Posts by Steve Oshins
Identifying an Asset Protection Trust Candidate
By Steven J. Oshins, Esq., AEP (Distinguished) If I had a Nickel for Every Time… If I had a nickel for every time an estate planning advisor called or emailed me with a prospective client that they deem to be an absolutely perfect asset protection trust candidate “because they’re in a lot of trouble”, I…
Read MoreDelaware Court Says Domestic Asset Protection Trust is Protected
By Steven J. Oshins, Esq., AEP (Distinguished) Delaware Domestic Asset Protection Trust Delaware is one of the leading Domestic Asset Protection Trust (“DAPT”) jurisdictions, only behind the two guerrillas in the industry—Nevada and South Dakota—and arguably also behind up-and-comer Tennessee. This recent case involved a Delaware DAPT. The Facts of the Case In a case…
Read MoreThis is How to Gift Billions of Dollars of Wealth Without a Gift Tax
Very few, if any, of your clients are multi-billionaires. However, this article applies to clients with much smaller net worths as well.
Read MoreNevada Restricted LLC/LP – How to Get Larger Valuation Discount
By Steven J. Oshins, Esq., AEP (Distinguished) A large part of estate planning involves using techniques to compress value to transfer assets of larger value to the next generation with minimal taxes. To do this, estate planners often use family limited liability companies and family limited partnerships to facilitate gifting and installment sales of minority…
Read MoreFOMO: How the Fear of Missing Out Will Cause Bad Estate Planning Decisions Before the 12/31/2025 Sunset
By Steven J. Oshins, Esq., AEP (Distinguished) When the clock strikes midnight the evening of December 31, 2025, the federal estate and gift exemption will drop in half and many wealthy people will kick themselves for failing to make their gifts and use their gift tax exemption in time. That is, assuming the incoming President…
Read MoreSLATs and the Reciprocal Trust Doctrine: Just Because Nearly Everyone Is Violating It Doesn’t Make It Okay
By Steven J. Oshins, Esq., AEP (Distinguished) What is a Spousal Lifetime Access Trust? A Spousal Lifetime Access Trust (“SLAT”) is an irrevocable trust set up by one spouse for the benefit of the other spouse and other beneficiaries. The most frequently used version is the completed gift SLAT although incomplete gift SLATs can be…
Read MoreAsset 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 Beneficiary Controlled Trust*
By Steven J. Oshins, Esq., AEP (Distinguished) The Beneficiary Controlled Trust name was first introduced to the estate planning industry by my father and me in our two-part article, “Protecting & Preserving Wealth into the Next Millennium,” published in the September and October 1998 issues of Trusts & Estates magazine. [Portions of this article were…
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…
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