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….
Beware of Standard Provisions in LP & LLC Documents
They can inadvertently divest your client’s family from controlling the business or cost millions in additional estate, gift or income taxes! By Edwin Morrow, J.D., LL.M., MBA, CFP®, RFC® Investors increasingly use limited liability companies, limited liability partnerships or limited partnerships (“LLCs”, “LLPs” and “LPs”) to operate a trade or business, to hold real estate or hold other investment assets, as opposed to state law corporations. When only immediate family are owners, these are often referred to as family limited partnerships or limited liability companies (“FLPs” and “FLLCs”). There are numerous business, asset protection and estate planning reasons for using…
The Art of Roth Recharacterizations
By Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished), CGMA For affluent taxpayers Roth Conversions provide a significant opportunity to move funds from a tax deferred environment (as is the case with traditional IRAs) into a tax-free environment (as is the case with Roth IRAs) at a relatively reasonable current income tax cost. In general, there are eight reasons why a person may want to consider converting to a Roth IRA: Special favorable tax attributes (e.g., charitable deduction carryforwards, net operating losses (NOLs), investment tax credits, excess itemized deductions, high basis nondeductible traditional IRAs, etc.) can be taken advantage of. The…
Our Best Articles on Asset Protection & Advanced Estate Planning
As part of our December 2014 Newsletter, we are featuring a special “Best Of” issue. Below, you will find a list of our Best Articles . These articles are written by a variety of financial and estate planning professionals, as noted below. Top Ten Asset Protection Mistakes Attorneys Make by Steven J. Oshins, J.D., AEP (Distinguished) Another Private Letter Ruling Approves NING Trust by William D. Lipkind, J.D., LL.M. (Taxation) & Steven J. Oshins, J.D., AEP (Distinguished) Top Five Reasons to Situs Your Irrevocable Trust in a Different Jurisdiction by Steven J. Oshins, J.D., AEL (Distinguished) New Tax Haven: Puerto…
Our Top 10 Best Articles on Financial & Life Insurance Planning
As part of our December 2014 Newsletter, we are featuring a special “Best Of” issue. Below, you will find a list of our Top 10 Articles on Financial & Life Insurance Planning. These articles are written by a variety of financial and estate planning professionals, as noted below. Some Magical Aspects of Life Insurance by Jonathan G. Blattmachr & Matthew D. Blattmachr Insurance as the Key Ingredient of the “New” Estate Planning Summary of a Live Presentation by Martin M. Shenkman, J.D., CPA/PFS, MBA, AEP (Distinguished) Life Insurance from the Estate Planning Attorney’s Viewpoint by Steven J. Oshins, J.D., AEP…
Our Best Articles on Marketing
As part of our December 2014 Newsletter, we are featuring a special “Best Of” issue. Below, you will find a list of our Best Articles on Marketing. These articles are written by a variety of financial and estate planning professionals, as noted below. Successful Seminar Marketing 101: Tips for Getting Started by Philip J. Kavesh The Top 10 Marketing Must-Do’s for Estate Planners by Jennifer Goddard, CEO & James Campbell, Vice President, Integrity Marketing Solutions The Top 20 Seminar Marketing Mistakes – Part 1 and Part 2 by Philip J. Kavesh 7 Tips for Making More Appointments – – Right…
Our Top 10 Best Articles on Support Staff & Executive Assistant Tips
As part of our December 2014 Newsletter, we are featuring a special “Best Of” issue. Below, you will find a list of our Top 10 Articles on Support Staff and Executive Assistants. All of these articles were authored and written by Kristina Schneider and Megan DeLaGarza, Executive Assistants to Philip Kavesh. Five Simple Tips for Being a More Organized Assistant 6 Ways to Better Manage Your Interruptions How “Electronically” Organized Are You? Effectively Managing Your Boss’ Busy Calendar 7 Tips for Taking Better Notes & Being More Efficient! 6 Tips for Handling Difficult Clients 8 Steps to Hiring a Great…
Our Top 10 Best Articles on Practice-Building
As part of our December 2014 Newsletter, we are featuring a special “Best Of” issue. Below, you will find a list of our Top 10 Articles on Practice-Building. All of these articles were authored and written by Philip J. Kavesh, J.D., LL.M. (Taxation), CFP®, ChFC, California State Bar Certified Specialist in Estate Planning, Trust & Probate Law. 8 Year-End Practice Building Tips to Implement RIGHT NOW Conduct a Successful “Kick-Off” Meeting with Your Firm Staff Reviews & Setting Goals at the Beginning of the New Year Fight Back Against “Commoditization” and Low-Priced Competition Blow Up Your Annual Maintenance Fee Program!…