider
Introduction A New Jersey case evaluated the performance of a court appointed guardian for an incompetent ward.[1] The case highlights the fact sensitive, “he said/she said” nature of the performance […]
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Having Tough Client Conversations About Health Issues: A cancer diagnosis can affect estate and financial planning
reprinted with permission from wealthmanagement.com http://www.wealthmanagement.com/estate-planning/having-tough-client-conversations-about-health-issues Every estate and financial planner must ask and discuss tough issues with clients. One of the toughest centers around the client’s health. Without an […]
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Estate Planning Basics for Consumers
Free Consumer Webinar: Consumer: Estate Planning Basics (for People Not Subject to Estate Tax) Course Description: This is a CONSUMER level course on basic estate planning. This course will help […]
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Relief for Missed Portability Elections
1. Discussion. a. Portability was supposed to simplify the estate tax system. Prior to portability, if one spouse died, to secure that deceased spouse’s exemption required affirmative planning in most […]
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Estate of Powell v. Commissioner: FLP Planning Lessons
1. Discussion. In Powell, the Tax Court, in a reviewed decision, determined that the assets that had been transferred to a family limited partnership (“FLP”) were included in the decedent’s […]
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Technology, Ethics and Estate Planning Practice Management – Free Webinar
Date and Time: Wednesday, June 21, 2017 12 noon (ET). Speakers: Martin M. Shenkman, Esq., Jonathan G. Blattmachr, Esq., and Peter Fidler. Sponsor: Interactive Legal and Peak Trust Company. Course […]
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Home Medical Expense Deduction: Sample Doctor’s Letter
Explanation: The following is a sample letter for a physician to provide to a patient/taxpayer to use as support for claiming a home medical improvement expense deduction. The illustration uses […]
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Trusts: Planning and Drafting for Divorce – Free Webinar
Date and Time: Thursday June 15, 2017, 4pm EST Speakers: Gideon Rothschild, Esq., Martin Shenkman, Esq. and Rebecca Provder, Esq. Course Description: Trusts are one of the most powerful tools […]
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Spousal Lifetime Access Trusts (“SLATs”) Provides Flexible Plan for Many Clients
By: Andrew T. Wolfe, Esq. and Martin M. Shenkman, Esq. Flexible SLATs Key Ingredient in Advisor’s Toolbox In the current environment of uncertainty, many married clients should consider […]
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American Cancer Society Speaking Tour and Plug for NPAN
Dear Colleague/Friend: Every spring and summer for the past seven years, my wife Patti and I, accompanied by our adorable therapy dog Elvis, spend 2+ months traveling the country in […]
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When a Client Loses a Spouse/Partner – Free Webinar for Professional Advisers
Date and Time: Thursday May 11, 2017 12:30 pm EST. Course Description: Karen Altfest, Dr. Stanley Teitelbaum, and Martin Shenkman will present a practical, non-technical, webinar for professionals to help […]
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End of Life Medical Decisions: Assisted or Legal Suicide for the Terminally Ill
“Assisted suicide.” While the phrase itself may evoke strong emotions on each side of the issue, it is important that everyone affected (whether because you or a loved one face […]
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Trust Owned Life Insurance (TOLI) Issues
Foreword The following remarks and comments were based in part on a review of a recent book The Life Insurance Policy Crisis by E. Randolph Whitelaw and Henry Montag, published […]
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How NJ and Federal Estate Tax Changes May Wreak Havoc with Your Will
The NJ estate tax exemption increased from $675,000 to $2M in 2017 and the tax is repealed in 2018. President Trump has proposed a repeal of the federal estate tax. […]
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Pre- and Post-Nuptial Clauses to Address Trust Issues: Webinar Materials
Date and Time: Monday March 6, 2017, 12 noon EST Speakers: Martin M. Shenkman, Esq. and Rebecca A. Provder, Esq. Course Description: Pre-nuptial and post-nuptial agreements (“agreements”) are ubiquitous in matrimonial practice. […]
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Asset Protection Planning Continuum: Basics for Estate Planning Professionals – Updated Webinar Materials
Speakers: Martin M. Shenkman, Esq. and Alan S. Gassman, Esq. Date of webinar: Tuesday February 21, 2017, 1pm EST Course Description: Asset protection planning is appropriate for every client, not […]
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Asset Protection Planning Continuum: Basics for Estate Planning Professionals – Webinar Materials
Speakers: Martin M. Shenkman, Esq. and Alan S. Gassman, Esq. Date of webinar: Tuesday February 21, 2017, 1pm EST Course Description: Asset protection planning is appropriate for every client, not […]
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Collaboration of the Estate and Financial Planning Team – Webinar Materials
Free Webinar: Collaboration of the Estate and Financial Planning Team After the webinar a recording will be posted on www.shenkmanlaw.com/resources . Date and Time: Tuesday February 7, 2017 12:00 noon […]
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Communicating to Clients About Planning Uncertainty
Martin M. Shenkman, Andrew T. Wolfe, Alan A. Davidson | Jan 26, 2017 From a federal estate tax perspective, there hasn’t been much tax uncertainty since 2012. There’s also never […]
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Repeal and Uncertainty Impacts Estate Administration
It’s important to ascertain the decedent’s intent. Martin M. Shenkman, Andrew T. Wolfe, Alan A. Davidson | Jan 05, 2017 The situation described in the preceding two articles in this […]
