Last Opportunity to Join Phil Kavesh’s Monthly Practice-Building Series

Whether you are just starting out or you have 20+ years of experience running your own estate planning practice, you have most likely found out pretty quickly that all of the things you learned in law school, school textbooks, and through continuing education courses simply do NOT properly prepare you for what is involved in running your own practice.  These things will most certainly help you become a technically sound practitioner, well-versed in the law, and perhaps a brilliant estate planning lawyer.  But, it simply does not but it doesn’t train and teach you about the day-in and day-out experiences…

Our Best Articles on Asset Protection & Advanced Estate Planning

As part of our December 2014 Newsletter, we are featuring a special “Best Of” issue.  Below, you will find a list of our Best Articles .  These articles are written by a variety of financial and estate planning professionals, as noted below. Top Ten Asset Protection Mistakes Attorneys Make by Steven J. Oshins, J.D., AEP (Distinguished) Another Private Letter Ruling Approves NING Trust by William D. Lipkind, J.D., LL.M. (Taxation) & Steven J. Oshins, J.D., AEP (Distinguished) Top Five Reasons to Situs Your Irrevocable Trust in a Different Jurisdiction by Steven J. Oshins, J.D., AEL (Distinguished) New Tax Haven: Puerto…

Family Business Succcession Planning

By Brandon E. Crooks, Principal at Counsel Trust Company There are over 5.5 million family businesses in the US with an average life span of 24 years (familybusinesscenter.com, 2010). About 40% of family-owned businesses turn into second-generation businesses; approximately 13% are passed down successfully to a third generation, and 3% to a fourth generation or beyond (Businessweek.com, 2010). Business owners are attractive clients due to the amount of wealth that lies within family-owned businesses. The challenge for advisors working with this group is that the business succession risks are greater than ever because nearly a third of owners have no…

With Estate Tax Planning Basically Dead, Here’s a Trust You Should Be Selling to a Lot of Your Clients

By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law It’s not a Living Trust (but it does have broad application). Nor is it an Asset Protection or Medicaid Trust (though it does have some asset protection features). And, thanks to a recent Supreme Court decision, this Trust has been made even better (or more valuable). Okay, here it is. The Standalone Retirement Trust (or “IRA Beneficiary Trust”, or, as I call it, the “IRA Inheritance Trust®”). It’s simply a trust that acts as beneficiary of a client’s IRAs…

Top Five Reasons to Situs Your Irrevocable Trust in a Different Jurisdiction

By Steven J. Oshins, J.D., AEP (Distinguished) Most estate planners automatically situs their clients’ irrevocable trusts in the jurisdiction in which the client resides without considering the possibility of using a different jurisdiction. This is often done for no reason other than the fact that it is customary to do so. However, in many situations this decision causes a loss of potential benefits that may have been obtained by exploring the use of a different trust situs. Following are some of the common reasons to situs an irrevocable trust in a different jurisdiction: Reason #1: State Income Tax Savings. There…

Trusts Aren’t Just for The Rich Anymore

By Jonathan G. Blattmachr & Matthew D. Blattmachr Many people associate trusts with the very wealthy, because they are often used in the media and pop culture in the context of two other words: “fund” and “baby”. The reality is that a trust is a helpful estate planning instrument for most of your clients, not just the wealthy. Clients with $250,000 to $1 million in investable assets should consider a trust to help tackle their estate and financial planning challenges. Another reason trusts are commonly associated with the rich is because in the past for many families the cost of…

Estate Analyst—Clark v. Rameker: No Bankruptcy Exemption for Inherited IRA

By Robert L. Moshman, Esq. It is not often that the Supreme Court provides a clear rule on any aspect of financial planning (or even graces our niche with a passing reference), so these occasions call for special attention. On June 12, 2014, the Supreme Court’s decision in Clark v. Rameker clarified that an inherited IRA is not a protected retirement fund for bankruptcy purposes. Here, we analyze the decision and its impact on planning issues and review the applicable rules and caveats that apply to inherited IRAs. Note: The following discussion of IRAs is about traditional tax-deferred IRAs only…

Estate Planning for the Middle Class: Overcoming Myths with Reality

By Matthew D. Blattmachr, CFP®, Trust Officer, Alaska Trust Company | Volume 2, Issue 5 (May 2014) Here are a few common misconceptions (or objections) people have about estate planning and trusts – – and how to overcome them. Myth #1: Estate Planning is only important for the very wealthy. Reality: Every client needs some kind of estate plan, because everyone has an estate. The size of your estate does not dictate whether or not you need a plan, but rather what plan you need. If clients don’t create a specific plan, then the state is more than happy to…

The Top Four Mistakes Individual Trustees Make

By Mark Dreschler, CFP®, President & CEO at Premier Trust and Deborah Erdmann, QKA, CISP, Vice President & Trust Officer at Premier Trust | Volume 2, Issue 4 (April 2014) Whatever your connection with a trust, whether it is as an attorney, trustee, beneficiary, trust creator or financial advisor, you need to be aware of the top four mistakes that can derail financial goals and tear families apart. This article is based on the experiences of our trust company’s team members, now more than 38 strong, with more than 150+ years combined experience dealing with estates and trusts of all…

Training on Standalone IRA Beneficiary Trusts

We are holding one of our most popular technical training teleconferences on the IRA Inheritance Trust® tomorrow with our President, estate planning attorney and IRA Inheritance Trust® creator, Philip Kavesh. This teleconference is always one of our most well-attended and popular programs for those looking to add this unique and niche area of planning to their estate planning practice. See below for more information: The Traps and Tricks of Properly Drafting IRA Trusts Speaker: Philip Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, CA State Bar Certified Specialist in Estate Planning, Trust & Probate Law Date: Wednesday, March 5, 2014 Time: 9am…