Which Type of Trust is Most Important for Top 1% Financial Advisors to Know About?

By Steven J. Oshins, Esq., AEP (Distinguished) Are you a financial advisor? If so, you’re likely compensated in large part based on assets under management. Therefore, your interests are aligned with those of our clients. The better you do for them, the better you do for yourself. THE STATE INCOME TAX DRAG Just as it is frustrating for our clients in states with a state income tax to pay that tax on taxable dividends and capital gains, it must be nearly as frustrating for the financial advisor whose income is also adversely affected by this state income tax drag. What if…

Situs Your Trust in a First-Tier Trust Jurisdiction

By Steven J. Oshins, Esq., AEP (Distinguished) and Mark Dreschler Not all jurisdictions have favorable trust laws. In fact, most jurisdictions’ trust laws are inferior in comparison to those of the first-tier trust jurisdictions. Despite the limitations found in most trust jurisdictions laws, estate planners generally limit their planning to the client’s home jurisdiction. This article will provide multiple reasons not to do so and will explain some of the opportunities that are lost by failing to consider a top trust jurisdiction. COMMON REASONS TO SITUS A TRUST IN A TOP-TIER TRUST JURISDICTION Following are some of the common reasons…

Trustasaurus: The Gradual Extinction of the Age 25, 30 and 35 Trust

By Steven J. Oshins, Esq., AEP (Distinguished) Read nearly every trust drafted by nearly every law firm and you’ll see provisions that make mandatory distributions at staggered ages. Why is this done? I have no idea. Maybe because their standard “form” trust agreement does that??? Is it good planning? Absolutely not! STAGGERED DISTRIBUTION TRUST A “Staggered Distribution Trust” is a trust that makes mandatory staggered distributions upon the beneficiary reaching staggered ages. The most widely-used provisions distribute one-third at age 25, one-half of the balance at age 30 and the balance at age 35. The philosophy of doing this is…

The Inheritor’s Trust: How I Want to Inherit from Mommy and Daddy

By Tiffany A. Oshins  The term “Inheritor’s Trust” was service marked at the Patent & Trademark Office by my Daddy (Steve Oshins), my Grandpa (Richard Oshins) and another attorney (Noel Ice) in 2003.  They abandoned the service mark in 2006 after the Patent & Trademark Office determined it to have become a term of common usage. Despite the abandonment of the service mark, the estate planning industry continues to use the term.  As a potential future inheritor, I would like to receive all gifts and bequests from Mommy and Daddy in an Inheritor’s Trust.  This article will explain this concept…

The Estate Planning “Perfect Storm”

An Interview with Steven J. Oshins, Esq., AEP (Distinguished) Nationally-known estate planning attorney Steve Oshins and nationally-known CPA Bob Keebler recently gave a joint teleconference for us entitled, “Estate Planning Techniques in a Time of Low Interest Rates”. In that presentation, Steve and Bob coined the term “PERFECT STORM” to reflect the current estate planning environment.  We interviewed Steve after the session and are pleased to bring to you highlights from the transcript of the interview. UEP:  Why did you and Bob call the current estate planning environment the “PERFECT STORM”? SO:  We did so for two reasons.  First of…

FREE Hybrid Domestic Asset Protection Trust Client Acquisition Slideshow

Nationally renowned estate and asset protection attorney, Steven J. Oshins, J.D., AEP (Distinguished), has released a FREE Hybrid Domestic Asset Protection Trust (“Hybrid DAPT”) client acquisition slideshow. Whether you’re an attorney, CPA, financial advisor, life insurance agent or trust officer, spend less than 8 minutes to check out this slideshow and use this free tool to educate yourself, your clients, and your prospective clients on the Hybrid DAPT concept! DIRECT LINK Related Education If you’re interested in learning more about the Hybrid DAPT, you might also be interested in the On-Demand presentation that Steve Oshins has on this topic.  For…

The 11th Annual DAPT State Rankings Chart Released!

By Steven J. Oshins, Esq., AEP (Distinguished) It’s that time of year again!  The time when estate planners hold their breath, anxiously awaiting the release of the Annual Domestic Asset Protection Trust State Rankings Chart.  Where will their favored jurisdiction land? The 11th Annual Domestic Asset Protection Trust State Rankings Chart was created to serve as a single page guide to various states’ DAPT statutes.  The states are ranked based on various material factors that are important in selecting a situs for the trust.  Although the weights that are applied to different variables are subjective, the methodology used is likely very similar…

How the Hybrid Domestic Asset Protection Trust Has Changed the Entire Asset Protection Industry

By Steven J. Oshins, Esq., AEP (Distinguished) The Different Asset Protection Options There are three main trust options:  Domestic Asset Protection Trusts (“DAPTs”), Foreign Asset Protection Trusts (“FAPTs”) and Hybrid Domestic Asset Protection Trusts (“Hybrid DAPTs”). Domestic Asset Protection Trusts A traditional DAPT is an irrevocable trust set up under the laws of one of the 19 states that allows such a trust.  The person setting up and funding the trust (the “settlor”) does not need to reside in one of those 19 jurisdictions.  Under the statutes of each of those jurisdictions, after a certain waiting period, the assets transferred…

The SECURE Act: Everything You Need to Know (and How to Advise Your Clients!)

On December 20, 2019, President Trump signed a spending bill which had attached to it a piece of legislation that much of the estate, tax and financial world has been anxiously awaiting for an update on called the “Setting Every Community Up for Retirement Enhancement Act of 2019” (or “SECURE Act”). The SECURE Act went into effect January 1st, 2020 and is set to dramatically impact retirement planning for you and your clients! As many are aware, the most important provision of the SECURE Act to impact our clients and the planning we do for them includes the elimination of…

The 2010-2019 All-Decade Estate Planning Awards

By Steven J. Oshins, Esq., AEP (Distinguished) This past decade has arguably seen more changes in the estate planning industry than ever before. This article will highlight many of these changes by handing out awards in a number of different categories. #1. MOST SUBSTANTIAL CHANGE IN THE LAW AWARD WINNER: SUBSTANTIAL INCREASE IN ESTATE TAX EXEMPTION. The change in the law that has been the most significant was the substantial increase in the federal estate tax exemption. No other change in the law played such a prominent role in the way estate planners plan since this essentially turned estate tax planners…