The 2025 Heckerling Institute was held in-person (and virtually) in Orlando on January 13-17 and marked the conference’s 59th year. The Phillip E. Heckerling Institute on Estate Planning is the nation’s premier conference for estate planning professionals, offering unparalleled educational and professional development opportunities for all members of the estate planning team. Over the course of the conference’s five days, numerous timely topics of interest to estate planners of all designations—including, but not limited to, attorneys, trust officers, accountants, charitable giving professionals, elder law specialists, wealth management professionals, and nonprofit advisors. As they have done for many years, the American…
Dear President-Elect and New Congress: Please Fix the IRC Section 199A Pass-Thru Business Deduction Injustice Done to Lawyers, Accountants and Financial Planners
By Steven J. Oshins, Esq., AEP (Distinguished) The Tax Cuts and Jobs Act of 2017 included an IRC 199A pass-thru business deduction that has been really nice for a whole lot of business owners. This deduction allows certain business owners to deduct 20% of their Qualified Business Income. However, not every taxpayer can receive this deduction. For a married couple with taxable income of no more than $315,000 (adjusted for inflation) and for an unmarried individual with taxable income of no more than $157,500 (adjusted for inflation), there are minimal rules and the 20% federal income tax deduction is available….
FOMO: How the Fear of Missing Out Will Cause Bad Estate Planning Decisions Before the 12/31/2025 Sunset
By Steven J. Oshins, Esq., AEP (Distinguished) When the clock strikes midnight the evening of December 31, 2025, the federal estate and gift exemption will drop in half and many wealthy people will kick themselves for failing to make their gifts and use their gift tax exemption in time. That is, assuming the incoming President and Congress don’t extend the current laws before they expire. What is FOMO? “FOMO” is the fear of missing out. Many wealthy people fear missing out on their large gifting prior to the end of end of 2025. If the federal estate and gift tax…
The Upcoming 2025 Trust Tsunami and How to Handle it
By Steven J. Oshins, Esq., AEP (Distinguished) The estate and gift tax exemption is scheduled to drop in half at the beginning of 2026. This is going to shift the supply/demand ratio so far in favor of estate planners that wealthy prospective clients who know they need to make their large gifts need to start acting now. If wealthy clients wait until the last minute, they will likely find that no capable estate planners have any capacity to get the gift trust(s) drafted, executed and funded by the end of 2025. Act Now! One strategy is to get the gift…
Steve Oshins Releases 10th Annual Non-Grantor Trust State Income Tax Chart
By Steven J. Oshins, Esq., AEP (Distinguished) Different states have different rules as to what creates a “resident trust” that is subject to taxation in that state. States may tax a trust based on the residency of the settlor or testator, based on whether there is a resident trustee or beneficiary or whether there is administration in that state, or for a combination of these factors and/or other similar factors. So it isn’t as easy as simply situsing a trust in a state with no state income tax. You have to look at the state taxing statutes that may apply….
Heckerling 2024 Reports from the ABA
The 2024 Heckerling Institute was held in-person (and virtually) in Orlando on January 8-12 and marked the conference’s 58th year. The Phillip E. Heckerling Institute on Estate Planning is the nation’s premier conference for estate planning professionals, offering unparalleled educational and professional development opportunities for all members of the estate planning team. Over the course of the conference’s five days, numerous timely topics of interest to estate planners of all designations—including, but not limited to, attorneys, trust officers, accountants, charitable giving professionals, elder law specialists, wealth management professionals, and nonprofit advisors. As they have done for many years, the American…
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…
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…
Why Do Nevada and Delaware Get Most of the ING Trust Business?
By Steven J. Oshins, Esq., AEP (Distinguished) We keep hearing about NING Trusts (Nevada) and DING Trusts (Delaware). Occasionally, but much less often, we hear about WING Trusts (Wyoming) too. Nevada and Delaware clearly get the vast majority of the ING Trust business. Wyoming seems to be the next jurisdiction to take a reasonably good chunk of the pie. Is this because these jurisdictions actually have the best laws? Or is it simply a function of good marketing? The words “NING”, “DING” and “WING” just roll off the tip of your tongue, eh? Let’s take a close look at ING…
Poll Results: Which Is the Best Trust Jurisdiction?
By Steven J. Oshins, Esq., AEP (Distinguished) In a one-week LinkedIn poll conducted in March of 2023, I asked thousands of people primarily made up of estate planners and financial planners: “Which is the best trust jurisdiction?” Among 5,104 “impressions” (number of times users see the poll question), there were 123 total votes. The permitted responses were limited to Nevada and South Dakota simply because these are so clearly the two best trust jurisdictions and therefore there was no reason to dilute the votes by including additional options. Results The results were as follows: *Nevada …