By Steven J. Oshins, Esq., AEP (Distinguished) State income tax avoidance planning has become a necessary area of expertise for all estate planners. After all, how can an estate planner design a trust without first analyzing the income tax effects of selecting residents of different states as trustees? The 8th Annual Non-Grantor Trust State Income Tax Chart The 8th Annual Non-Grantor Trust State Income Tax Chart is a summary of the state income tax rules for non-grantor trusts and highest state income tax rate from state to state. It simplifies the analysis by summarizing each state’s taxing rules and providing…
Are You a Helicopter Boss? How Micromanaging is Killing Your Practice
By Kristina Schneider, Practice Success Coach You may have heard of the term “helicopter parent”. It’s a term used to describe that parenting style where they “hover overhead”, like helicopters, over everything that their child is doing, overseeing and trying to control and supervise all aspects of their lives. This type of style can also be found in the workplace. A helicopter boss, whether it’s the attorney business owner or perhaps an office manager or other person in some type of supervisory role over others, is someone whose management style is similar to this parenting style. It’s someone who is…
Profiling 15-Year-Old Estate Planning Attorney Sidd Finch, III
By Steven J. Oshins, Esq., AEP (Distinguished) This article profiles a once-in-a-lifetime talent who is a mere 15 years old. His name is Sidd Finch, III. I recently learned about him when reading an online article at Law.com noting that he had just passed the California State Bar Exam. Early Childhood: Chess Grandmaster at 12 Years Old Sidd is unlike any other 15-year-old. He was born and raised in a small town in New Jersey to parents Sidd Finch, II and Shelly Finch. Sidd is a cardiologist and Shelly is a family law attorney. They realized at a young age…
IRS PLR Approves Adding Formula General Power of Appointment for Basis Step Up
By Edwin P. Morrow, III, J.D., LL.M., MBA, CFP®, CM&AA® In PLR 202206008, the IRS approved of a judicial modification (approval of settlement) of a GST grandfathered trust to add a formula testamentary general power of appointment that would enable the remainder beneficiaries to receive a step up in basis over such assets at the primary beneficiary (child of settlor) powerholder’s death. The IRS ruled that 1) this addition did not disturb the GST exempt nature of the trust or cause any adverse GST consequences and that 2) it would cause estate inclusion over only the desired amount (more on this…
Having Disconnects and Conflicts in the Office Right Now?
By Kristina Schneider, Practice Success Coach With everything going on in the world right now, it is safe to say that most people are under much more stress than usual. From dealing with concerns around the pandemic and working in a post-pandemic world, managing the constantly barrage of headlines, politics and war, to feeling a whole spectrum of emotions about all the change and heaviness that has happened in past couple of years. Business owners and employees with young children are having to juggle their own set of challenges trying to navigate care and schooling for their children, while we…
Steve Oshins: Estate Planning for Large Estates
Estate Planning Attorney, Philip Kavesh, and President of The Ultimate Estate Planner, Inc. recently interviewed nationally-known estate planning and asset protection attorney, Steve Oshins. The interview consisted of a number of questions related to estate planning for large estates. Following are some of the highlights of the interview. Phil Kavesh: What do you consider a large estate? Steve Oshins: I would define “large” as $30 million or more. Roughly half of my clients are over that number and half are under that number. Phil Kavesh: What does the $30 million-plus client think about? Steve Oshins: These clients generally know that they…
How Do You Properly Compensate (and Incentivize) Associate Attorneys?
By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law One of the biggest mistakes I see attorneys that own their own practices make is failing to properly incentivize associate attorneys. The primary way I have done this successfully for many years is through monthly bonuses. Whereas attorney bonuses are usually purely discretionary and undefined in advance as to their amount and frequency, the bonus system that I have developed is based on a clearly defined formula. By utilizing monthly bonuses, you will not only make your associate attorneys…
Failure: The Great Teacher
By David Giuliano, Business Coach I think we can all agree that failure is not a beloved or relished part of life. It gets a bad rap but truthfully there’s no better teacher. It’s been said you don’t know where you’re vulnerable until you fail. Very true. When making any major change, failure happens all the time. I have to address this issue because so many of my clients – a majority of who are lawyers and other business professionals – have very little tolerance for mistakes or failure. They punish themselves, twist others into knots, judge too harshly and…
Basis Bump Planning: Using Grandma to Get a Stepped-Up Income Tax Basis
By Steven J. Oshins, Esq., AEP (Distinguished) The federal estate and gift tax exemption is at an all-time high. In fact, it’s so high that very few people would owe any federal estate tax if they were to die today. Therefore, almost everybody dies leaving unused estate tax exemption on the table. Estate Tax Exemption as Currency Dollar, Euro, Yen, Pound, Franc, Peso, Estate Tax Exemption! Yes, Estate Tax Exemption! Estate Tax Exemption is a form of currency. However, unlike the other currencies, if you don’t use it during your lifetime you can’t pass it to your heirs (other than…
What to Do When an Associate Attorney Leaves Your Firm
By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law If you run your own law practice and have ever had to hire an associate attorney, one of the biggest concerns and risks you take is that one day that associate attorney may decide to leave your firm. Unfortunately, this is a business where a trained employee can easily set up his or her own shop and there is little you can do to restrict it from happening. It can be one of the most disruptive and chaotic things…