News & Analysis as of

Inter Vivos Gifts

Charles E. Rounds, Jr. - Suffolk University...

In the case of a donative transfer in irrevocable inter vivos trust, it is not the trustee who is the donee of the gift

In International Rescue Committee v. Trustee of the Wylie Street Emergency Fund, 537 P.3d 30 (2023), the Supreme Court of Idaho cited Black’s Law Dictionary (11th ed. 2019) as authority for the proposition that “a person can...more

Farrell Fritz, P.C.

Winter Case Notes: Tax Estoppel (Not) to the Rescue and Other Decisions of Interest

Farrell Fritz, P.C. on

The New York Times yesterday published an article entitled Climate Change Enters the Therapy Room discussing persons suffering from “climate anxiety.” As a northeasterner, the frigid, snow-blessed, ground-freezing winter...more

Rivkin Radler LLP

One Step Closer to “Building Back” – Where Do Federal Transfer Taxes Stand?

Rivkin Radler LLP on

Tax the Rich? The President’s plan for a tax regime that would ensure the rich pay their “fair share” of the cost of implementing his programs has come one step closer to being realized . . . maybe . . . well, sort of ....more

Pullman & Comley, LLC

Succession Planning for the Successful Family Business in 2020

Pullman & Comley, LLC on

This article discusses the family business succession planning process and the changes we can expect to see in the remaining months of 2020, including the impacts of COVID-19 and the November elections....more

Bennett Jones LLP

Staying the Course: Courts Will Not Hear Stayed Actions

Bennett Jones LLP on

In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers judge did not give him a fair chance to argue his position....more

Winstead PC

Texas Fiduciary Litigation Update 2015-2016

Winstead PC on

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Tarrant County Probate Bar’s Litigation Seminar and presented “Fiduciary Litigation Update 2015-2016.” David discussed recent Texas precedent...more

Winstead PC

Texas Fiduciary Litigation Update: 2015-2016

Winstead PC on

The fiduciary field in Texas is a constantly changing area. Over time, statutes change, and Texas courts interpret those statutes, the common law, and parties’ documents differently. This paper is intended to give an update...more

Jackson Walker

The Double-Fraction Dilemma: Intent-Focused Inquiry Prevails

Jackson Walker on

As the oil and gas industry has moved away from the legacy of the 1/8th royalty, double-fraction language has generated a multitude of disagreements as to whether a royalty interest should be construed as "fixed" or...more

Winstead PC

Estate Did Not Own Real Estate Because Court Affirmed Finding Of Inter Vivos Oral Gift Of Real Estate

Winstead PC on

In the Estate of Wright, the court of appeals affirmed a trial court’s finding of an oral gift of real estate. No. 14-14-00401-CV, 2015 Tex. App. LEXIS 12644 (Tex. App.—Houston [14th Dist.] December 15, 2015, no pet....more

Adler Pollock & Sheehan P.C.

Estate planning for young families - Flexibility is the key

Younger taxpayers are faced with a dilemma: Should they minimize gift and estate taxes through lifetime gifts? Or, should they keep assets in their estates to help ease the potential income tax burden on their heirs? The...more

Adler Pollock & Sheehan P.C.

How will the GST tax affect your estate plan?

A new grandparent often considers making a gift to the newest member of the family. However, before taking action, it’s important to understand how the generation-skipping transfer (GST) tax may affect an estate plan. The GST...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - August/September 2014

In This Issue: - Unintended consequences: After divorce, review your estate plan to avoid surprises - Protecting your real estate assets - How will the GST tax affect your estate plan? - Estate...more

Patterson Belknap Webb & Tyler LLP

Significant Changes to New York Estate and Income Tax Enacted

We previously alerted you to proposed legislation affecting New York estate tax law, the tax treatment of gifts by New York residents, and New York income taxation of certain trusts. This month Governor Cuomo signed final...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - August/September 2013

In This Issue: - Is your estate plan bulletproof? Techniques for avoiding litigation over your estate - A good reason to revisit your estate plan: Accounting for digital assets - Making gifts still matters, even...more

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