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Impact of Federal Estate Tax Repeal (Part 2 of 4)
Wealth Planning>Estate Planning Planning for 2017 and beyond (part 2 of 4) Martin M. Shenkman, Andrew T. Wolfe, Alan A. Davidson | Jan 03, 2017 http://www.wealthmanagement.com/estate-planning/impact-federal-estate-tax-repeal In our prior article […]
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New Year’ Resolutions by an Estate Planner
I figured I had a few minutes when I was not using my New Year’s resolution gwee gym, or drinking my New Year’s resolution Marie Osmond lose 10 pounds in […]
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Hard to Figure: The Critical Importance of Current Continuous Estate Planning
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2491 Date: 19-Dec-16 From: Steve Leimberg’s Estate Planning Newsletter Subject: Martin Shenkman and Jonathan Blattmachr: Not So […]
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New Jersey (and Other) State Estate Tax Changes
This is Part 1 of a 4-part article on the interplay of changes to state laws with the current uncertainty in the federal estate and gift tax laws. In […]
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Webinar Materials: Estate Tax Repeal Is Not a Temporary or Permanent Certainty: How to Plan Now
A recording of the Webinar can be found under the Resources tab of the website. The Power Point presentation for the webinar can be found at: https://shenkmanlaw.com/uploads/2016/12/Powerpoint-Estate-Tax-Repeal-Is-Not-a-Temporary-or-Permanent-Certainty-How-to-Plan-Now-Dec-12-2016.pdf A copy of […]
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Notre Dame Estate and Tax Institute – Planning Tips Summarized
The 42nd Annual Notre Dame Tax & Estate Planning Institute was recently held in South Bend. Lots of great speakers and great planning ideas. Below are links to a selection of […]
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Trump Wins, Republicans Control House and Senate, A Brave New World for Estate Planners
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2478. “The election of Donald J. Trump as our 45th President was largely unexpected. It is difficult to forecast what that […]
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New Jersey Estate Tax to be Repealed
Steve Leimberg’s Estate Planning Email Newsletter – Archive Message #2467 Date: 19-Oct-16 From: Steve Leimberg’s Estate Planning Newsletter Subject: Martin M. Shenkman, Richard Greenberg & Glenn Henkel: The New Jersey […]
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Portability on a QTIP Only Estate Tax Return
New Ruling The IRS has just issued Revenue Procedure 2016-49 to provide assurance to taxpayers about an issue that many have pondered. A Bit of Background: QTIP […]
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Religion and Estate Planning
Introduction Showing sensitivity to a client’s religious concerns should be an integral component of estate planning. Religious goals can be achieved by integrating a client’s religious concerns into the […]
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Planning for 2704 Proposed Regs: Be Wary of the Step Transaction Doctrine
Introduction Practitioners are still grappling with the intricacies and complexities of the Proposed 2704 Regulations. But it is vital to start addressing some of the long existing tax doctrines […]
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Proposed 2704 Regulations: Commercially Reasonable Restriction Exclusion” – What Might it Mean?
Introduction The Proposed 2704 Regulations prevent taxpayers from considering a range of restrictions that could otherwise reduce the value of an interest in an entity for transfer tax purposes. […]
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Sample Letter Advisers Can Send Clients about 2704 Planning for 2016 Year End
Dear Client: Proposed Regulations Just Issued: The Treasury (IRS) just issued Proposed Regulations that could have a dramatic impact on your estate planning by eliminating valuation discounts. For […]
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Using GRATs Prior to the Effective Date of the 2704 Proposed Regulations
Introduction On August 4, the Treasury Department issued Proposed Regulations that restrict or eliminate valuation discounts for family-owned businesses under IRC Sec. 2704. The Proposed Regulations will be the […]
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Proposed Regulations Will Zap Discounts – Wealthy Taxpayers Should Plan ASAP
Introduction OK stop holding your breath! The long awaited discount Regs were just issued. 26 CFR Part 25 [REG-163113-02] RIN 1545-BB71. They will be published in the Federal Register […]
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Charitable Planning Tips
► Remainder Interest in Residence and Farms: Generally, a charitable deduction is not permitted for charitable gifts of less than a donor’s entire interest in property. IRC Sec. 170(a)(3). […]
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Estate Tax Proposals: Clinton vs. Trump: What Actions to Take Now
Pre-Election Estate Tax Proposals – Why Care Are major estate tax law changes in the offing? Perhaps, but my Ouija board smoked when I asked the question. So baring […]
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Uniform Trust Code – New Jersey’s New Law Affects All NJ Trusts
Introduction Approximately 30 states have enacted some version of the Uniform Trust Code (“UTC”). New Jersey enacted its version of the UTC on January 19, 2016 and it becomes effective […]
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Basis Consistency Rules: New Proposed Regs Add to Complexity for Executors
New Rules The process of determining the value of estate assets, and filing the required estate tax return, have been made even more complicated by law changes that […]
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Pulmonary Hypertension: Estate and Financial Planning Considerations
Introduction I was recently asked by the Pulmonary Hypertension Association to present a webinar on estate and financial planning for those living with pulmonary hypertension or “PH.” This article […]
