Reviewing a Life Insurance Policy: The Owner as a Pilot

By Jason Oshins, Financial Advisor, MBA The role of a pilot is not limited to take-off and landing.  Even while flying on autopilot, the pilot still must monitor the flight.  The same can be said of the owner of a life insurance policy.  The owner must monitor the insurance. Typically, life insurance is owned by an Irrevocable Life Insurance Trust (ILIT), a revocable trust, or outright by the insured.  When owned by an ILIT[1], the death benefit is out of the grantor’s estate and thus not subject to either estate tax or income tax.  When owned by a revocable trust[2]…

Supreme Court: No ERISA Protection for “Church-Affiliated” Retirement Plans Run by Hospitals, Health Care Facilities

By Edwin P. Morrow III, J.D., LL.M. (Tax), CFP®, CM&AA® On June 5, 2017, the Supreme Court issued a unanimous ruling in Advocate Health Care Network v. Stapleton concerning whether ERISA applies to church affiliated non-profits that run hospitals and health care facilities: click here to view. It may erode certain retirement plan protections for employees of many hospitals and health care facilities loosely connected to churches, though the Court did not decide other arguments that may yet ultimately apply ERISA to them. The Employee Retirement Income Security Act of 1974 (ERISA) generally obligates private employers offering pension plans to adhere…

One Simple, Yet Powerful Marketing Strategy Many Estate Planners Are NOT Utilizing!

By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law Lawyers and other professionals often cringe at just hearing the word “marketing”.  The idea of marketing their practice feels cheesy, unprofessional, and perhaps even “below” them.  However, it doesn’t have to be. In fact, marketing is a basic necessity of any business, whether you call your plans and strategies for bringing in revenue to your company “marketing” or not.  If you are not doing some type of marketing, then how are you getting clients in the door?  If you’re…

Klabacka v. Nelson: Nevada Supreme Court Makes Historically Significant DAPT Ruling

By Steven J. Oshins, Esq., AEP (Distinguished) One of Nevada’s advantages has always been that it is the only top-tier Domestic Asset Protection Trust (“DAPT”) jurisdiction that has no statutory exception creditors, meaning classes of creditors that can bust through a DAPT despite the DAPT’s protection from creditors.  Practitioners from competing states have suggested that Nevada DAPT laws are “too protective” and therefore won’t work as advertised. However, on May 25, 2017, the Supreme Court of the State of Nevada, in a unanimous opinion, issued a written ruling for Klabacka v. Nelson, 133 Nev. Advance Opinion 24 (May 25, 2017)…

The Strange Case of Dr. Jekyll and Mr. Oshins – Chapter II (Foreign vs. Domestic APTs)

By Steven J. Oshins, Esq., AEP (Distinguished) Testing his theory that in every man dwells a good and an evil force, the reserved Dr. Jekyll develops a formula that separates the two, turning him into an argumentative estate planning attorney named Mr. Oshins who tells it like it is.  Dr. Jekyll soon realizes he is becoming addicted to his darker self as he unleashes his opinions on the estate planning industry. In Chapter I, Dr. Jekyll tackled the issue of whether Uniform Acts are good or bad.  In Chapter II, Dr. Jekyll tackles the issue of which are better –…

Effectively Managing Your Boss’ Busy Calendar

By Kristina Schneider, Executive Assistant Whether your boss is an estate planning attorney, CPA, financial advisor or life insurance agent, chances are, he or she has an overwhelmingly busy calendar.  From client meetings, phone calls, seminar presentations, conferences and CE programs to numerous projects to be completed, goals to be reached, and endless obligations to be met. How do you organize, prioritize and manage it all while getting everything scheduled and done? Ask for Assistance with Prioritizing First, ask for assistance in prioritizing your tasks (and your boss’ tasks).  Thankfully, most executives acknowledge that their assistants are juggling several tasks…

Q&A with Phil: Quoting Fees, Charging for Initial Meetings & Having Paralegals Conduct Signing Meetings

By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law Over the past few months, I’ve noticed that I frequently get the same questions from people and I thought that it’d be helpful to share some of these questions and answers with others in our newsletter.  (If you have any questions, either as follow-up to these below or otherwise pertaining to your practice, feel free to send me an e-mail and I’d be happy to help and perhaps feature the Q&A in a future newsletter). QUOTING FEES ON THE…

FREE WEBINAR – Trusts: Planning and Drafting for Divorce

Speakers: Gideon Rothschild, Esq., Martin Shenkman, Esq. and Rebecca Provder, Esq. Date and Time: Thursday, June 15th, 2017 at 1pm Pacific Time (4pm Eastern Time) Course Description: Trusts are one of the most powerful tools for planning to minimize the risk to assets in a future divorce. However, in order to achieve optimal results for clients, trusts must be drafted and administered in a manner that provides protection. Traditional trust drafting often falls far short of providing the safeguards clients want. What provisions should be used in drafting trusts to achieve better results? What trust planning techniques can be used…

Will New Legislation Kill Stretchout and the IRA Trust?

By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law Over the past couple of years, I have had a lot of colleagues ask me if pending legislation to limit IRA stretchout would then kill the IRA Inheritance Trust®.  For some time, nothing was certain.  Details of proposed legislation were vague and it was not clear exactly how it would affect IRA planning. Finally, in September of last year, under the assumption that a change in the IRA stretch law would bring in $5.5 billion over the next 10…

Oh *%@! You Messed Up! Now What?

By Kristina Schneider, Executive Assistant We have all been there at some point in our lives, whether in the workplace, school, at home, anywhere.  You make a mistake of some kind.  It happens.  You’re human.  It’s bound to happen.  However, how to handle the mistake that you made is very different for a lot of people.  What might seem like common sense for some people, isn’t always for others. Here are some tips for how to handle making a mistake.  The intention is for mistakes made in the workplace, but these tips can be used really anywhere in life. STEP…