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Is a quiet (silent) trust illusory?

Is a quiet or silent trust illusory? The question is intentionally ambiguous. Is the question whether the trust itself is illusory, or just its quietness? A quiet or silent trust has been defined as “an irrevocable trust...more

LLC Preferred Interest Qualifies For Marital Deduction

In a recent private letter ruling, the question was raised whether an LLC interest that received a preferred return with additional LLC cash flow going to other common interests could qualify for the marital deduction if...more

The charitable corporation: A trust in disguise?

The charitable trust can have certain practical advantages over the charitable corporation, at least in some quarters and under certain circumstances. Operational simplicity and low-cost maintenance are some of the pluses....more

Insight on Estate Planning - October/November 2013

In This Issue: - To preserve your wealth, consider a DAPT - Estate planning for same-sex spouses: What the Supreme Court’s DOMA ruling means - Using an FLP or LLC? Beware the step transaction...more

Post Asset Search Legal Tools

Conducting an asset search on a subject is the first step for businesses and individuals to receive payments that are due to them. Most thorough asset searches cost less than $300.00 and provide existing assets of a subject...more

Business Valuation in Divorce - Choosing a Valuation Expert

Whenever a privately held business is among the assets in a dissolution proceeding, certain fundamental issues must be addressed in the context of determining the value of the business. If the business is relatively small in...more

How Your Company Can Benefit From an Asset Search

How Your Business or Company Can Benefit From an Asset Search It has become increasingly important over the past few years for businesses and companies to collect debts that are owed to them. The economy has been in poor...more

Focus - Spring 2013

In This Issue: - IRS Audits: Understanding Criminal Rights and Risks - Amazing Clients®: Ravago: A Big Company with a Low Profile - When is a Mom not a Mom?: De Facto Parenting in Massachusetts - Can the...more

Business Owners: What Happens to Your Closely-Held Shares on Divorce?

As an owner of a closely-held private business you likely hold voting shares in your corporation. These shares allow you to exercise some control over the corporation by giving you the right to vote for corporate directors...more

Divorce and the Entrepreneur: Part 2

Massachusetts is an equitable division state. This means that all property, whenever and however acquired, may be subject to division as well as utilized for support in a divorce case. If you are an owner or a shareholder in...more

Wills, Trusts and Estates Newsletter - February 2013

In This Issue: - How to Protect Your Assets as a Business Owner - Separated But Not Divorced: Don’t Wait to Update Your Estate Plan - Tales from the Cliff: Estate Planning Policy for 2013 and Beyond -...more

“Fiscal Cliff” Tax Bill: The Highlights

While the new law is projected to raise taxes by about $600 billion in the next 10 years, it offers some comfort for many taxpayers who may have been preparing for the worst ...more

CTFC Reinstates Family Office Exception

On November 29, 2012, the Commodity Futures Trading Commission (the “CFTC”) released a blanket No-Action Letter providing relief from registration as a Commodity Pool Operator (“CPO”) to family offices that qualify for the...more

CTFC Reinstates Family Office Exception

On November 29, 2012, the Commodity Futures Trading Commission (the “CFTC”) released a blanket No-Action Letter providing relief from registration as a Commodity Pool Operator (“CPO”) to family offices that qualify for the...more

CTFC Reinstates Family Office Exception

On November 29, 2012, the Commodity Futures Trading Commission (the “CFTC”) released a blanket No-Action Letter providing relief from registration as a Commodity Pool Operator (“CPO”) to family offices that qualify for the...more

Statute Of Limitations Quiz

Facts & Law: A. Income taxes must be assessed within 3 years of the later of the date the return is filed or the due date of the return. B. However, the assessment period remains open indefinitely “in the...more

The trustee is not relieved of the duty to defend the trust just because the beneficiary happens to be getting divorced.

The trustee's primary allegiance is to the beneficiary, not to the non-beneficiary spouse or ex-spouse, unless the express terms of the trust provide otherwise. Thus, when there is marital discord, the trustee must suppress...more

Handler Thayer Commercial Alert - The JOBS Act: A Revolutionary Opportunity On Hold

On April 5, 2012, President Obama signed the Jumpstart Our Business Startups Act (the “JOBS Act”) into law. The JOBS Act encompasses several significant changes to the federal securities laws, providing a proverbial facelift...more

Corporate Law and Family Law at the Crossroads: Spouses as Shareholders in Canada 2012

Small and medium sized businesses are the engines which drive the North American economy. Increasingly, people go in to their own business. Often spouses and other family members are in business together. Because of...more

The 2010 Tax Relief Act and How it Affects 2012

In a January 2011 article we addressed the changes to the gift and estate tax provisions contained in the 2010 Tax Relief Act. Everything may change at the end of 2012 so it is more important than ever to take a look at...more

What do Larry Page, Sergey Brin, and Mark Zuckerberg have in common?

Demographic trends —delayed marriages, considerable wealth being created pre- marriage, and an almost 50% rate of divorce—bring an urgency to the issue of apportioning the active and passive components of the growth in value...more

Estate Planning & Probate Q&A; Business Formation Q&A

Q&A on Estate Planning, Probate, and Business Formations...more

Legislative Proposals to Facilitate Small Business Capital Formation

In our June 2011 client memorandum, we discussed H.R. 2167, the proposed bill introduced by Representative David Schweikert (R-AZ) to increase the threshold for mandatory registration for all companies under the Securities...more

Succession: Is Keeping the Business in the Family Necessarily the Best Course?

Whether you should transfer ownership of the family business to your offspring may depend on your needs and the ability of your company, after the transfer, to support two families...more

Business Succession: Who Will Run Your Business After You're Gone

Many entrenepreneurs have spent decades building their business right alongside raising their family. But for as much calculating thought as they have put into running a profitable company, they probably have devoted mush...more

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