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,…

Trust Administration: Why it Should be a Part of Your Practice

By Kristin L. Yokomoto, J.D., LL.M. (Taxation) As an estate planner, you help your clients to achieve extremely important goals including, among other things, to nominate guardians for minors; avoid probate; minimize gift, estate and generation skipping transfer taxes; protect their children and other beneficiaries’ inheritance from creditors and predators; and nominate agents, trustees and executors who will manage their estate and make decisions for them upon incapacity or death. It can be a very fulfilling and rewarding process for both you and your clients during which time they necessarily share some of their most private information – marriage and…

Three Ways Your Business Planning Practice May Be Impacted by Republican Tax Reform Proposals

By Jennifer L. Villier, JD | Legal Education Faculty, WealthCounsel On the heels of his inauguration, President Trump quickly got to work exercising his executive authority to implement some of his campaign proposals. With a stroke of his pen, President Trump has frozen pending regulations, increased border security measures, frozen federal hiring, withdrawn from the Trans-Pacific Partnership, and prioritized deportation of undocumented immigrants. President Trump has stressed that putting “America first” by protecting our borders and bolstering small businesses are fundamental to his objective of driving domestic economic growth. While we await developments on proposed tax reform, we can prepare…

Robert Keebler Podcast on the Death Tax Repeal Act of 2017

Thanks to the generosity of Stephan Leimberg and Leimberg Information Services, we are pleased to bring to you complimentary podcasts on the following important updates. Senate Bill 205, the Death Tax Repeal Act of 2017 Senate Bill 205, the Death Tax Repeal Act of 2017, would not only repeal the estate tax — it would also eliminate a technique designed to reduce state income tax, the ING trust. Bob Keebler reports. LISI members can read more about S. 205 and other estate tax repeal proposals in Estate Planning Newsletter No. 2516 by Ed Morrow, published on February 10, 2017. To…

The 10 Biggest Mistakes Estate Planning Attorneys Make – – Running Their Business!

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 35 years, I have been blessed with a successful estate planning practice, as well as with the opportunity to help many other attorneys build or improve theirs. Based on that real-world experience, I have compiled what I believe to be the ten most common mistakes that I’ve seen most estate planning attorneys making that keep them from enjoying more financial success and a better quality of life. To read this article, download the white paper below….

Six Big Mistakes When Choosing an Associate Attorney

Download Printable Article By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law Although attorneys are trained in the technical aspects of the law, we haven’t been taught how to run a successful business, often relying upon trial and error as costly teachers. In the process of building my own practice, I have made each and every one of the following mistakes when hiring associate attorneys, so I am speaking to you from experience. Mistake #1: Focusing mainly on the associate’s law school, credentials, experience and technical expertise. As…

My Three Sons – Planning for Children of All Ages

By Alan S. Gassman J.D., LL.M. (Taxation), Florida State Bar Certified Specialist in Wills, Trusts & Estates, AEP (Distinguished) In the 1960’s sitcom, My Three Sons, Fred MacMurray played the thoughtful and patient parent of three adolescent and teenage boys, who learned many interesting lessons living a wholesome life in suburban American. Parents with children of all ages need guidance in a number of areas that are typically not mentioned during an estate or financial planning meeting. The planner who brings up the discussion points set forth below will certainly be providing his or her clients with better tailored planning…

Technique of the Month: Decanting to Remove a Mandatory Income Interest

Download Printable Article By Steven J. Oshins, Esq., AEP (Distinguished) Trust decanting is the act of distributing assets from one trust to a new trust with different terms.  Just as one can decant wine by pouring it from its original bottle into a new bottle, leaving the unwanted sediment in the original bottle, one can pour the assets from one trust into a new trust, leaving the unwanted terms in the original trust. Which States Allow a Decanting to Removing a Mandatory Income Interest? There are now 25 states that have decanting statutes.  Of the 25 states, only six of…