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Recent Massachusetts Trust Case Has Important Divorce Planning Lessons for All
Not All Trusts Are Created Equal Trusts are ubiquitous in planning and one of the most common motivations for the use of trusts is to minimize the risks that […]
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Catholic Considerations and Estate Planning
Introduction to Catholic Considerations and Estate Planning Pope Francis recently concluded a 10-day tour de force in the United States. He was met by huge crowds in spite of […]
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Christian Estate Planning
By: Pastor Chris Edmondson and Martin M. Shenkman, Esq. What is Estate Planning? First, let’s define “estate planning” since it is commonly defined too narrowly. Estate planning […]
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A Symphony of Collaboration is the Key
Jonathan Clements wrote the following in a recent article in Financial Planning, “To Beat Robos, Stop Selling Fantasies,” Aug. 31, 2015, at http://www.financial-planning.com/news/technology/clements-to-beat-robos-stop-selling-fantasies-2694000-1.html?utm_medium=email&ET=financialplanning:e5051599:52149a:&utm_source=newsletter&utm_campaign=Aug%2031%202015-am_retirement_scan&st=email: “Many traditional advisors, of course, do far […]
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Trust Friendly States: Great Choice but You Can’t Always Get What You Want
Introduction Most folks (and lawyers) tend to set up trusts in the state where they live and their lawyer practices. While this might seem logical, and it’s what has […]
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Gifts under Powers of Attorney
Introduction and Background It is common to include in a durable power of attorney the right for an agent (the person named to act on behalf of the principal […]
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Termination of an Insurance Trust the Client no Longer Wants – What Considerations, Steps, and Tax Implications?
Introduction “I don’t need life insurance because of the high estate tax exemption so I cancelled my policies and distributed the cash in my trust to my spouse.” […]
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Safe Powers of Attorney
Introduction Powers of attorney are one of the most basic and important estate planning documents. Even most nonprofessionals are well aware of what a power of attorney is and […]
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Estate and Related Planning for those Living With Rheumatoid Arthritis
Introduction Estate, financial and related planning must always be tailored to reflect each person’s unique circumstances, needs, goals and objectives. If you or a loved one have been diagnosed with […]
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The New World of Estate Planning
Introduction Estate planning is rapidly moving away from the historical focus on bypass trusts and saving estate taxes. While many professionals have rightfully focused considerable attention on income tax […]
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It Looks Like a Loan, Quacks Like a Loan, But Do You Really Want it to be a Loan?
Background When a benefactor, say a parent, loans an heir, say a child, funds, historically that transfer would have generally been desirable to treat as a loan. If the […]
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Trust Administration: Trust Records Provide A Roadmap To Proper Trust Management Part 3
This is the third and final article in a series intended to help trustees identify many of the steps to be taken and documents they might consider retaining as part […]
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Trust Administration: Trust Records Provide A Roadmap To Proper Trust Management Part 2
This is the second article in a series of three articles intended to help trustees identify steps to be taken, and documents they might consider retaining, as part of the […]
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Trust Administration: Trust Records Provide A Roadmap To Proper Trust Management Part 1
Trusts are ubiquitous in estate, tax, financial and asset protection planning. Everyone tends to be pretty focused on the decision process involved in creating a trust. However, clients and advisors […]
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Dissolving an FLP/LLC – Can you have your Tax Cake and Eat it Too?
Introduction Family limited partnerships (“FLPs”) and family limited liability companies (“LLCs”) have been a mainstay of estate and related planning for decades. FLPs and LLCs (collectively, “FLPs”) could have […]
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Planning For Early Retirement Due to Health Challenges: Steps to Consider
Many people facing the challenges of Parkinson’s disease, multiple sclerosis, or any one of a myriad of other chronic illnesses may need to cut back on work or retire early […]
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Solo Professional Practitioners (attorneys, doctors, others): Succession Planning
Introduction What steps can solo professional practitioners take to address succession planning? If you as a solo practitioner become incapacitated, who can step in to assist? What happens to […]
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Unitrusts To the Rescue
Sometimes it can be incredibly useful to have another arrow in your planning quiver. Consider the following: A trust is set up to provide for your surviving spouse, your third […]
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Powers of Attorney: What You Must Know
Understand Your Power We’re talking financial concepts not Ayurvedic. You’re planning for retirement and what will hopefully be decades of exiting “later life” following. You coordinate your financial and estate […]
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What You Must Know About Trust Fiduciaries
The Simple Old Days In the simple days of yore a trust had a trustee. That trustee was the only “fiduciary” named. While that might have been simple, it wasn’t […]
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