Download Printable Article By Carl L. Sheeler, PhD, ASA About six years ago, I was on a family office panel put on by Opal Financial in Newport, RI. About $2 Trillion in wealth is represented at such events. The gist of my presentation was March 2009 marked the lowest decline in public stock market values since the Great Depression. It was a key tipping point – perhaps more extreme given tepid growth in its aftermath. Much of the attendees wealth was derived from investment in distressed assets (real estate, company debt and equity) acquired at steep discounts. These families had…
The Private Decanting: A Do-Over Trust with your Privacy Intact
Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) What is Trust Decanting? For many years, practitioners have struggled to find ways to change the terms of an irrevocable trust. However, through common law and through the decanting statutes that have been enacted in many jurisdictions, it is now possible to modify an irrevocable trust. The rationale for allowing such a modification is that a trustee who has the power to distribute the trust property to or for the benefit of one or more beneficiaries should be able to make the distribution to them in trust and dictate the…
Can a Wrong IRA Beneficiary Designation be Corrected After Death?
Download Printable Article By Michelle L. Ward, JD, LLM, CSEP In recent PLRs 201628004 through 201628006, the IRS considered the effect of a state court action that modified the named beneficiary after the death of the IRA owner. In the rulings, the decedent had originally named three trusts as beneficiaries of his IRAs. The trusts qualified as designated beneficiaries under the IRC Section 401(a)(9) Regulations. When his IRAs were moved to a new custodian, however, the beneficiary was changed to his estate. It was represented that, although the decedent signed the new beneficiary designation form, he merely intended to move…