Posts by Roxana Hernandez
Asset Protection Goals and Probabilities
By Steven J. Oshins, Esq., AEP (Distinguished) A Game of Probabilities Asset protection is a game of probabilities. Every legitimate wall that is placed around the assets should move the settlement number more in favor of the debtor. And every bad case that comes down the pike should move the settlement number more in favor…
Read MoreIt’s Time to Stop Using Health, Education, Maintenance and Support Trusts!
By Steven J. Oshins, Esq., AEP (Distinguished) Thanks to the generosity of Leimberg Information Services, we are pleased to provide you this recently published article on LISI. EXECUTIVE SUMMARY Nearly Everybody Nearly every estate planning attorney uses “health, education, maintenance and support” (“HEMS”) as a distribution standard in the trusts they draft. This language is probably…
Read MoreThe Upcoming 2025 Trust Tsunami and How to Handle it
By Steven J. Oshins, Esq., AEP (Distinguished)The estate and gift tax exemption is scheduled to drop in half at the beginning of 2026. This is going to shift the supply/demand ratio so far in favor of estate planners that wealthy prospective clients who know they need to make their large gifts need to start acting…
Read MoreSteve Oshins Releases 10th Annual Non-Grantor Trust State Income Tax Chart
By Steven J. Oshins, Esq., AEP (Distinguished) Different states have different rules as to what creates a “resident trust” that is subject to taxation in that state. States may tax a trust based on the residency of the settlor or testator, based on whether there is a resident trustee or beneficiary or whether there is…
Read MoreNot a Big Fan of the Federal Estate and Gift Tax Exemption Rules
By Steven J. Oshins, Esq., AEP (Distinguished) I’ll be the one to come out and say what many of us are thinking… I’m not a big fan of the federal estate and gift tax exemption rules! The exemption is currently $12.92 million per person, adjusting for inflation each year, and then dropping in half when…
Read MoreDon’t Let an Outdated Website Drag Down Your Estate Planning Practice
By Foster Web Marketing The problem with websites is that they aren’t a one-and-done-thing. You have to add content. You have to keep up on the maintenance. And, over time, you have to be able to recognize when it’s time for an upgrade. Technical standards for websites change every few years. People’s expectations for websites…
Read MoreThree-Year-Old Tiffany Oshins Interviews Daddy About Domestic Asset Protection Trusts
By Tiffany A. Oshins and Steven J. Oshins, Esq., AEP (Distinguished) Three-year-old student Tiffany A. Oshins (“Tiffany”) recently sat down with her father, estate planning attorney Steve Oshins (“Daddy”). Tiffany interviewed Daddy about asset protection planning and Domestic Asset Protection Trusts. Below are highlights from the interview. [Daddy helped Tiffany with a lot of her spelling.]…
Read MoreHow to Work Around California’s Anti-ING Trust Legislation
By Steven J. Oshins, Esq., AEP (Distinguished) It finally happened. California passed SB 131 in its 2023 legislative session which, among other things, sadly contains a provision treating all so-called Incomplete Non-Grantor Trusts (“ING Trusts”) as grantor trusts taxed to the settlor. This takes away a key tool planners have used for many years to…
Read MoreMost Estate Planning Websites Are Designed to Fail
By Tom Foster, Owner and Founder of Foster Web Marketing The websites for most estate planning law firms suffer from a common problem. It’s a problem that is completely obvious to visitors and potential clients, but it often goes undetected by the lawyers that own the website. In the lawyers’ eyes, their websites appear to…
Read MorePoll Results: Which Is the Best Trust Jurisdiction?
By Steven J. Oshins, Esq., AEP (Distinguished) In a one-week LinkedIn poll conducted in March of 2023, I asked thousands of people primarily made up of estate planners and financial planners: “Which is the best trust jurisdiction?” Among 5,104 “impressions” (number of times users see the poll question), there were 123 total votes. The permitted…
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