By Brandon E. Crooks, Principal at Counsel Trust Company There are over 5.5 million family businesses in the US with an average life span of 24 years (familybusinesscenter.com, 2010). About 40% of family-owned businesses turn into second-generation businesses; approximately 13% are passed down successfully to a third generation, and 3% to a fourth generation or beyond (Businessweek.com, 2010). Business owners are attractive clients due to the amount of wealth that lies within family-owned businesses. The challenge for advisors working with this group is that the business succession risks are greater than ever because nearly a third of owners have no…
3rd Annual Dynasty Trust State Rankings Chart Released
Every year, nationally renowned estate planning and asset protection attorney, Steven J. Oshins, J.D., AEP (Distinguished), puts together a state rankings chart for Dynasty Trusts, showing which states rank among the highest in the country for Dynasty Trust planning. To download a free copy of Steve’s 3rd Annual Dynasty Trust State Rankings Chart, complete the form below. In particular, some highlights of this year’s chart: include: The top 3 states are #1 South Dakota, #2 Nevada and #3 Alaska. The #4, #5 and #6 states will surprise many people. More weight was put on Decanting in this year’s chart versus…
Top Five Reasons to Situs Your Irrevocable Trust in a Different Jurisdiction
Download Printable Article By Steven J. Oshins, J.D., AEP (Distinguished) Most estate planners automatically situs their clients’ irrevocable trusts in the jurisdiction in which the client resides without considering the possibility of using a different jurisdiction. This is often done for no reason other than the fact that it is customary to do so. However, in many situations this decision causes a loss of potential benefits that may have been obtained by exploring the use of a different trust situs. Following are some of the common reasons to situs an irrevocable trust in a different jurisdiction: Reason #1: State Income…
Why Offshore Trusts Do Make Sense (A Brief Story)
By Jeffrey M. Verdon, J.D. Advising your clients on establishing and funding an offshore asset protection trust (APT) can be challenging. After all, what client wants to spend tens of thousands of dollars to take preventative steps against something they just don’t expect to happen? It is a lot like the decision a person goes through when buying a life insurance policy. I have never met a widow who thought her husband was over insured, but convincing the insured to purchase a policy can be a challenge. So it is with the offshore APT – the client must be sued…
Asset Protection Philosophy 101 by Steve Oshins
As featured in WealthCounsel Quarterly Newsletter. To subscribe to WealthCounsel’s free newsletter, click here. Asset protection has become a necessary part of every estate planner’s practice. As we see case law develop, it seems that every time a new decision is issued there are numerous blogs and comments made about the case at conferences, whether positive or negative. The litigators generally claim that the new case spells the end of the technique that was used and failed to work in this particular case. They will often claim that a technique “doesn’t work” based on one bad case. The asset protection…
Another Private Letter Ruling Approves NING Trust
By William D. Lipkind, J.D., LL.M. (Taxation) & Steven J. Oshins, J.D., AEP (Distinguished) | Volume 2, Issue 5 (May 2014) Taxpayers in high income tax jurisdictions with large unrealized capital gains or a regular stream of ordinary income from an investment portfolio have always wanted to find a way to eliminate or minimize their state income tax exposure without giving up the economic benefit of the underlying assets. On March 8, 2013, the IRS issued PLRs 20131002 through 20131006 approving such a trust under Nevada law. These landmark Rulings have opened the doors for many practitioners to take advantage…
Top Ten Asset Protection Mistakes Attorneys Make
By Steven J. Oshins Esq., AEP (Distinguished) Asset protection has become one of the hottest areas of practice, especially over the last decade. Although asset protection planning should be a fixture in every estate planner’s repertoire, there are still many asset protection opportunities that are missed. This article describes ten asset protection opportunities that are often overlooked. Asset Protection Mistake #1: Not discussing asset protection planning. Nearly every estate planning attorney makes a will and revocable trust discussion a given in every estate planning meeting, yet asset protection is often merely an afterthought. For many attorneys, unless the client or…
Help Your Clients by Using NING Trusts
For your wealthy clients that are looking to avoid state income taxes, one strategy to consider is to move their money and assets into trusts established in states with lower or even no tax, such as Delaware, Alaska and Nevada. One such strategy is something an Incomplete Non-Grantor Trust, set up in Delaware (also known as a “DING”) and now its Nevada counterpart (“NING”). See Bloomberg article: Wealthy N.Y. Residents Escape Tax With Trusts in Nevada Also, you may be interested in our On-Demand Program with nationally renowned estate and asset protection attorneys, William Lipkind and Steven Oshins. See: “The…
Steve Oshins & Bob Keebler on Berlinger v. Casselberry: Discretionary Trusts Available to Alimony Creditor Steve Leimberg’s Asset Protection Planning Newsletter
Thanks to generosity of Leimberg Information Services, we are pleased to provide to you a recently published article on LISI, where nationally renowned estate and asset protection attorney, Steve Oshins, and CPA, Bob Keebler, report on a new Florida case determining whether an alimony creditor can access distributions from Florida discretionary trusts. “The uniqueness of this case is that writs of garnishment were applied to discretionary trusts. This violates the general rule that discretionary trusts are protected from all classes of creditors and support trusts (which must rely on their spendthrift provision for protection) are protected from all creditors except…
2013 Year-End Tax Planning Ideas (Part 3)
By Robert S. Keebler, CPA, MST, AEP (Distinguished) As we near the end of 2013, year-end tax planning again takes center stage. In the last two newsletters we covered two of the most important year-end planning strategies in detail—loss harvesting and Roth IRA conversions. In this newsletter we summarize a number of other strategies that may produce substantial tax savings. Making Trust Distributions The tax brackets for trusts are much more compressed than the tax brackets for individuals. Trusts begin being taxed at the top rate of 39.6% when income rises above $11,950. By contrast, individuals filing joint returns don’t…