Traps of Swap Powers

Download Printable Article By Martin M. Shenkman, CPA, MBA, PFS, AEP, JD Swap powers have proliferated like Tribbles (you are a Trekkie aren’t you?). Most trusts that are created are structured to be grantor trusts so that the income is taxed to the settlor creating the trust. That continues to reduce the settlor’s estate by the tax paid on income inside the trust. Grantor trusts often include a swap or substitution power that permits the settlor to swap cash into the trust for appreciated trust assets. Swaps are a key to obtaining the new tax planning holy elixir of basis…

Open Another Office!

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 You may be thinking I’m nuts. It may have taken you years of your blood, sweat, tears, time and money to get your current office up and running smoothly and profitably (or you’re still in the process of getting that done). So why would you want to open another office? There are lots of good reasons. Here are a few: Gain access to a larger audience of potential clients (particularly if your current market has a…

Innovative Changes to Nevada Decanting Statutes Effective 10/1/2015

Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) There are 22 states that have statutes allowing the distribution trustee of an irrevocable trust to decant the trust. The trustee decants the trust by distributing the trust assets into a different trust with different terms for one or more of the same beneficiaries of the original trust. In most cases, this second trust is a brand new trust. Essentially, this gives the trustee a “do-over” to make changes to the trust terms that traditionally would not have been permitted prior to the ability to decant without a judicial modification….

5 Reasons Why You Should Have an Office Manager

Download Printable Article By Kristina Schneider, Executive Assistant If you are an estate planning attorney, CPA, financial advisor, or life insurance agent and you’re running your own practice, then you already know how precious your time is and, hopefully, how valuable that time is to your practice and its overall success. It is important that you see yourself as the “talent” and that you maximize the use of your time for tasks that only you can do. You need someone else to be the “producer-director”, handling other necessary details. All too often, we see estate planners that are spending far…