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Family business owners begin their adventures balancing two priorities: keeping the business as an integral part of an ever-expanding family and creating a profitable, sustainable organization. In the end, family is the guiding force behind the company’s success; maximizing value for the next generation is sometimes more important than maximi...

When approaching estate planning and, more specifically, setting up a long-term, irrevocable trust, many high net worth families both think and act locally. They provide -- often with minimal analysis or advice – for a trust that is governed by the laws of their home state and subject to taxation there, without considering alternatives that m...

In the past, when analyzing whether a client should make taxable gifts, estate planners tended to simply rely on comparing the transfer tax cost of making such gifts with those made at death. Paying the gift tax was assumed to be “cheaper” than paying estate tax, even though the rate was the same, because gift taxes are calculated on a ...

Life insurance can play an important role in helping achieve the legacy and financial objectives of an individual or family—especially those with significant taxable estates and illiquid assets such as privately held businesses and real estate. For those who have assets that exceed the federal estate tax-exemption thresholds—$5,430,000 ...

There are a number of trusts that can be customized to the needs of an investor, but each trust has its own advantages and disadvantages. This simple guide works to illustrate any concerns that an investor might have about tax consequences, withdrawal powers, the three-year rule and more by looking at the pros and cons of seven different popular ty...

Over the years, many families and their advisers have come to find that the State of Delaware is a trust-friendly jurisdiction that promotes modern laws and attractive income tax advantages. This paper highlights the most significant legal and tax benefits for nonresidents, and their professional advisers, who may be considering whether to establis...

Recent statutory changes in Tennessee law has authorized the separation of the traditional trustee roles by allowing for the appointment of a Trust Advisor (also referred to as a Trust Protector) who can have the authority to “direct” an exercise of a power held by the Trustee, including direction concerning investment and distribution ...

A Life insurance audit is an everything-to-gain, nothing-to-lose proposition for a trustee of a trust that owns life insurance where significant planning is in place. A proper, thorough audit is needed to mitigate the fiduciary liability. It also starts with understanding the difference between a Life Insurance Review and a Life Insurance Audit.&nb...

Estate-planning advisors should be aware that there are many creative planning opportunities for the use of Private Placement Life Insurance (PPLI) with trusts. PPLI is essentially a flexible premium variable universal life insurance transactions that occurs within a private placement offering. Previously, PPLI hadn’t been as appealing due to...

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...