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Trusts are valuable tools frequently used to transfer wealth within families, preserve and protect wealth, and reduce taxes. Understanding trusts and the role of the trustee is important for the people establishing trusts and the beneficiaries of those trusts. Building on this foundation, answers are provided to some questions about trusts and trus...

When it comes to effectively transferring assets, the Grantor Retained Annuity Trusts (GRAT) is a popular estate planning strategy that can reduce the tax liability. In this interview, three attorneys discuss the benefits of GRAT and the securities law case, Donoghue v. Smith, involving that strategy.

U.S. tax and information reporting obligations have become an increasing concern for international families and their succession planning structures. Missed or late filings can result in steep penalties, even when no tax is due. The Foreign Account Tax Compliance Act (FATCA) is alerting the Internal Revenue Service (IRS) to income and accounts held...

As families and their advisers begin to prepare for U.S. entities in their succession planning structures to comply with the Corporate Transparency Act (CTA), consideration should be given to U.S. holding companies and the requirement to report a business street address. This "Supplementary Information" section of the final regulations is...

Following the enactment of the Corporate Transparency Act (CTA), the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) explained that the CTA and FinCEN regulations "would help protect the U.S. financial system from illicit use by making it more difficult for bad actors to conceal their financial activities th...

Generally, parents lose access to their child’s health and financial information once the child becomes a legal adult at the age of 18 unless certain steps are taken. To this end, here is a list of seven essential legal documents for parents to complete when their children turn 18 and before they go to college or leave hom...

Rather than viewing trusts as a mechanism to protect beneficiaries from the dangers of wealth, what if trusts were viewed as vehicles to “ignite a fire” within the next generation? Imagine a trust structure that is designed to cultivate a spirit of entrepreneurialism by making beneficiaries active participants rather than passive recipi...

Simply because the instrument governing your trust states that it is irrevocable and cannot be amended does not mean it cannot be modified to serve your family’s needs in a better fashion. Delaware law offers an array of options—administrative amendment, decanting, a nonjudicial settlement agreement, consent modification, trust merger, and judicial...

Irrevocable trusts are a great way to minimize estate taxes and keep more of your wealth in the family, but they require you to permanently give up ownership and control of the assets you place in them. For people who are hesitant about the irrevocable aspect of the trust, there is the spousal lifetime access trusts, or SLAT, that can be an excelle...

During this interview, attorney Jason Kohout shares the legal developments and highlights from his panel discussion on the regulatory, trust, tax, and estate planning update at the Family Office and Wealth Advisor Forum. Discover what to watch out for, what to stop worrying about, and what you should consider doing to protect your fa...

For a business owner considering the sale of their business, there are two competing goals: maximizing the proceeds from the sale and minimizing the transfer taxes that will be due on the owner’s enhanced estate. With additional insights, Warner Partner Beth O’Laughlin discusses possible ways to accomplish both of these goals through gi...

Family offices continue to be the preferred way for ultra-high net worth individuals and families to manage assets and to support the goals and legacy of their family. But with more than 14,000 family offices across the globe facing new challenges and complexities, raising concerns about whether their operating model is providing the transparency a...

In collaboration with a consortium of interested parties, including Holland & Knight attorneys, the Tennessee legislature has made significant strides toward securing and maintaining the state’s status as one of the leading jurisdictions for trust administration. These efforts have resulted in more consequential improvements to the Tennes...

There are few matters of wealth management more fraught with tension than estate planning. Preparing to transfer wealth and assets to your heirs can involve emotions, family dynamics, legal structures, and a host of major and complex tax implications. The challenges around succession planning are also exacerbated because of the so-called Great Weal...

Once you have decided to pass the family vacation property to the next generation, and you have chosen the ownership form you want to use, the last step in preparing for the transfer is to create an agreement that spells out the use and maintenance of the property and governs a family member’s exit from ownership (if that becomes necessary). Learn ...