529 Misconceptions About 529 Plans

By Alan S. Gassman J.D., LL.M. (Taxation), Florida State Bar Certified Specialist in Wills, Trusts & Estates, AEP (Distinguished) Internal Revenue Code Section 529 was enacted in 1996 to allow interest, dividends, and capital gains that occur under mutual fund-like wrappers to be tax-free if the entire fund is spent on qualified educational expenses. The 2017 Tax Act expanded qualified educational expenses to include up to $10,000 per year for kindergarten through 12th grade tuition, beginning in 2018. There are many misconceptions and thousands of mistakes made with respect to 529 plans.  The following list and explanation should be helpful to many. #1. …

The Beneficiary Controlled Trust

By Steven J. Oshins, Esq., AEP (Distinguished) The Beneficiary Controlled Trust name was first introduced to the estate planning industry by my father and I in our two-part article, “Protecting & Preserving Wealth into the Next Millennium,” published in the September and October 1998 issues of Trusts & Estates magazine.  [Portions of this article were taken from the 1998 article.]  Since that time, the Beneficiary Controlled Trust concept has been widely used by estate planners all over the country.  This article describes this philosophy. Background Most trust scriveners draft trusts that make mandatory distributions to the beneficiaries upon reaching certain…

How to Use Bonuses to Incentivize Your Staff

By Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law In this newsletter article, I talked about how to use bonuses to incentivize your associate attorneys.  In this article, I will address how to also incentivize your support staff. The principles are basically the same, but there are a few important items that are tweaked for support staff.  First and foremost, non-attorney staff members cannot receive some percentage or share of firm revenue or profit.  Virtually every State Bar’s Professional Ethics Rules (or state’s Business and Professions Codes) prohibit this. …