Which Type of Trust is Most Important for Top 1% Financial Advisors to Know About?

By Steven J. Oshins, Esq., AEP (Distinguished) Are you a financial advisor? If so, you’re likely compensated in large part based on assets under management. Therefore, your interests are aligned with those of our clients. The better you do for them, the better you do for yourself. THE STATE INCOME TAX DRAG Just as it is frustrating for our clients in states with a state income tax to pay that tax on taxable dividends and capital gains, it must be nearly as frustrating for the financial advisor whose income is also adversely affected by this state income tax drag. What if…

Situs Your Trust in a First-Tier Trust Jurisdiction

By Steven J. Oshins, Esq., AEP (Distinguished) and Mark Dreschler Not all jurisdictions have favorable trust laws. In fact, most jurisdictions’ trust laws are inferior in comparison to those of the first-tier trust jurisdictions. Despite the limitations found in most trust jurisdictions laws, estate planners generally limit their planning to the client’s home jurisdiction. This article will provide multiple reasons not to do so and will explain some of the opportunities that are lost by failing to consider a top trust jurisdiction. COMMON REASONS TO SITUS A TRUST IN A TOP-TIER TRUST JURISDICTION Following are some of the common reasons…

9th Annual Dynasty Trust State Rankings Chart Released

By  Steven J. Oshins, Esq., AEP (Distinguished) The 9th Annual Dynasty Trust State Rankings Chart has been released! This year’s Chart factors in the new era of Dynasty Trusts. The Chart is an easy-to-use summary of leading Dynasty Trust states that shows the material differences among the states and ranks them according to usability and flexibility. Planners often focus on the multi-generational estate tax benefits of a Dynasty Trust. However, the Tax Cuts and Jobs Act of 2017 essentially doubled the federal estate and gift tax exemption which, after inflationary increases, is now $11.58 million per person, or $23.16 million…

Trustasaurus: The Gradual Extinction of the Age 25, 30 and 35 Trust

By Steven J. Oshins, Esq., AEP (Distinguished) Read nearly every trust drafted by nearly every law firm and you’ll see provisions that make mandatory distributions at staggered ages. Why is this done? I have no idea. Maybe because their standard “form” trust agreement does that??? Is it good planning? Absolutely not! STAGGERED DISTRIBUTION TRUST A “Staggered Distribution Trust” is a trust that makes mandatory staggered distributions upon the beneficiary reaching staggered ages. The most widely-used provisions distribute one-third at age 25, one-half of the balance at age 30 and the balance at age 35. The philosophy of doing this is…

The Biden Estate Tax Cliff: Gifting Like it’s 2012 All Over Again!

By  Steven J. Oshins, Esq., AEP (Distinguished) Those estate planning attorneys who were in practice in 2012 surely remember the last few months of the year when prospective clients were calling and emailing all day long every day literally begging us to take “just one more client”! There was a mad rush to make $5 million gifts before the estate tax exemption was going to drop back down when the clock struck midnight at the end of 12/31/2012. Most of the experienced attorneys were so busy that they stopped taking new clients in October or November. FAST FORWARD TO 2020…

6th Annual Non-Grantor Trust State Income Tax Chart Released!

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….

The Inheritor’s Trust: How I Want to Inherit from Mommy and Daddy

By Tiffany A. Oshins  The term “Inheritor’s Trust” was service marked at the Patent & Trademark Office by my Daddy (Steve Oshins), my Grandpa (Richard Oshins) and another attorney (Noel Ice) in 2003.  They abandoned the service mark in 2006 after the Patent & Trademark Office determined it to have become a term of common usage. Despite the abandonment of the service mark, the estate planning industry continues to use the term.  As a potential future inheritor, I would like to receive all gifts and bequests from Mommy and Daddy in an Inheritor’s Trust.  This article will explain this concept…

The New IRC 199A Pass-Thru Business Deduction: Applying the 28.57% Magical W-2 Formula

By Steven J. Oshins, Esq., AEP (Distinguished) The greatest opportunity business owners received from the Trump Tax Act is the new IRC 199A pass-thru business deduction. This deduction allows certain taxpayers to deduct 20% of their Qualified Business Income. However, not every taxpayer can receive this deduction, so estate planners have a huge opportunity to exploit the new statute by educating themselves with the details of the new statute. 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),…

The SECURE Act: Everything You Need to Know (and How to Advise Your Clients!)

On December 20, 2019, President Trump signed a spending bill which had attached to it a piece of legislation that much of the estate, tax and financial world has been anxiously awaiting for an update on called the “Setting Every Community Up for Retirement Enhancement Act of 2019” (or “SECURE Act”). The SECURE Act went into effect January 1st, 2020 and is set to dramatically impact retirement planning for you and your clients! As many are aware, the most important provision of the SECURE Act to impact our clients and the planning we do for them includes the elimination of…

Top Six Opportunities to Use a Corporate Trustee

By Steven J. Oshins, Esq., AEP (Distinguished) Corporate Trustee A corporate trustee is generally either a bank trust department or a trust company.  The employees at these companies have been trained to know how to administer trusts, how to account for their actions and to deal with beneficiaries.  They are licensed and bonded and therefore there is often recourse if something goes wrong. The Argument for Corporate Trustees Individuals will often neglect to take care of their responsibilities such as paying bills on time or following the rules required by the language in their trust agreements.  Individuals also sometimes steal. …