The Top 10 Seminar Planning & Marketing Mistakes Attorneys Make!

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 We’ve indicated time and time again in this newsletter column why seminar marketing – – whether to the public, to professional referral sources, or to your existing clients – – can drive substantial, consistent revenue into your practice (and has, for me, for over 30 years). But, successful seminar results depend on the details of your seminar marketing being done right. Some estate planning professionals ignore, or simply aren’t aware of, these details and their seminar…

Mastering Portability

Download Printable Article By: Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA An important provision within the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (“2010 Tax Relief Act”) allows an executor of an estate of a married decedent the option to transfer any unused estate tax exemption amount to the surviving spouse.[1] Thus, for example, if a decedent used only a portion of his or her estate tax exemption, the estate could elect to have the remaining portion pass to the surviving spouse, giving the surviving spouse a larger estate tax exemption.[2] Although this portability provision…

An Evidence-Based Approach to Investing

Download Printable Article By Jason Oshins, Financial Advisor, MBA Evidence-based medicine is defined as “the conscientious, explicit, and judicious use of current best evidence in making decisions about the care of individual patients.”[1] If possible, wouldn’t it be prudent to approach investing similarly? Wouldn’t it make sense to apply the concepts developed by Nobel Laureates? Well, you can. Philosopher Alfred A. Montapert famously said, “Do not confuse motion and progress.” Motion also creates the illusion of control. An excellent example of this is in the investment world.   Wall Street perpetuates the notion that successful investing requires stock picking and market…

Are You Aware Decanting Causes Tax Issues?

Download Printable Article By Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA Decanting is the act of distributing the assets of an old trust to a new one with more favorable terms. It provides an easy, inexpensive method for correcting errors or ambiguities, adapting a trust to changes in a settlor’s objectives or changes in a beneficiary’s circumstances, taking advantage of new planning opportunities or adding flexibility to a trust. However, because trust decanting is a relatively new estate planning strategy, its tax consequences have not yet been clearly established. The IRS is considering ways to address these tax consequences…

Keep Your E-Mail Inbox Under Control (or It Will Control You!)

Download Printable Article By Megan DeLaGarza, Executive Assistant Technology is a concurrent blessing and curse. Email has not been around terribly long in the grand scheme of office administration, so we are just now learning the effects of it’s omnipresence in a plugged in world. The biggest problem with email is that it’s a huge distraction. The pressure to respond right away leads you to working off-task. An inbox that is open with notifications popping up makes this even worse. Responding to your inbox as a to-do list leads to working on the wrong priorities. It’s time to break these…

ABA Heckerling Reports from the 2015 Heckerling Institute

Every January, The University of Miami School of Law sponsors one of the nation’s largest estate planning conferences, The Heckerling Institute on Estate Planning. Also, for the past 16 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. To view, download and access these extensive reports, please visit: http://www.americanbar.org/groups/real_property_trust_estate/events_cle/heckerling_reports/heckerling_2015.html Further, at the above website, you can also access reports from prior Heckerling Institutes as well. We, at The Ultimate Estate Planner,…

BREAKING NEWS: Important Updates from Robert Keebler

Thanks to the generosity of Stephan Leimberg and Leimberg Information Services, we are pleased to bring to you complimentary podcasts on the following important updates. IRS Approves Extension of Time to Recharacterize a Roth IRA The IRS has published Private Letter Ruling 201506015, in which they have granted the taxpayer an extension of time to recharacterize a Roth IRA.  The taxpayer had learned that the account value had declined due to fraud by an investment manager after the deadline for recharacterizing had passed. To listen to these complimentary podcast, see below: The Administration’s 2016 Budget Proposals The Administration has released…

Decanting an Irrevocable Trust – The Process

Download Printable Article By Steven J. Oshins Esq., AEP (Distinguished) Our clients often set up and fund an irrevocable trust and then come back to us wanting to change the trust terms. This even sometimes happens within a matter of days of funding the trust. Human nature is such that people often change their minds. And it is also likely that circumstances will change after the trust has been funded. We also often review our clients’ and prospects’ existing trusts and find that they weren’t drafted very well. Just as our clients often want to change their irrevocable trusts, advisors…

The 3.8% Surtax for Trusts & Estates

By Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA Executive Summary The Health Care and Education Reconciliation Act of 2010 created a 3.8 percent surtax on certain net investment income effective for tax years beginning on and after January 1, 2013. The tax applies to estates and certain trusts as well as to individuals. Given the low income threshold at which the tax begins to apply, the tax will have broad application to trusts and estates. This article summarizes application of the 3.8% surtax to trusts and estates and offers some initial planning ideas What Trusts are Subject to the…

2nd Annual Trust Decanting State Rankings Chart Released!

By Steven J. Oshins, J.D., AEP (Distinguished) The 2nd Annual Trust Decanting State Rankings Chart was released earlier this week. This year’s chart includes more variables than were included in last year’s chart. The additional attributes were added in order to provide the end user with as many details as possible so the best jurisdiction can be selected based on the desired decanting or, with respect to a newly-formed irrevocable trust, the best jurisdiction to maximize future decanting flexibility. What is Decanting? Trust decanting is the act of distributing assets from one trust to a new trust with different terms….