By Steven J. Oshins, Esq., AEP (Distinguished) In an official hearing, a “motion” is a formal proposal made to the group to take or not take an intended action. This article will put forth seven motions for consideration in the estate planning industry. Motion #1: I hereby make a motion that from this day forward nobody shall continue to claim that Domestic Asset Protection Trusts don’t work. Result- Motion Granted: It has been 20 years since the first Domestic Asset Protection Trust statute was enacted. In this period of time, to this date there still hasn’t been even one non-bankruptcy,…
Trust Administration: Why it Should be a Part of Your Practice
By Kristin L. Yokomoto, J.D., LL.M. (Taxation) As an estate planner, you help your clients to achieve extremely important goals including, among other things, to nominate guardians for minors; avoid probate; minimize gift, estate and generation skipping transfer taxes; protect their children and other beneficiaries’ inheritance from creditors and predators; and nominate agents, trustees and executors who will manage their estate and make decisions for them upon incapacity or death. It can be a very fulfilling and rewarding process for both you and your clients during which time they necessarily share some of their most private information – marriage and…
Three Ways Your Business Planning Practice May Be Impacted by Republican Tax Reform Proposals
By Jennifer L. Villier, JD | Legal Education Faculty, WealthCounsel On the heels of his inauguration, President Trump quickly got to work exercising his executive authority to implement some of his campaign proposals. With a stroke of his pen, President Trump has frozen pending regulations, increased border security measures, frozen federal hiring, withdrawn from the Trans-Pacific Partnership, and prioritized deportation of undocumented immigrants. President Trump has stressed that putting “America first” by protecting our borders and bolstering small businesses are fundamental to his objective of driving domestic economic growth. While we await developments on proposed tax reform, we can prepare…
Robert Keebler Podcast on the Death Tax Repeal Act of 2017
Thanks to the generosity of Stephan Leimberg and Leimberg Information Services, we are pleased to bring to you complimentary podcasts on the following important updates. Senate Bill 205, the Death Tax Repeal Act of 2017 Senate Bill 205, the Death Tax Repeal Act of 2017, would not only repeal the estate tax — it would also eliminate a technique designed to reduce state income tax, the ING trust. Bob Keebler reports. LISI members can read more about S. 205 and other estate tax repeal proposals in Estate Planning Newsletter No. 2516 by Ed Morrow, published on February 10, 2017. To…
My Three Sons – Planning for Children of All Ages
By Alan S. Gassman J.D., LL.M. (Taxation), Florida State Bar Certified Specialist in Wills, Trusts & Estates, AEP (Distinguished) In the 1960’s sitcom, My Three Sons, Fred MacMurray played the thoughtful and patient parent of three adolescent and teenage boys, who learned many interesting lessons living a wholesome life in suburban American. Parents with children of all ages need guidance in a number of areas that are typically not mentioned during an estate or financial planning meeting. The planner who brings up the discussion points set forth below will certainly be providing his or her clients with better tailored planning…
Technique of the Month: Decanting to Remove a Mandatory Income Interest
Download Printable Article By Steven J. Oshins, Esq., AEP (Distinguished) Trust decanting is the act of distributing assets from one trust to a new trust with different terms. Just as one can decant wine by pouring it from its original bottle into a new bottle, leaving the unwanted sediment in the original bottle, one can pour the assets from one trust into a new trust, leaving the unwanted terms in the original trust. Which States Allow a Decanting to Removing a Mandatory Income Interest? There are now 25 states that have decanting statutes. Of the 25 states, only six of…
Free Webinar – Estate Planning in 2017 & Beyond
Courtesy of WealthCounsel, LLC Ever since 2001, the keyword for estate tax planning has been “flexibility.” Thanks to a 10-year phased-in temporary estate tax repeal, followed by a massive economic recession, and then followed by the Tax Act of 2012 that effectively repealed estate tax for all but 0.2% of the population in the United States, estate planning has been anything but predictable or boring. Fast forward to 2017, estate planners are left wondering… “What will the Republican-controlled Senate and the Donald Trump Presidency bring in terms of tax changes and how will that impact the estate planning industry?” Estate…
Top Five Reasons Not to Overreact to the Possibility of Estate Tax Repeal
Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) At the time of this writing, President-elect Donald Trump is preparing to take office. This marks a dramatic change in political philosophies as we will soon have a Republican president, a Republican-controlled House and a Republican-controlled Senate. Thus, there is a likelihood that we will see and hear about drastic changes in the tax code. Does this mean that the estate tax will be abolished? Does this spell the end to advanced estate tax planning? If you listen to many estate planners or read many of the media articles, it…
Hard to Figure: The Critical Importance of Current Continuous Estate Planning
By Jonathan G. Blattmachr, Esq. & Martin M. Shenkman, CPA/PFS, AEP (Distinguished), MBA, J.D. Reproduced with Permission by and Courtesy of Leimberg Information Services, Inc. (LISI). For information about how to subscribe to LISI, click here. “The ‘politics’ of the estate tax have been unstable for a long time. That certainly is the case now. Regardless of whether the estate tax is repealed next year, it might well return by reason of a sunset provision or a change in control of the White House and Congress. Unless a client is certain to die while the estate tax is not…
The Power of Just a Little Bit
Download Printable Article By Jason Oshins, Financial Advisor, MBA As the calendar changes from December to January, we take stock of ourselves – our health, our habits, our finances. We then formulate garish, outrageous resolutions, oftentimes setting ourselves up for failure. We commit to cutting out all fat, never eating ice cream, waking up four days a week to work out, running five miles the other three days, learning how to play guitar, and joining a book club. According to the messages all around us, we must be “all in”, after all. Invariably, when January turns to February, we eat…