Establishing residency in a state with lower tax rates can result in significant tax savings for some individuals and trusts. But changing residency is not as straightforward as it might seem. Additionally, states have become aggressive in challenging residency changes to avoid losing out on tax revenue. This paper reviews the residency rules for individuals, identifies steps to establish new residency, and addresses residency audits. It also provides an overview of the residency rules for trusts.
Trust and Estate Planning
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The New Inflation Reduction Act (the "IRA") was passed with a simple majority vote in the U.S. The IRA would raise approximately $450 billion to pay for deficit reduction, clean energy, and climate investments.
Your fellow FOX members have contributed these death and estate settlement tools and samples. Please note that these samples have been provided for illustrative purposes only, and may not represent the latest versions.
Your fellow FOX members have contributed these trust administration tools and samples. Please note that these samples have been provided for illustrative purposes only, and may not represent the latest versions.
Continuing a trend of the past five years, exchange-traded funds (ETFs) grew in assets under management in 2020. However, the fact remains that the ETF continues to be a one-size-fits-all solution that isn’t optimal for everyone. The flexibility of a custom passive separately managed account (SMA) can beat an ETF in terms of tax efficiency in many cases. Three advantages of the SMA illustrate the benefits.
Migrating trusts from state to state can be challenging. Use this decision tree as a resource when transferring trust situs from one state to another or when modifying a trust agreement following migration to a new state.
The ownership and governance structure of a private family trust company (“PFTC”) is highly customizable. This is important because all families are different, with different goals, family dynamics, asset composition, family sizes, and family affiliates. With that in mind, there are some key considerations in structuring the entity ownership and governance of a PFTC, both tax-related and not tax-related.
For one reason or another, many families are reevaluating and modifying their fiduciary structures. To assist in these discussions, a reference summary of state laws is provided for consideration when establishing wealth transfer plans and structures, including taxation, trust laws, asset protection, and regulated and unregulated private trust companies. This updated summary includes a broader aggregation of top U.S. trust jurisdictions, including Wyoming, Alaska, Delaware, Nevada, New Hampshire, South Dakota, and Tennessee.
Estate planning is often part of a divorce settlement, and negotiation of these terms can be as integral to the divorce settlement as allocation of parental responsibilities, support issues, or division of marital estate. For example, even a relatively simple Marital Settlement Agreement may generally contain waivers of an ex-spouse’s right to make claims to the other party’s estate upon death, including rights to property and to act as a trustee or executor of the estate.