Wills, Trusts, & Estate Planning Updates

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Insight on Estate Planning - Year End 2016

In This Issue: - 6 estate planning techniques for blended families - If it’s broken, fix it! Trusts that no longer achieve their objective can be repaired - Preparing for a new year: Take time now for a quick...more

Personal Tax and Estate Planning Considerations for the End of 2016

The end of the year is always a good time for our clients to look at their personal tax and estate planning situation and consider whether to take any action before Dec. 31. This year, with the Trump administration about to...more

Impact Investing and Private Foundations

Bryan Cave recently organized a half-day symposium examining the opportunities and legal considerations related to responsible and impact investing strategies. The Responsible and Impact Investing Symposium, held on November...more

How Far Can A Grantor Go In Eliminating The Duty To Account?

Trusts are often used to transfer wealth privately without the messiness of a public estate administration. That financial privacy can get blown, however, when trusts become the subjects of very public litigation. ...more

T&E Litigation Newsletter- November 2016 #2

The Supreme Judicial Court recently issued its decision in Degiacomo v. City of Quincy, No. SJC-11940, 2016 WL 6683970, at *1 (Mass. Nov. 15, 2016), which is the latest chapter in a story that began with a trust established...more

Was Prince Married? How Does Marriage Affect an Estate?

Several months after his death, a woman came forward claiming she was married to Prince and that she was the sole heir of the estimated $300 million estate. She additionally claimed to have possession of a will signed by...more

The Uniform Trust Decanting Act's conflicting commentary

The texts of the myriad trust-related uniform statutes could be better coordinated and synchronized. So also could the official commentaries that accompany the myriad sections of the individual uniform statute. Take, for...more

Estate Planning NOW: Preparing for a New Government

It’s impossible to predict what any future president will do, or what Congress will approve. But in light of comments president-elect Donald J. Trump made on the campaign trail, and given that Grand Old Party members will...more

Law Passed Amending NPCL

Over the summer, we posted about Bill No. A. 10365B/S. 7913, containing amendments to the New York Not-for-Profit Corporation Law (the “NPCL”) and the New York Estates, Powers and Trusts Law (the “EPTL”) here. After...more

A Post-Mortem, Spousal Surprise: Can My Husband Write Me Out of His Will?

Imagine this potentially devastating situation. Your spouse unexpectedly dies. You find his will and discover, shockingly, that he left everything to his adult son (or his mistress)! Is there anything you can do? This...more

A Comparison of Trump and House GOP Tax Reform Proposals

With Republicans in control of the U.S. Senate, the U.S. House of Representatives and the White House starting in 2017, the federal government is now better positioned to move forward on comprehensive tax reform, with...more

The Times They Are a-Changin’ – Potential U.S. Tax Reform Implications of the 2016 Elections

As a result of the United States federal elections on November 8, 2016, Donald J. Trump is the president-elect, and the House of Representatives and Senate both will consist of Republican majorities. As a result, it is...more

UK Autumn Statement 2016: inheritance tax and business property relief | Insights | DLA Piper Global Law Firm

In the 2016 Autumn Statement, The Chancellor announced that reforms, originally proposed in Summer Budget 2015, to inheritance tax and business investment relief for non-UK domiciled individuals will come into effect from 6...more

What Proposed Tax Plans by Trump Administration and House Republicans Mean for Personal Planning

The election of Donald Trump and Republican majorities in U.S. Congress make the future of the federal transfer tax system (gift, estate and generation-skipping transfer (GST) taxes) uncertain. President-elect Trump and...more

Rule Against Perpetuities and Leases in North Carolina

Remember the Rule Against Perpetuities? Think back to your days in law school, sitting in your 1L Property class. Remember the rule against perpetuities? Remember thinking that it would never really come into play in...more

2016 Year-End Estate Planning Advisory

In 2016, we continued to experience a period of relative stability in our federal transfer tax system and have been able to plan without expecting imminent significant changes to the system. Under the American Taxpayer Relief...more

Charitable Lead Annuity Trusts: A Potential Win-Win for Your Assets

In this final installment in our three-part series, we discuss the planning technique known as Charitable Lead Annuity Trusts (CLATs). Like Intra-Family Loans and Grantor Retained Annuity Trusts (GRATs) described in previous...more

New Year, New Tax Laws? Tax Reform Proposals Under Trump and the House “Blueprint”

On November 8, Donald Trump was elected as the 45th U.S. President. Trump is scheduled to take office on January 20, 2017, and he has announced tax reform as a top legislative item on his 100-day action plan. Given the strong...more

Revised Uniform Unclaimed Property Act Finalized for State Enactment—Legislative Drafting Notes and Interpretative Comments Added ...

The fourth iteration of a uniform unclaimed property act—entitled the Revised Uniform Unclaimed Property Act (RUUPA or Act)—has been finalized by the Uniform Law Commission for state enactment. The new Prefatory Note,...more

Election Results: Tax Reform on the Horizon?

Last week’s election results have raised a number of questions about tax reform or repeal and the impact of such legislation upon your estate plan. It’s too early to tell how this will shake out. Nonetheless, below are the...more

Picking A Conservator: Speak Now Or The Court May Forever Hold Your Peace

Guardianships and conservatorships are seldom happy events. Despite whatever may have precipitated the need for financial or personal protection, there must be an attempt to respect the desires of the ward, if possible. ...more

States Pass "Digital Assets" Legislation

Financial transactions are increasingly occurring online. Many of us pay bills electronically, or have them automatically charged to credit cards or debited from checking accounts. Many of us also receive asset and credit...more

Special needs trusts: estate planning for individuals with disabilities

Families with special needs children require an estate plan that takes into consideration benefits and services from public sources. The family’s attorney should have experience drafting trusts for disabled individuals and...more

Trump and the Death Tax

Donald Trump’s tax plan calls for elimination of the “death tax,” which refers to the federal estate and generation-skipping transfer (“GST”) taxes, and may include the federal gift tax. His plan also calls for imposition of...more

T&E Litigation Newsletter - November 2016

There has not been much case law of particular relevance in the T&E area since our last newsletter, but three recent federal court decisions—one from the First Circuit Court of Appeals, and two from the United States District...more

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