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Modifications, reformations and decanting of a trust have all gained in popularity as a result of modernized trust laws, changes in family circumstances and/or a desire to change trust administration. This paper looks at some of the benefits of South Dakota's decanting, modification and reformation statutes.

The “Tax Relief, Unemployment Insurance & Job Creation Act of 2010” (TRA 2010) reunified the gift and estate tax systems and increased the amount a person can transfer to children and future generations during lifetime or at death to $5,000,000. As of the beginning of 2012, indexing puts that number at $5,120,000. The window on this...

This paper reviews the expanded federal gift exemption that is set to expire at the end of 2012 and the tax differences that are set to occur on gifts given before and after December 31, 2012. Hemenway & Barnes also reviews various trust instruments, including a generation-skipping trust and a grantor trust.

Over the past several months, private investors and their advisors have been pondering the wisdom of accelerating long-term capital gains in the 2012 tax year. This paper looks at why.

Current law provides that on January 1, 2013, income tax rules revert to significantly higher pre-2001 levels. In addition, it appears that the new Medicare Hospital Insurance taxes for high-income individuals will go into effect in 2013 following the Supreme Court’s decision to uphold the majority of the Obama health care law. Congress is unlikely...

This white paper details strategies that take advantage of today’s favorable wealth transfer climate, and some important planning ideas designed to prepare your estate for the uncertainties of 2013.

Proposals to reduce federal debt have largely missed the mark. That is certainly the case when it comes to suggestions to replace tax-exempt municipal bonds with taxable alternatives or federally subsidized tax credit options. These alternatives not only produce much less in revenue for the US Treasury than most assume, they also result in a loss o...

An integrated approach to estate planning and wealth management can achieve a greater likelihood of successful wealth transfer and minimization of transfer taxes. Wealthy clients who embrace this approach can hope to realize their wealth transfer goals early enough in their lifetimes to obviate reliance on transfers at death at significant extra tr...

With the looming December 31 expiration of the Bush tax cuts, the threat of sequestration, and the need to raise the debt ceiling in January, neither Democrats nor Republicans will want to face the consequences of inaction and/or no agreement. The nature of these issues and the convergence of interests and deadlines lead us to predict a deal that f...

While life insurance is often purchased as a solution to funding estate taxes, it can also be inflexible and costly and is rarely a perfect antidote. This article discusses how insurance should be considered in conjunction with alternate lifetime estate planning solutions and proposes alternative atypical insurance designs that can offer substantia...

This white paper reviews how investors can take advantage of the current gift tax exemption without hurting their liquidity.

The windfall of inherited wealth often comes with feelings of guilt and elation, isolation and confusion. No wonder; when the financial gain is due to the loss of a loved one’s life, it feels crass to be excited about the opportunities an inheritance affords. Learning to be comfortable with inherited wealth is a process, a process of moving through...

With only a few months to go until the end of the year, those who have not fully used their available lifetime gift, estate and generation skipping transfer exemptions may be running out of time. This paper outlines some ideas for making relatively simple and quick use of the opportunity, so that it does not go to waste.

This report sheds light on a little-noticed wrinkle triggered by possible new 2013 rate changes that will make some taxpayers no longer subject to the Alternative Minimum Tax (AMT). Wealthy taxpayers currently paying AMT may see their effective marginal rates rise by as much as 12.5 percentage points under the law now scheduled to go into effect in...

Time is of the essence. Significant wealth planning opportunities are set to expire at the end of 2012. It is critical for wealthy families that have taken a wait and see approach to the future of gift and estate taxes to formulate a plan now. Developing and implementing well thought out and properly structured wealth planning strategies takes mont...