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A directed trustee is chosen to advise a trustee on investment or distribution decisions for a trust. But as key decision-makers, directed trustees face potential liability. This article by Richard Nenno of Wilmington Trust Corp. explores the role of directed trustees, examines statutes and case law and looks at how these trustees can limit their l...

The three taxpayers involved in the Gaines-Cooper case lost before the Court of Appeals because evaluating an individual's status of residence involves difficult questions of fact and judgment, and the taxpayers could not show that the Revenue and Customs Commission had applied guidance incorrectly. In this review of the decision, Deloitte recommen...

This article provides guidance in the light of new IRS rules on the boundaries between legitimate business vs. pure entertainment use of a private jet. Preventing abuse is important in avoiding excessive tax liabilities since when aircraft use is "entertainment," the company loses its ability to deduct (by disallowance) some aircraft ownership and...

The benign legislative environment for trusts has been disrupted over the last decade or so by significant trust reform. The purpose of this article is to discuss the Uniform Principal and Income Act (the "Act") from the perspective of trust professionals.

This article deals with the use of the Delaware Asset Protection Trust to save taxes, protect assets, protect estate planning vehicles and provide options for non-resident aliens.

A guide to minimizing the after-tax proceeds from the sale of a family business. According to the article, legal exit preparations involve a 3-step process: due diligence investigations (i.e., public searches, review of minute books and key contracts, etc.); identify any 'skeletons' and consider what options exist to remedy or neutralize them; fina...

A business-owning family can create a secure foundation for effective multi-generational ownership and control by transferring shares of a family business in trust during the controlling owner's lifetime, and through careful drafting of trust provisions, choice of governing law, selection of a capable trustee and implementation of effective family ...

Many wealthy individuals are being told to prepare for more income tax audits by the Internal Revenue Service. Recent statistics seem to support that view. The IRS recently released its annual Data Book, which summarizes audit and collection activities for fiscal year 2010. Not surprisingly, the IRS is focusing its audits on returns that will likel...

A business transition plan should provide a good fit: for the business, for family members and for the owner. A transition road map also should provide clear instructions in the event of the owner's incapacitation or death – a sound reason to establish a plan sooner rather than later.

Family dynamics often play a critical role in the long-term success of family businesses, and women's relational and interpersonal skills tend to make them well-equipped to manage these issues. Effective leadership within the family business is, now more than ever, dependent on the inherent relational skills that a woman can bring to the busine...

For many entrepreneurs, the experience of selling their business may involve a loss of identity and purpose, despite the financial security that usually accompanies the sale. This paper addresses the personal challenges entrepreneurs face during the transition as well as issues created by a significant change in the nature of their wealth, from ill...

The financial risks associated with unplanned health care events need to be part of the financial planning process to guard against negative impacts to an investment portfolio or retirement income plan in the event of a catastrophe.

Private split dollar can help freeze an estate, minimize gift taxes, provide access to cash values, and finance needed or desired insurance for family members. Properly structured, death benefits may be excluded from the insured's taxable estate and even passed to many successive generations if a dynasty-type trust is used.

The 2010 Tax Act reinstated the gift, estate and generationskipping transfer taxes that were repealed earlier in 2010. The reinstatement comes with increased transfer tax exemptions and favorable rates for 2011 and 2012. Consequently, the opportunity for making new or additional gifts to trusts has never been more favorable.

Changes in tax laws have made the long-term, or dynasty, trust a particularly attractive means to transfer wealth to multiple generations free of estate taxes. However, the expiration of certain exemptions in 2013 means individuals need to act soon to realize the maximum benefit of these trusts.