By Jonathan G. Blattmachr, Esq. & Martin M. Shenkman, CPA/PFS, AEP (Distinguished), MBA, J.D. Reproduced with Permission by and Courtesy of Leimberg Information Services, Inc. (LISI). For information about how to subscribe to LISI, click here. “The election of Donald J. Trump as our 45th President was largely unexpected. It is difficult to forecast what that will mean during his term, and, perhaps, his second term. However, he has proposed wide-ranging changes to the nation’s tax system which will affect virtually all Americans and their advisors. Estate planners in particular face a dramatic impact on their practices.” EXECUTIVE SUMMARY: The…
2016 WealthCounsel Symposium Debrief
By Kristina Schneider, Executive Director It’s Tuesday, October 25, 2016 and I just returned to the office from the 2016 WealthCounsel Symposium in Washington, D.C. The annual conference for WealthCounsel is always one that is a bit personal to me, as it was the conference I first attended a week after Phil hired me back in July 2004. It’s always fun to see familiar faces and to be around the very people that we help throughout the year. As an internet-based company, it’s pretty rare that we have face-to-face contact and most of all of my contact with our customers…
You, Inc.: Branding Yourself in a Competitive Estate Planning Industry
Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) We are Brands Whether you are an attorney, a CPA, a trust officer or a financial advisor, you are who people think you are. Public perception is often more important than reality, at least in regard to the business you generate and the advisors and clients who contact you. You could be the smartest advisor in the world, but if nobody knows it then you won’t get the types of clients that you should be getting. We’re all brands, whether we like it or not. Other advisors think of us…
David vs. Goliath: How Nevada Became a Leading Trust Jurisdiction
Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) “Always remember…Goliath was a 40-point favorite over David.” -Shug Jordan (1910-1980), athlete and football and basketball coach Many years ago, Delaware was considered the go-to trust jurisdiction. However, other jurisdictions enhanced their trust laws through the years, and the consensus now is that Nevada, South Dakota, Alaska and Delaware are the first-tier jurisdictions, at least in the minds of most trust practitioners. Delaware has always been the Goliath in the trust industry, whereas the other jurisdictions have served the role of David. But Delaware has made less material enhancements to…
ABA Heckerling Reports from the 2016 Heckerling Institute
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 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…
Estate Planning to Elder Law: It’s As Natural As Growing Old
Download Printable Article By Louis W. Pierro, Esq. Are you looking for new services to offer your estate planning clients? Have revenues recovered since the permanent $5 million estate tax exemption was enacted? Prepare your office for the age wave and build your practice using skills you already possess as an estate planner. Living longer and in greater numbers is only a piece of the aging puzzle. The way we age is about to undergo a radical transformation, as Baby Boomers begin to turn 70 in 2016 at the rate of 10,000 per day. How we die has also changed…
5 Things Every Estate Planning Attorney Needs to Know About Using an Asset Protection Single Member LLC
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….