For the past 17 years, the American Bar Association Section of Real Property, Trust and Estate Law with the permission of the University of Miami School of Law, releases several extensive reports highlighting the various lectures and proceedings of the Heckerling Institute, one of the nation’s largest estate planning conferences, held every year in January. This past January 2016, marked the 50th Annual Heckerling Institute. To view, download and access these extensive reports, please click here to visit the ABA’s website. Further, at the above website, you can also access reports from prior Heckerling Institutes as well. We, at The…
With Estate Tax Planning Basically Dead, Here’s a Trust You Should Be Selling to a Lot of Your Clients
By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law It’s not a Living Trust (but it does have broad application). Nor is it an Asset Protection or Medicaid Trust (though it does have some asset protection features). And, thanks to a recent Supreme Court decision, this Trust has been made even better (or more valuable). Okay, here it is. The Standalone Retirement Trust (or “IRA Beneficiary Trust”, or, as I call it, the “IRA Inheritance Trust®”). It’s simply a trust that acts as beneficiary of a client’s IRAs…
My Spouse (or other loved one) is Heading Into a Nursing Home… What Should I Do Now?
Download Printable Article By Louis W. Pierro, Esq. If your estate planning clients are like mine, it takes time to educate them, and get them across the threshold, before they are willing to commit and pay the fees that you are looking to charge. On the other hand, by far the most motivated clients I have are those who are in crisis — they (or another family member) need nursing home care now, and are looking for help getting Medicaid, and saving some portion of their life savings. The value of our services is abundantly clear — and our clients…
The Top 8 Staff Training Tips for Estate Planning Law Firms – PART 2
Download the Full Printable Article By Kristina Schneider, Executive Assistant In continuation of the December 2015 issue… Law Firm Staff Training Tip #5: Have the Staff Member Create a Detailed Procedures Manual. Another important part of the staff member training is to have the staff member that is being trained be the one to create a detailed procedures manual out of the training that he or she received. Not only will it be helpful to have them write out the procedures manual in a detailed and very thorough format that would allow him or her to pick up the manual…
The Top Seven Estate Planning Stories of the Past Half-Decade
Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) The past half-decade provided the estate planning community with plenty of drama and a lot of uncertainty and twists and turns. This article will briefly describe a number of estate planning-related stories, sometimes dramatic, and other times just plain unexpected and unpredictable. These stories will appear in reverse-order, David Letterman style. Obergefell: States Can’t Prohibit Same-Sex Marriages On June 26, 2015, by a 5-4 majority, the U.S. Supreme Court ruled in Obergefell v. Hodges that a state can’t prohibit same-sex marriages and also must recognize valid out-of-state marriages. The rationale…
Understanding People’s Natural Fears
Download Printable Article By Tom Hopkins What is it that jumps in and brings presentations that were previously sailing smoothly along to a screeching halt? You may think it’s the financial aspects of your offering. Perhaps you think it’s the prospective client’s inability to make a decision. And, you would probably be correct. But, with selling being what it is — a bottom line business — let’s dig deeper and find the bottom line of what lies between you and your ‘potential future client’ coming to an agreement. The greatest enemy to the process of helping people make decisions about…
Should You Leave Assets in Trust for a Financially Savvy Beneficiary?
Download Printable Article By Jeremy Spackman, Esq. Absolutely! Traditionally, leaving assets to a beneficiary in trust, especially a financially savvy beneficiary, has been viewed as restricting the access and control the beneficiary would have over his or her inheritance. The common thought was that only spendthrifts should receive their inheritance in trust (with a third party in control of the trust), while the financially savvy beneficiary should receive his or her inheritance outright. This is not ideal since receiving an inheritance outright exposes those assets to the beneficiary’s creditors, including divorcing spouses. Instead, clients should leave assets to financially savvy…
The Top 8 Staff Training Tips for Estate Planning Law Firms – PART 1
Download Printable Article By Kristina Schneider, Executive Assistant Having worked with so many estate planning attorneys and support staff members, time and time again, I have seen that one of the major breakdowns in firm systems comes with the lack of proper job training. Things start to slip through the cracks and while one or two details won’t make or break the success of your firm, the compound effect of multiple staff members not trained right and doing their job duties as originally intended will become one of the biggest challenges for any brilliant estate planning attorney trying to manage…
The Hot, New Product to Sell to Your Clients: Medicaid Trusts
Download Printable Article By Louis W. Pierro, Esq. Asset protection planning has become a focal point for Trust and Estates attorneys, surpassing estate tax planning in many practices. Asset Protection Trusts (APT’s) take their names from being Domestic (DAPT’s) or Foreign (FAPT’s), but the largest market for asset protection planning is the middle class, with health care creditors posing the greatest risk. The most used APT is designed to qualify the Grantor for Medicaid, and is referred to as a Medicaid Asset Protection Trust (MAPT). In 1993, major federal legislation changed the rules regarding trust funds used by Medicaid applicants…
What’s Your Best Thing¹: A Music Lover’s Guide to Financial Success
By Jason Oshins, Financial Advisor, MBA Music is the perfect analogue for wealth planning. All parts are interrelated, with each component complementing the others. It requires balance, and once out of alignment, its results are compromised. This is true, irrespective of the music genre. For me, absolute perfection is represented by the Beatles. The lyrics complement the melody, the chorus complements the verses. Each player’s contribution complements the aggregate. The whole is greater than the sum of the parts. I recently had the gift of a day in the studio with another favorite band of mine, the English Beat. My…