Using a Corporate Trustee to Obtain Jurisdiction in a First-Tier Trust State

By Steven J. Oshins, Esq., AEP (Distinguished) There is a misconception that using a corporate trustee, such as a bank or trust company, is difficult and costly.  However, this couldn’t be further from the truth.  This misconception causes roughly 99% of estate planners to avoid using other states’ more favorable trust laws which therefore harms their clients and the families of their clients. There are only a handful of first-tier trust jurisdictions.  Trusts sitused in these jurisdictions can often avoid state income taxes on undistributed taxable income and are often better protected from creditors of the beneficiaries, including divorcing spouses….

Q&A with Phil: Quoting Fees, Charging for Initial Meetings & Having Paralegals Conduct Signing Meetings

By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law Over the past few months, I’ve noticed that I frequently get the same questions from people and I thought that it’d be helpful to share some of these questions and answers with others in our newsletter.  (If you have any questions, either as follow-up to these below or otherwise pertaining to your practice, feel free to send me an e-mail and I’d be happy to help and perhaps feature the Q&A in a future newsletter). QUOTING FEES ON THE…

Is Seminar Marketing Dead?

By Kristina Schneider Do you think seminars are dead?  I keep reading a lot of articles and marketing pieces coming out of companies that are promoting other internet-based services that keep stating that seminars are dead and an antiquated and outdated way to market your estate planning services.  I laugh only because I know of several law practices that are regularly bringing in consistent new clients in each month using seminars. First, I think it is important to be honest with ourselves about the differences between estate planning and other areas of law (such as divorce, personal injury, DUI, etc.). …

The Strange Case of Dr. Jekyll and Mr. Oshins: DAPTs vs. Hybrid DAPTs

By Steven J. Oshins, Esq., AEP (Distinguished) Testing his theory that in every man dwells a good and an evil force, the reserved Dr. Jekyll develops a formula that separates the two, turning him into an argumentative estate planning attorney named Mr. Oshins who tells it like it is. Dr. Jekyll soon realizes he is becoming addicted to his darker self as he unleashes his opinions on the estate planning industry. In this article, Dr. Jekyll and Mr. Oshins tackle the issue of whether a resident of a state that has no Domestic Asset Protection Trust (“DAPT”) statute should use…

The Top 8 Mistakes Estate Planning Attorneys Make When Buying or Selling a Practice

Download Printable Article By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law If you’re an estate planning attorney, like it or not, you will exit the practice of law someday. And I’m sure if you’ve already built a good practice, you would like to see a smooth, professional transition of your clients when the time comes, as well as maximize the financial return for all of your many years of hard work. If you’re an estate planning attorney who is still building your practice, you are probably looking…

Reduce Your Number of No-Shows and Cancellations with a Proper Confirmation Process

By Kristina Schneider Having worked with numerous estate planning professionals over the years, one of the issues that a lot of people have struggled with are appointment and seminar no-shows and cancellations.  One of my first questions is always, “What does your confirmation process look like?” For some, they don’t have any process in place at all.  For others, they have a mixture of an e-mail that is sent or a phone call the day before.  While something is better than nothing, there is always room for improvement to help reduce the number of no-shows and cancellations. Here’s the confirmation…

The Strange Case of Dr. Jekyll and Mr. Oshins: Nevada vs. Delaware Dynasty Trusts

By Steven J. Oshins, Esq., AEP (Distinguished) Testing his theory that in every man dwells a good and an evil force, the reserved Dr. Jekyll develops a formula that separates the two, turning him into an argumentative estate planning attorney named Mr. Oshins who tells it like it is. Dr. Jekyll soon realizes he is becoming addicted to his darker self as he unleashes his opinions on the estate planning industry. In this article, Dr. Jekyll tackles the issue of which trust jurisdiction is superior for Dynasty Trusts, Nevada or Delaware. As expected, Mr. Oshins will provide a different view…

What Trust Jurisdictions Other than Alaska, Delaware, Nevada and South Dakota Are Best?

By Steven J. Oshins, Esq., AEP (Distinguished) Some of these jurisdictions are up-and-comers and others are underrated.  This article focuses on the “Other Four States”. Most practitioners focus on Alaska, Delaware, Nevada and South Dakota as the Big Four States when it comes to selecting a trust situs.  These four states collectively receive a substantial amount of the out-of-state trust business, in part because of their spectacular laws and in part because of their longevity as trust heavyweights. However, there are other states that are more than respectable and worthy of praise.  And in many aspects they are competitive with…

The Most Effective Way to Handle the Price Objection

By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law If you were to ask most estate planning attorneys to narrow down the most common objection most people have about moving forward with their estate planning, price would definitely be on the top of the list. With the influx of cheap, online and do-it-yourself estate planning, living trusts have become a commodity and people are more price-sensitive than ever. While price may still be one of the main reasons a prospective client may choose not to do business with…

2019 ABA Heckerling Reports from 53rd Annual Heckerling Institute

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…