Why Not To Use Incentive Clauses in Trusts

By Steven J. Oshins, Esq., AEP (Distinguished) Many attorneys draft incentive clauses into trusts. An incentive clause generally makes additional distributions to the beneficiary upon reaching certain milestones. Probably the most popular incentive clause is one which makes mandatory distributions based on matching the beneficiary’s salary. That sounds great until you actually think through a real-life example and the disastrous results. A REAL-LIFE EXAMPLE Assume that Client has three young children. Child A grows up to be a top surgeon earning $3 million per year. Child B becomes a stay-at-home parent to three wonderful children and is one of the…

Punditry, Politics, and Your Portfolio

By Jason Oshins, Financial Advisor, MBA Most advisors are fielding the same question multiple times each day: “What should I do about my investments?”. With the election fresh on our minds, let’s review context and determine a prudent answer to this ubiquitous question. Let’s face it, if 2020 were a song, it would be “Macarena”. Meaning, for most, it can’t end soon enough. We’re definitely in the thick of it. Everywhere you turn, people are talking about the state of the world. What if Biden wins the election? What if Trump is reelected? How will COVID-19 impact everything? What does…

U.S. States Not Reporting Recoveries | Coronavirus Stock Market Insight Series

We have invited Harvard educated economist, Dryden Pence – – who regularly appears on TV at Fox Business News, CNBC, and Bloomberg Business – – to address the burning questions in the minds of so many estate planners (and their clients) during these difficult times. This will be the 7th video of Dryden’s “Coronavirus Stock Market Insight” series. Market volatility, news headlines, and reported government responses to this pandemic can be unsettling, alarming, and confusing. The management at Pence Wealth Management has years of experience in navigating confusing market turbulence. Source: YouTube DISCLOSURE: The opinions voiced in this material are for…

Road to Recovery | Coronavirus Stock Market Insight Series

We have invited Harvard educated economist, Dryden Pence – – who regularly appears on TV at Fox Business News, CNBC, and Bloomberg Business – – to address these burning questions in the minds of so many estate planners (and their clients) during these difficult times, including but not limited to: How bad will this Coronavirus pandemic get? How long will it last? How will it affect the economy? How will the Federal Stimulus work? When will businesses re-open? What can we expect in the stock market in the coming months? Source: YouTube DISCLOSURE: The opinions voiced in this material are for…

The Philosophy Behind Protecting Assets from Creditors

By Steven J. Oshins, Esq., AEP (Distinguished) Asset protection has become necessary for just about every physician, every businessman, and every person with even reasonably substantial wealth.  It has become customary to have some form of an asset protection trust. As we see case law develop in the asset protection area, 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…

Steve Oshins: Interview About the 2019 State Rankings Charts and State Income Tax Chart

By Steven J. Oshins, Esq., AEP (Distinguished) While at the WealthCounsel Symposium in Boston, we at The Ultimate Estate Planner (“UEP”) had the opportunity to sit down and interview nationally-known estate planning and asset protection attorney, Steve Oshins (“SJO”).  The interview consisted of a number of questions related to his State Rankings Charts and State Income Tax Chart. UEP: Please tell us about your charts and where they can be accessed. SJO:  I currently have four charts.  Three of the charts rank the states that have the best Domestic Asset Protection Trust laws, Dynasty Trust laws and Decanting laws, respectively. …

Making Meaning Out of Stock Market Noise…AGAIN

By Jason Oshins, Financial Advisor, MBA I’m a Yankees fan.  A proud one at that.  The Yankees have had measured success over the long term.  My favorite team of all time is the team that won the World Series in 1998.  They set a record for most games won that year—they won 114 games.  Do you also know what happened?  They lost 48 games!  Thirty percent of their games!  That’s a lot of games to lose… unless you view it within the context of how many they won. The market has experienced extreme volatility.  Sure, it doesn’t feel good, but…

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…

Impact of Potential Tax Reform on Business Owners and Possible Steps to Take in 2017

By Edwin P. Morrow III, J.D., LL.M. (Tax), CFP®, CM&AA® On November 2, 2017, the Speaker of the House, with the backing of the President, finally introduced the long-awaited bill that represents Republican efforts at comprehensive tax reform, to be titled the “Tax Cuts and Jobs Act”. Of course, the Senate will propose significant changes, and there is opposition from both parties about the direction of the bill and the trillions it could add to the national debt. That said, there is a very strong chance of something close to the bill being passed this year or early next year. What are…

Reviewing a Life Insurance Policy: The Owner as a Pilot

By Jason Oshins, Financial Advisor, MBA The role of a pilot is not limited to take-off and landing.  Even while flying on autopilot, the pilot still must monitor the flight.  The same can be said of the owner of a life insurance policy.  The owner must monitor the insurance. Typically, life insurance is owned by an Irrevocable Life Insurance Trust (ILIT), a revocable trust, or outright by the insured.  When owned by an ILIT[1], the death benefit is out of the grantor’s estate and thus not subject to either estate tax or income tax.  When owned by a revocable trust[2]…