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…

The Top 35 Overlooked Best Practices for Executive Assistants

By Kristina Schneider, Practice Success Coach and Kirsten Allen, Executive Assistant Working for our boss, estate planning attorney Philip Kavesh, we combined have over 28 years of executive assistant experience.  Throughout this time, we have been able to gain numerous best practices and good habits for providing administrative support to a busy executive.  Also through our time in interfacing with many busy attorneys, we have interacted and even worked side-by-side with our fair share of assistants that either lacked the skills, experience, knowledge, training, or personality to be able to properly support their bosses. So we have seen what works…