Tax Law

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 20, 2013

Is your IRA safe from creditors?

by Adler Pollock & Sheehan P.C. on 11/30/2012

If a substantial portion of a person’s wealth is in one or more IRAs, protecting the assets in those accounts is critical to his or her estate plan. IRAs provide significant benefits, including tax-deferred wealth...more

Fifth Circuit Rules that Inherited IRAs Are Exempt under Code

by Butler, Snow, O'Mara, Stevens and Cannada,... on 6/8/2012

Originally posted in the ABI Journal, Vol. XXXI, No. 5, June 2012. Editor’s Note: For additional perspective on inherited IRAs, read the May 2011 cover article and a letter to the editor published in the July/August 2011...more

Estate of Badii ex rel. Badii v. Metropolitan Hospice, Inc., C.A. No. 6192-VCP (Del. Ch. Mar. 12, 2012) (Parsons, V.C.)

by Potter Anderson & Corroon LLP on 3/19/2012

In this memorandum opinion, the Court of Chancery appointed a receiver for an insolvent corporation deadlocked over how to discharge a tax lien. Defendant Metropolitan Hospice, Inc. (“MHI”), a closely held corporation,...more

Clawback–Myth Or Monster? (Or, “Clawback For Dummies”)

by Charles (Chuck) Rubin on 3/12/2012

[Okay, we are not dummies, but this is a very tough issue to follow in its entirety for most of us.] Until recently, the term “clawback” did not mean much to estate planners and tax attorneys. Those with some knowledge...more

Wealth Management Update - March 2012

by Proskauer Rose LLP on 3/5/2012

A monthly report for wealth management professionals. In This Issue: - March Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - In re Grube...more

Inherited Ira’s–Bankruptcy Protection

by Charles (Chuck) Rubin on 3/29/2011

Last March, we discussed the bankruptcy case In re Chilton. That case held that unlike a traditional individual retirement account (IRA), an inherited IRA is not an exempt asset in bankruptcy. Our prior discussion can be...more

The Legal Monitor / BrownWinick Law Firm's Newsletter

by BrownWinick Law Firm on 2/18/2011

The February edition of BrownWinick's The Legal Montior contains the following articles: Receiving a demand letter or lawsuit for the return of preferential payments to a bankrupt debtor is typically a frustrating...more