For the past 22 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 week in Orlando, Florida, the 53rd Annual Heckerling Institute on Estate Planning took place. To view, download and access these extensive reports (which are still being updated and added), see below. Further, at the above website, you can also access reports from prior Heckerling…
529 Misconceptions About 529 Plans
By Alan S. Gassman J.D., LL.M. (Taxation), Florida State Bar Certified Specialist in Wills, Trusts & Estates, AEP (Distinguished) Internal Revenue Code Section 529 was enacted in 1996 to allow interest, dividends, and capital gains that occur under mutual fund-like wrappers to be tax-free if the entire fund is spent on qualified educational expenses. The 2017 Tax Act expanded qualified educational expenses to include up to $10,000 per year for kindergarten through 12th grade tuition, beginning in 2018. There are many misconceptions and thousands of mistakes made with respect to 529 plans. The following list and explanation should be helpful to many. #1. …
The Beneficiary Controlled Trust
By Steven J. Oshins, Esq., AEP (Distinguished) The Beneficiary Controlled Trust name was first introduced to the estate planning industry by my father and I in our two-part article, “Protecting & Preserving Wealth into the Next Millennium,” published in the September and October 1998 issues of Trusts & Estates magazine. [Portions of this article were taken from the 1998 article.] Since that time, the Beneficiary Controlled Trust concept has been widely used by estate planners all over the country. This article describes this philosophy. Background Most trust scriveners draft trusts that make mandatory distributions to the beneficiaries upon reaching certain…
Dynasty Trust Situs Battle Royale
By Steven J. Oshins, Esq., AEP (Distinguished) A “Dynasty Trust” is an irrevocable trust that continues for as long as the applicable state law allows. For as long as it continues, the trust assets can be protected from estate taxes and, depending upon the choice of situs and how the trust is drafted, can also be protected from divorcing spouses and other creditors. The jurisdictional competition for Dynasty Trust supremacy is alive and well. In this cut-throat industry where billions of dollars are being passed through Dynasty Trusts, the stage is now set for the Dynasty Trust Situs Battle Royale….
Identifying an Asset Protection Trust Candidate
By Steven J. Oshins, Esq., AEP (Distinguished) If I had a Nickel for Every Time… If I had a nickel for every time an estate planning advisor called or emailed me with a prospective client that they deem to be an absolutely perfect asset protection trust candidate “because they’re in a lot of trouble”, I would be a rich man! This is How the Conversation Often Goes Bernie the Attorney: Hi, Steve. I have the perfect referral for you for an asset protection trust. Steve Oshins: Great! Tell me a little about the referral. Bernie the Attorney: Well, my client…
199A – The Real Regulatory Story: Revelations From The Proposed Regulations
By Alan S. Gassman J.D., LL.M. (Taxation), Florida State Bar Certified Specialist in Wills, Trusts & Estates, AEP (Distinguished) As most estate planners know, the new Section 199A proposed regulations were released earlier in August to great fanfare and curiosity. My team and I have spent considerable time, already, poring through the language and changes. We were given the opportunity to share our thoughts and summary of these regulations in an article featured on Forbes.com. To read this article, click here. SECTION 199A RESOURCES Here are some other Section 199A resources that may be of interest to you: PROGRAM REPLAY: “Section 199A…
ASK THE EXPERT: Answers to Common Questions About IRA Trusts
By: The Ultimate Estate Planner, Inc. The IRA Inheritance Trust® (also known as a “Standalone Retirement Trust”, “IRA Beneficiary Trust” or just plain and simple “IRA Trust”) has now been around for over 10 years. The IRS approved this strategy in PLR200573044 and, even though, it’s been around for some time, it’s only now that so many estate planners are starting to implement and use this planning for their clients. Whether it’s fear of learning something new, not fully understanding or being clear about the benefits for using this trust strategy, or just not having ever heard of it, it…
Estate Planning is a New Ballgame!
By Martin M. Shenkman, CPA, MBA, PFS, AEP, JD Estate planning is evolving in significant ways, and if you have not updated your planning and documents (planning always must precede documents) for the new world of estate planning, your planning will likely NOT (caps intended) work. In December 2017 what some call the Tax Cut Jobs Act of 2017 (the “2017 Tax Act”) which dramatically changed how many people should handle all tax planning (not just their estate tax planning). More than ever before your estate planning is intertwined with your income tax planning. Many (perhaps most) old wills and…
ABA Heckerling Reports from the 2018 Heckerling Institute
For the past 19 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 2018, marked the 52nd 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…
FREE WEBINAR: Adding Business Planning To Your Estate Planning Practice
If you’re an estate planning attorney, you may have been struggling to figure out what’s the “next best thing” coming to you in your practice now that estate tax planning is (and has been for the last several years) effectively dead. Business law is often an effective complement to an estate planning practice. The folks at WealthCounsel, LLC are hosting a free 60-minute webinar on Tuesday, February 27, 2018 at 10am Pacific Time (1pm Eastern Time) entitled, “Adding Business Planning To Your Estate Planning Practice” with speakers, Jeramie Fortenberry, J.D., LL.M. and Patrick Carlson, J.D., LL.M. *NOTE: This program is sponsored…