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Many powerful trends are taking place in 2016 with trust and estate planning for both domestic and international families in the favorable boutique trust jurisdictions such as South Dakota. From modern trust structures such as the directed trust, private family trust companies, special purpose entities and domestic asset protection trusts, to plann...

Everything is more complicated for families with a loved one with a disability. From finding the right doctors, the right schools and obtaining necessary therapies and services. Nothing is easy. Developing an estate plan is also more complicated than it is for “typical” families. The beneficiaries with special needs require comprehensiv...

The proverb “Shirtsleeves to shirtsleeves in three generations” is pervasive across many cultures. Why is this the case and how can your family be exceptional in your quest to sustain your wealth? Observations from decades of working with families on this challenge provide seven insights on how families fail to sustain their wealth from...

Although public companies are most often the targets of shareholder claims and class-action suits, not-for-profit and private entities are not immune from litigation. As a director, you could be named personally in claims of fraud or financial mismanagement from which the entity’s indemnification provisions and business structure cannot always prot...

It is an unfortunate fact of life that, as we age, our cognitive powers often decline. To assist people as they reach this stage in their lives, states provide a mechanism by which a person’s friends and family may petition a court to declare him or her incapacitated, and for the court to appoint a guardian to manage his or her affairs. While...

Under the IRS’s proposed new regulations, they would permanently and profoundly change estate planning for families that own a controlling interest in a privately held corporation, partnership, or limited liability company. The IRS has requested comments on the proposed regulations by November 2, 2016, and will hold a hearing on December 1, 2...

The long-awaited and much-speculated about regulations to Section 2704 were issued in early August 2016. As issued, the proposed regulations expand the scope and reach of section 2704 to preclude use of various structural techniques to artificially suppress the value of interests in entities transferred by taxpayers or owned by them at death. The I...

Wealth does not build itself, but it can be built, nurtured and preserved—not just for you and your generation, but for generations to come. In an unprecedented study into the insights of wealthy families, clear evidence of new wealth management strategies has emerged. There are signs of more inclusive decision-making within the family. Many ...

A volunteer position with a nonprofit organization can be an incredibly rewarding experience—both for the volunteer and for the organization. But the path to key leadership roles with such organizations can be tricky to navigate. While the process inevitably will vary from organization to organization, there are a few things that can help with maki...

Time is our most precious, finite, and versatile resource. Family office industry stakeholders are reevaluating their relationship with time—making meaningful behavioral changes to maximize their “return on invested time.” Powerful and practical tools—some borrowed from the field of investment management—can help maximize return on this scarce and ...

Owners who are looking to transition their businesses face the question of whether it is better to sell now or wait until later, particularly in light of the current tax situation. In making this consideration, they should consider the pros and cons of various options: status quo, management buyout, ESOP, sale to a financial buyer, or sale to a str...

Research shows that we are not good at predicting what makes us happy as individuals and that having considerable wealth does not make us happier. However, having control over our lives does. A financial plan that starts by discovering the key goals and issues that motivate an individual can lead to greater personal happiness.

Given the uncertainty about how long low interest rates will last, now may be a good time to review personal debt as part of overall finances and identify potential refinancing opportunities. In evaluating your borrowing strategy, consider your asset/liability mix, the cost and tax implications of borrowing, and your capacity for debt.

Recently the IRS released proposed regulations under Chapter 14 of the Internal Revenue Code that would severely limit—if not eliminate—the application of valuation discounts, including lack of marketability and minority discounts, to interests in closely held family entities for gift, estate, and generation-skipping transfer tax purpos...

For years, owners of family-controlled companies have taken advantage of applicable valuation discounts to advance their objectives in transferring wealth and company ownership to future generations in a tax efficient manner. On August 2, the Treasury Department issued proposed regulations under Internal Revenue Code Section 2704 to curb the use of...