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The rules of the game in estate planning have changed. No longer can planners be so focused on the estate tax liability. They now must be equally focused on income taxes. In the past, taxpayers were willing to give up a step-up in basis at death in order to reduce or eliminate estate taxes. That is often no longer a good trade. With a smaller diffe...

When done well, a trustee’s service can have a profoundly positive impact on a family; when done poorly, a trustee’s service can create or exacerbate fissures within a family, dissipate family wealth, create personal liability for the trustee, and create a public spectacle that sullies the family’s good name and reputation. For key employees in fam...

It is an unfortunate fact of life that, as we age, our cognitive powers often decline. To assist people as they reach this stage in their lives, states provide a mechanism by which a person’s friends and family may petition a court to declare him or her incapacitated, and for the court to appoint a guardian to manage his or her affairs. While...

As the nation’s population grows older and more Americans are living longer, cognitive impairment of an individual is likely to become a challenge for more and more families. When a family member is diagnosed with conditions such as dementia or Alzheimer’s, it may already be too late to have an up-to-date estate plan in place. The ramif...

Under the IRS’s proposed new regulations, they would permanently and profoundly change estate planning for families that own a controlling interest in a privately held corporation, partnership, or limited liability company. The IRS has requested comments on the proposed regulations by November 2, 2016, and will hold a hearing on December 1, 2...

The long-awaited and much-speculated about regulations to Section 2704 were issued in early August 2016. As issued, the proposed regulations expand the scope and reach of section 2704 to preclude use of various structural techniques to artificially suppress the value of interests in entities transferred by taxpayers or owned by them at death. The I...

Proposed regulations covering the valuation of family controlled entities for transfer tax purposes—12 years in the making—were published by the IRS on August 4, 2016. If newly proposed IRS Regulations are finalized in their current form, nearly all valuation discounts on family controlled entities will be eliminated. Given the December...

Private family trust companies have increased in popularity in recent years, and several states have adopted statutes specific to them. This compiled information compares state trust law requirements for Virtual Representation, Nonjudicial Settlement Agreements and Nonjudicial Modification Agreements in selected states that have PFTC statutes, incl...

Estate planning is an ongoing process and is about much more than reducing taxes—it’s about ensuring your family is provided for, your business can continue, and your charitable goals are achieved. Having a plan that reflects your current financial and family situation, and regularly reviewing it to ensure it fits any changes in your ci...

Teaching children about personal finance, owning foreign assets, assessing the impact of tax extenders, and staying current on the Net Investment Income Tax are topics that many high net worth individuals must address in an on-going basis. Understanding the often highly complex issues and ever changing rules are challenging for even the most dilige...

For each parcel of real property owned, the local assessor sends a Notice of Assessment, Taxable Valuation, and Property Classification. If it hasn’t already been received, it is on its way to the mailbox. Printed on the top of the Notice in big, red capital letters is: THIS IS NOT A BILL. So, most people are inclined to throw the Notice away...

Learning and practicing the basics of money management can have a profound impact on a young child’s life. What parents often overlook, even those who are investors themselves, is taking the education to the next stage once their children get older—say, around age 11 or 12. At that point, it may be the right time to start a conversation about inves...

With the recent changes in the transfer tax laws, it is possible to transfer greater wealth and reduce income taxes through POAST. This innovative approach and integrated trust technique allow a wealthy individual (the donor) to provide benefits to both parents and descendants. A properly structured POAST can accomplish multiple objectives, includi...

Because certain tax rules are only in place through 2012, flexibility in estate planning documents is important to make sure that your executor can adapt your plan to changing circumstances. And because these changes only apply to federal estate tax, the impact of state estate taxation should be included in your planning.

The Tax Relief Act forestalled tax increases for this year, but the future tax environment remains uncertain. Investors need to optimize current tax breaks while considering the impact of potential tax increases on everything from broad wealth management strategies to leveraging debt for tax efficiency.