By Edwin P. Morrow, III, J.D., LL.M., MBA, CFP®, CM&AA® and Nancy H. Welber, J.D., ACTEC Thanks to the generosity of Leimberg Information Services, we are pleased to provide you this recently published article on LISI. EXECUTIVE SUMMARY Section 307 of the SECURE 2.0 Act, effective beginning in 2023, provides an expansion of the qualified charitable distribution (QCD) provisions to adjust for inflation and include limited distributions to fund charitable gift annuities and charitable remainder trusts. There are several limitations that severely restrict the usefulness of this new provision, however, particularly for QCDs to charitable remainder trusts. FACTS Congress recently…
The Outstanding Success of an Estate Planning Attorney’s First Year in Practice
Interview of Attorney Leigh Cowden by Kristina Schneider, Practice Success Coach I had the opportunity to meet Leigh Cowden virtually through a Facebook group she formed called Lawyers Doing Seminars. I followed a lot of her success and she gave me the opportunity to share some of our own seminar marketing tips with the group on one of their monthly Zoom sessions. From there, she began to inquire with me about what we do and attended our Ultimate Level event in Dallas in May. I have followed her progress over the past few months and she then shared with the…
Advisors Who Don’t Use Out-of-State Trusts: What Their Clients Get
By Steven J. Oshins, Esq., AEP (Distinguished) Most advisors stick to using their own home state’s trust laws and fail to take advantage of other states’ more favorable laws. This would be like forming business entities in your home state rather than going to traditional best states such as Nevada or Delaware. This analogy should put in perspective how much is lost for the client by failing to maximize the use of more favorable trust laws. What This Means for the Clients The clients of advisors who fail to use out-of-state trusts often can’t modify preexisting irrevocable trusts without going…
2023 National Estate Planning Awareness Month
The third week of October is National Estate Planning Awareness Week. It’s October 16-22 this year. Bringing awareness and educating the public about estate planning is crucial to not only keeping families out of Probate Court, but also for helping manage, preserve and distribute their hard-earned assets to their loved ones, as they wish. To help spread the word about estate planning and National Estate Planning Awareness Week, feel free to download and use the image below in your public marketing (website, blogs, newsletters, social media, etc.).
Three-Year-Old Tiffany Oshins Interviews Daddy About Domestic Asset Protection Trusts
By Tiffany A. Oshins and Steven J. Oshins, Esq., AEP (Distinguished) Three-year-old student Tiffany A. Oshins (“Tiffany”) recently sat down with her father, estate planning attorney Steve Oshins (“Daddy”). Tiffany interviewed Daddy about asset protection planning and Domestic Asset Protection Trusts. Below are highlights from the interview. [Daddy helped Tiffany with a lot of her spelling.] Tiffany: I overhear you talking about asset protection planning all the time. How do you start this conversation with prospective clients? Daddy: Many of them come to me specifically for asset protection planning. So the conversation is simple with them because they already have that…
How to Work Around California’s Anti-ING Trust Legislation
By Steven J. Oshins, Esq., AEP (Distinguished) It finally happened. California passed SB 131 in its 2023 legislative session which, among other things, sadly contains a provision treating all so-called Incomplete Non-Grantor Trusts (“ING Trusts”) as grantor trusts taxed to the settlor. This takes away a key tool planners have used for many years to reduce California state income tax on taxable income not sourced to California. The legislation is effective retroactive to January 1, 2023, so many California residents were wrongly punished for following the law that existed prior to the date this legislation passed. It remains to be…
5 Commonly Overlooked Uses of Life Insurance
By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law Now that estate taxes apply to less than 0.2% of Americans, I have had life insurance agents (as well as financial planners, CPAs, and attorneys) ask me whether there’s any need for life insurance anymore in clients’ planning, beyond the still standard needs for replacing the income of a head of household or funding a business partner buy-sell agreement. Over my 40+ years of experience in advising clients on estate, tax, and financial planning, I have seen and utilized…
SECURE 2.0 Act Enhances Special Needs—See Through Trust Planning
By Edwin P. Morrow, III, J.D., LL.M., MBA, CFP®, CM&AA® and Nancy H. Welber, J.D., ACTEC Thanks to the generosity of Leimberg Information Services, we are pleased to provide you this recently published article on LISI. EXECUTIVE SUMMARY Section 337 of the Secure 2.0 Act, effective in 2023, provides a welcome, though very limited in scope, enhancement to special needs trusts designed to receive retirement benefits and qualify as see through trusts under the Secure Act provision for applicable multi-beneficiary trusts (AMBTs). The new provision provides that most charities can now be remainder beneficiaries after the death of a disabled…
SECURE Act 2.0 Offers Longer Stretch for Conduit Trusts, But Contains Traps for Surviving Spouses
By Edwin P. Morrow, III, J.D., LL.M., MBA, CFP®, CM&AA® Thanks to the generosity of Leimberg Information Services, we are pleased to provide you this recently published article on LISI. EXECUTIVE SUMMARY Section 327 of the SECURE Act 2.0, effective in 2024, will provide over $1.1 billion in new tax benefits for those in the know, but traps for the unwary. The downside is that the changes may actually be quite harmful in certain situations for surviving spouses inheriting retirement plans, causing an earlier required beginning date and higher required minimum distributions (“RMDs”) than under current law, if the new…
Why Do Nevada and Delaware Get Most of the ING Trust Business?
By Steven J. Oshins, Esq., AEP (Distinguished) We keep hearing about NING Trusts (Nevada) and DING Trusts (Delaware). Occasionally, but much less often, we hear about WING Trusts (Wyoming) too. Nevada and Delaware clearly get the vast majority of the ING Trust business. Wyoming seems to be the next jurisdiction to take a reasonably good chunk of the pie. Is this because these jurisdictions actually have the best laws? Or is it simply a function of good marketing? The words “NING”, “DING” and “WING” just roll off the tip of your tongue, eh? Let’s take a close look at ING…