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...
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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...
This presentation given at the workshop, "The Evolution of the Small Family Office: Models for Sustainability," covers popular trust structures that promote family involvement, education and succession, and important family considerations and provisions relating to trusts. It also reviews ways to preserve investment management flexibility for a fam...
Many individuals are wondering whether the IRS intends to use its new audit unit to develop tax enforcement cases. A former high-ranking executive with the IRS provides answers in this 2011 FOX Financial Executives Forum presentation.The IRS has created a new enforcement unit and hired nearly 3,000 examiners specifically to audit wealthy taxpa...
Wealth owners have an 18-month window of opportunity to capitalize on gift, estate, and generation-skipping tax provisions of the 2010 Tax Act. In this session at the 2011 FOX Financial Executives Forum, a noted trusts and estates attorney recommends what to do now. From now until the end of 2012, couples have an opportunity to seize on a gift...
In this 2011 FOX Financial Executives Forum presentation, the president and CEO of the Policy and Taxation Group discusses up-to-the-minute legislative developments as well as the group’s ongoing lobbying efforts on behalf of wealthy owners. In the 2010 Tax Act, wealth owners won significant estate tax relief for two years with a 35% estate ta...
In this 2011 FOX Fall Forum session, the president and CEO of the Policy and Taxation Group discusses the latest legislative developments as well as the group’s ongoing lobbying efforts on behalf of wealth owners. In the 2010 Tax Act, wealth owners won significant estate tax relief for two years with a 35% estate tax rate, a $5 million exempti...
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...
A Dynasty Trust is often referred to as a family bank since it serves as a primary resource for the funding of the needs of a family's beneficiaries in successive generations. Given the unsteady economic times and tax uncertainty, there is no better time than now for wealthy families to establish a Dynasty Trust to achieve optimum results...
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...
Parents often find it difficult to discuss their wealth with their children, especially when it comes to what will happen to their wealth when they die. But when parents do not clearly detail their intentions or prepare their children to receive the family’s wealth, they risk outcomes that will meaningfully erode the value of their estate. Fortunat...
Recently proposed IRS changes to reduce or eliminate valuation discounts could dramatically increase the transfer tax cost of shifting property to members of your family in the future. The loss of valuation discounts is of significant concern for high-net-worth individuals for whom federal transfer taxes are an issue. It’s possible that some ...
A great deal of focus has been placed on the next generation of business leaders, beneficiaries, and philanthropists. Rarely discussed, however, is the next generation of trustees that will guide them through so many crucial life decisions. Serving as trustee is a natural extension of an estate planning role, and the next generation of trustees kno...