Estate Planning

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
News & Analysis as of

The Waltons vs. the Kardashians: Who Will Keep Their Money?

While attempting to keep up with the Kardashians, I have recently stumbled upon the latest flaw in their sought-after spending habits. It all began with some gold marble slabs that Kanye wanted for his new bathroom, and...more

Annual Estate Planning Newsletter: Part Two

Action Item: This is the second installment of our Annual Estate Planning Newsletter, and focuses on specific gift and generation-skipping transfer ("GST") tax matters. We urge you to review this installment to ensure that...more

The "New" New Jersey Uniform Trust Code: Creating Uniformity for Beneficiaries, Trustees and the Professionals that Advise Them

As an estate planning attorney, it is hard to contain my excitement that a version of the Uniform Trust Code (“NJUTC”) was enacted in New Jersey on January 19, 2016 with an effective date of July 17, 2016. With its passage,...more

Gifts to a Special Needs Trust Can Be Larger Than You May Think

The federal gift tax system is one of the most misunderstood concepts in special needs planning, and for good reason: it's incredibly complicated. This complexity has resulted in the propagation of one of the most common...more

New Rules for 831(b) Captive Insurance Companies

On December 18, 2015, Congress passed the Protecting Americans from Tax Hikes Act of 2015 (the PATH Act), as part of a 2016 appropriations bill. The PATH Act includes significant changes to Internal Revenue Code section...more

7 Ways You Can Prepare for Your First Estate Planning Meeting

Somewhere on every grown-up person’s to-do list is an entry that reads something like “tackle estate plan”. You may even find it among your New Year’s resolutions. The prospect of planning your estate with an attorney can be...more

Business Succession Planning - February 2016

The transition of a family owned or closely-held business is a significant undertaking even with the best laid plan. This article will outline the issues that should be considered by the business owner in transitioning a...more

Trusts and taxes - Understanding how one affects the other can benefit your estate plan

Trusts typically are a main component of an estate plan. But many may not know how higher taxes can impact a trust’s overall effectiveness. This article explains how the current tax environment affects trust planning....more

How to Hold a Family Meeting like the Royals

When I visited London in 2015 for the 800th Anniversary of the sealing of Magna Carta at Runnymede, I was impressed with the influence that this ancient document still holds over modern day political and legal fields. Magna...more

Proposed Legislation on Captive Insurance Companies Could Change the Game

Captive insurance companies (that is, insurance companies owned and controlled by its insureds to underwrite the risks of the parent and/or the parent’s affiliated companies) are an increasingly popular tool for small...more

Annual Estate Planning Newsletter: Part One

Action Item: This year, Blank Rome’s annual estate planning newsletter will be issued in six installments. Each installment will discuss certain concepts and techniques that we hope may be of interest to our clients and...more

You won the lottery, now what?

With up to $1.4 Billion at stake in Wednesday’s Powerball, those who play the lottery are busy making plans for what to do with all the money they may win. If you win it, you won’t ever have to worry about money again –...more

FERC dam license transfers, death and estates

What happens when an individual person dies holding a Federal Energy Regulatory Commission license for a hydroelectric project? While their will may specify an heir for the dam and project works, the process of inheriting a...more

2016 Tax Update Letter

Re: 2016 Tax Update - Dear Clients and Colleagues: This letter is an update on the most recent estate and gift tax developments and serves as a follow-up to our previous annual tax updates....more

Just the Two of Us: Estate Planning for the Childless Dual-Income Household

If you've had the privilege of hanging around a group of excited estate planners, at one point or another the abbreviation "DINK" may have been thrown into the conversation. For those who are not experts in estate planning...more

Business Succession Planning - January 2016

The transition of a family owned or closely-held business involves a variety of legal and tax issues. This goals of this process, however, should be focused on issues that are just as important – if not more important – than...more

Keeping the “Family” in Family Business: Succession of Ownership Does Not Always Mean Succession of Control and Income

As family business owners often are advised, business succession planning should include some form of estate planning. This advice is especially true when an owner wishes to transfer a business to future generations by gift...more

Trusts and Estates News: Your Will is Done, What About Your Powers of Attorney?

Many people assume that an estate plan is limited to their will and/or trust. However, there is often a period of disability prior to death during which important health care and financial decisions need to be made. This...more

Tax and Estate Planning Newsletter - Winter 2015

Dear Clients and Colleagues: The holiday season brings thoughts of the New Year, with reflections on recent changes and resolutions for the future. During this season of reflection and planning, consider the effect of...more

Filing Trust Modification As Public Record Started Statute Of Limitations

Fiduciaries should always be thinking of ways to get the statute of limitations started. Why have a claim hanging over your head for many years, when you can take actions that shorten the time in which a claim may be brought...more

Your Estate Planning New Year’s Resolution Checklist (Update)

(This is an updated post from December 2014) Need a New Year’s resolutions to kick start 2016? Here is an idea you probably hadn’t considered: review your estate planning documents. If you are like most people,...more

Ron Aucutt’s “Top Ten” Estate Planning and Estate Tax Developments of 2015

In an ever eagerly anticipated annual tradition, Ronald Aucutt, a McGuireWoods partner and co-chair of the firm’s private wealth services group, has identified the following as the top ten estate planning and estate tax...more

Speculation Continues Regarding Potential Proposed §2704 Regulations

The general consensus among attorneys and accountants had been that the Treasury hoped to issue new proposed regulations under Section 2704(b) prior to this fall’s tax section meeting of the ABA, which was September 17...more

Wills, Estates and Trusts Update: Why the New 2016 Rules for Trusts and Estates in Canada May Surprise You and Why the Department...

January 1, 2016 will bring many significant changes to the taxation of trusts and estates in Canada. These changes were passed into law in December 2014, after being announced as part of the 2014 federal budget. Most people...more

Your Estate Plan – Four Documents You Should Be Considering

An estate plan can be a complicated thing. Attorneys, accountants, advisors all may be involved in pulling together a customized plan that conforms to your desires, complies with state and federal law and minimizes your tax...more

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