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…

The Strange Case of Dr. Jekyll and Mr. Oshins – Chapter I (Uniform Acts: Good or Bad?)

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 tackles the issue of whether Uniform Acts are good or bad.  As expected, Mr. Oshins will provide a different view of the issue than…

The Nevada Asset Protection Trust: Why Nevada is the Leading Jurisdiction…Period!

Download Printable Article By Steven J. Oshins, Esq., AEP (Distinguished) There are now 17 states with statutes allowing Domestic Asset Protection Trusts (“DAPTs”).  Nevada is the best of those states.  Period. That’s not just the conclusion of this author.  Rather, it appears to be the conclusion reached by the high majority of the estate planning industry, including unbiased planners.  This article will not only explain why Nevada is such an asset protection trust powerhouse, but it will also explain how the Nevada Asset Protection Trust works so those planners who are not currently making use of this opportunity can now…

FAKE NEWS!

By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law Since I first rolled out my “IRA Inheritance Trust®” in 2001 and got the breakthrough positive IRS ruling in 2005 (PLR 200537044), many critics have circulated “alternative facts” about the trust that are simply untrue. Unfortunately, no matter how often I’ve fought off these various unwarranted attacks, the same ones keep reappearing from the dark recesses of the internet.  Worse yet, these are believed as gospel by many estate planners who could otherwise be doing their clients and their…

Portability Trivia

By Brandon Ketron & Alan S. Gassman J.D., LL.M. (Taxation), Florida State Bar Certified Specialist in Wills, Trusts & Estates, AEP (Distinguished) A review of the Portability Rules at the Heckerling Institute gives rise to the following trivia, which estate tax planning lawyers should perhaps be memorizing: True or False [the answers are at the end of this article, but see how much you know]: 1. Under Section 20.2010-2(a), the portability election can only be made on a timely filed and complete estate tax return Form 706. 2. Estates that are required to file the Form 706 ( i.e. estates…

How the Right Phone Experience Can Help Grow Your Business

By Phoebe Osborn, Content Marketing Specialist When you’re handling people’s money, there’s no doubt trust is essential. As a CPA, financial advisor, or estate planner, your clients depend on your expertise to guide their finances and their futures. It’s a big deal to say the least, and in competitive fields like these, customer service can be the differentiator that sets you apart or the weakness that holds you back. When it comes to building healthy client relationships, every touchpoint matters and every interaction counts—especially the first one. While prospective clients may browse your website or scroll through online reviews before…

Oshins’ Motions: Seven Estate Planning Motions for Consideration

By Steven J. Oshins, Esq., AEP (Distinguished) In an official hearing, a “motion” is a formal proposal made to the group to take or not take an intended action.  This article will put forth seven motions for consideration in the estate planning industry. Motion #1:  I hereby make a motion that from this day forward nobody shall continue to claim that Domestic Asset Protection Trusts don’t work. Result- Motion Granted:  It has been 20 years since the first Domestic Asset Protection Trust statute was enacted.  In this period of time, to this date there still hasn’t been even one non-bankruptcy,…