By Mason D. Salisbury, J.D. Single Member Limited Liability Companies (or “SMLLCs”) are the basic building blocks of asset protection entities. For many clients, SMLLCs may be the only asset protection entity they need. However, not all SMLLCs are created equal as asset protectors and some (too many) are hardly worth the paper they are filed on. An asset protection SMLLC is specifically organized at every point to fight and win against creditor attorneys, that is, to actually provide asset protection if challenged. Below are five things every estate planning attorney should know about using SMLLCs to protect client’s assets….
If You’re Doing Seminars (or Are Thinking About Doing Them) Your Staff Better Know About and Be Handling These Important Details!
Download Printable Article By Kristina Schneider, Executive Assistant The common saying “The devil is in the details” is probably never more true than when it comes to seminar marketing. Whenever I’m discussing seminar marketing with attorneys, it becomes pretty clear to me that a lot of estate planning attorneys are overlooking a number of key details that should be completed. Successful seminar marketing is the result that comes from the compound effect of a lot of steps to be handled during the planning process, just before the seminar, during the seminar, and right after. Even missing one or two of…
Cloud Still Hangs Over Validity of Nevada’s Perpetuities Law
Download Printable Article By Matthew D. Blattmachr, Trust Officer Despite the contention by some that the recent decision of the Nevada Supreme Court in Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc., 131 Nev. Advance Opinion 13 (Bullion) eliminates any question concerning the invalidity of the Nevada statute permitting trusts to last for 365 years, a careful review of this well written decision does not, in fact, seem to do so. In fact, the decision does not even appear related to trusts. The court frames the question it was asked to answer as “whether Nevada’s “Rule Against Perpetuities appl[ies]…
The Two-Year Installment Sale
Download Printable Article By Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA From 2003 to 2012, the long-term capital gains rate was 5% for taxpayers in the two lowest ordinary income tax brackets and 15% for all other taxpayers. The American Taxpayer Relief Act of 2012 (ATRA) added new progressivity to the tax rates, setting the long-term capital gains rate at 0% for the 10% and 15% ordinary income tax brackets, 15% for the 25% and 35% ordinary income brackets and 20% for the 39.6% ordinary income tax bracket. This progressivity greatly increases the importance of spreading out large long-term…
Nevada Supreme Court Approves 365-Year Dynasty Trusts and Sends a Message
Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) In a unanimous opinion issued on March 26, 2015, the Supreme Court of the State of Nevada made a bold statement by ratifying the Nevada 365-year rule against perpetuities in the case of Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc., 131 Nev. Advance Opinion 13 (2015). Although the 365-year perpetuities law was already firmly engraved in the Nevada statutes and therefore this court case should have gone largely unnoticed, it was the message sent by the Nevada Supreme Court Justices to a small group of anti-Nevada promoters that…
PBS Special: Caring For Mom & Dad
We recently received this e-mail from our esteemed colleague, Joan Medeiros, who brought to our attention a PBS Special on the challenges that caregivers of the elderly face: “I am frequently asked by clients about how to care for their elderly family members. I know from personal experience how difficult, emotional, and complicated caring for an elderly parent can be. PBS aired a very good special regarding this issue last Thursday night, but it also available for viewing via their website, which I have listed below. I thought you might have some interest in watching it; please feel free to…
Helpful Computer Programs for Organization and Efficiency
Download Printable Article By Megan DeLaGarza, Executive Assistant Staying organized and on top of a busy workload and boss can be time-consuming and overwhelming. Even if you have a plan of attack, it’s not always easy to find where exactly to start or the best way to implement new ideas. Below are a few resources that might prove helpful not only for you, but perhaps for your entire firm, to execute efficient and effective daily work. Text Expander. Save time and effort with TextExpander to avoid typing the same thing over and over, whether it’s a simple email signature or…
New Single Member LLC Veil Piercing Case Is a Wakeup Call to Attorneys and Spells Opportunity
Download Printable Article By Mason D. Salisbury, J.D. The case in point is the Wyoming Supreme Court’s Greenhunter Energy, Inc. v. Western, 2014 WY 144, 2014 WL 5794332 (WY S.C., Nov. 7, 2014). First and foremost, Greenhunter reminds us that single member LLCs (“SMLLCs”) really do get pierced! But contrary to some initial reactions, Greenhunter is not the death knell for SMLLCs as asset protectors, far from it! The better take on Greenhunter with its emphasis on the multipart State court analysis of SMLLC piercing “factors” is twofold. One, Greenhunter is most certainly a wakeup call to drafting attorneys that…
The Top 10 Seminar Planning & Marketing Mistakes Attorneys Make!
Download Printable Article By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law We’ve indicated time and time again in this newsletter column why seminar marketing – – whether to the public, to professional referral sources, or to your existing clients – – can drive substantial, consistent revenue into your practice (and has, for me, for over 30 years). But, successful seminar results depend on the details of your seminar marketing being done right. Some estate planning professionals ignore, or simply aren’t aware of, these details and their seminar…
Mastering Portability
Download Printable Article By: Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA An important provision within the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (“2010 Tax Relief Act”) allows an executor of an estate of a married decedent the option to transfer any unused estate tax exemption amount to the surviving spouse.[1] Thus, for example, if a decedent used only a portion of his or her estate tax exemption, the estate could elect to have the remaining portion pass to the surviving spouse, giving the surviving spouse a larger estate tax exemption.[2] Although this portability provision…