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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 -

Federal Death Tax Repeal – Not So Fast

by Genova Burns LLC on

Much has been written and speculated about the fate of the Federal Gift, Estate and Generation Skipping Taxes under the current efforts of the Administration and of Republican Congressional leaders to overhaul Federal tax...more

Bad Blood Among Late Developer’s Heirs Jeopardizes Real Estate Mega-Deal

A New York real estate deal valued at close to $1 billion came to a grinding halt when the underlying animosities between a late developer’s widow and his children from previous marriages came to a head in court. Although the...more

Do Not Delay Putting Your Special Needs Planning In Place

by Cole Schotz on

We all want to provide the best for our children, but most of us do not want to face the task of putting an estate plan in place for when we are not here. The everyday demands of life put this planning on the back-burner,...more

Estate Tax Changes Past, Present, and Future

by McGuireWoods LLP on

I. INTRODUCTION - This outline is a selective and evolving review of the history of the modern federal estate tax. It originated during the attempts to repeal the estate tax in President Clinton’s second term and...more

So You've Been Named as Trustee…Now What?

by Faegre Baker Daniels on

You’ve just discovered that you’ve been named trustee of a trust. Not only are you unsure of whether you should accept, you’re also wondering what exactly the role entails, the types of problems you might face, and whether...more

Undisclosed Foreign Accounts, Part II

by Moskowitz LLP on

The executor of a decedent’s estate has a duty to act in a prudent manner and in accordance with the law. At times, this may result in having to take an unpopular position or action that angers the beneficiaries....more

Summary of New Tax Bill Proposal

by Bryan Cave on

House Republicans released their new tax bill on November 2, 2017. As expected for such a significant proposal, the final bill, if passed, will likely look different. Nonetheless, the bill, in its current form, provides the...more

A Pleasant Surprise

by Charles (Chuck) Rubin on

Many commentators expected that the new tax bill would pair the repeal of basis step-up at death with the repeal of the estate tax. They were pleasantly surprised to see that basis step-up at death remains unaltered under the...more

Undisclosed Foreign Accounts

by Moskowitz LLP on

Serving as Executor can at times be more of a headache than an honor. On top of a pile of paperwork and dealing with a multitude of family issues, you can be sued!...more

Estate Planning Inflation Adjustments for Tax Year 2018 & 2017-2018 Priority Guidance Plan

by Williams Mullen on

Many estate planning provisions of the Internal Revenue Code contain brackets, exemptions, exclusions, deductions, or other figures that the IRS adjusts annually for inflation. Every year around this time, the IRS releases...more

Proposed 2017 Tax Act Revealed – Death Tax Repeal Included

by Tucker Arensberg, P.C. on

A summary of the proposed Tax Cuts and Jobs Act was released this morning (11/2/17) and reveals some major changes. The federal estate tax and generation-skipping transfer tax exclusions are increased from the current $5...more

A Well-Planned Estate Can Quell Family Squabbles Before They Start

From Esau, who rashly traded his birthright to his twin brother Jacob for a cup of soup, to King Lear’s ill-conceived plan to leave his riches to only two out of three daughters, family dynamics can lead to estate...more

Undue Influence – The Carpenter’s Exception In Will Contests

by Fox Rothschild LLP on

In a proceeding contesting the validity of a will, the proponent of the will only has the burden to establish that the will was executed with the required formalities. The burden then shifts to the contestant to establish...more

Gift and Estate Tax Exclusion Amounts Set to Increase in 2018

by Nutter McClennen & Fish LLP on

Around this time every year, the IRS looks at whether there has been a year-over-year increase in the Consumer Price Index and announces inflation adjustments to the federal gift and estate tax exclusion amounts for the...more

Estate Planning Strategies Driven By Interest Rates

by Davis Wright Tremaine LLP on

There are a number of estate planning strategies that work well to move assets in an efficient manner from one generation to another within a family. In evaluating any such strategy, one must consider the goals of the family,...more

How to Break Through a "No-Contest Clause" in a Will or Trust in Michigan

by Clark Hill PLC on

After much thought and consideration, Alice decided to update her Last Will and Testament to change the amounts her two sons, Bob and Charles, will receive upon her death. Instead of dividing her estate equally between Bob...more

Petition Denied to Remove Wilmington Trust as the Trustee of du Pont Family Trusts

by Morris James LLP on

Wilmington Trust serves as the sole trustee for certain du Pont Family Trusts established in the 1940s and 1950s. For many years, Wilmington Trust was closely associated with the du Pont family, and was managed in part by...more

Estate Tax Changes Past, Present, and Future

by McGuireWoods LLP on

I. INTRODUCTION - This outline is a selective and evolving review of the history of the modern federal estate tax. It originated during the attempts to repeal the estate tax in President Clinton’s second term and...more

Spare Your Heirs the Guitar Man’s Fate: Three Tips for an Estate Plan That Silences Arguments Over Family Heirlooms

When Grateful Dead front man Jerry Garcia died in 1995, he left his custom guitars to the man who made them. But Douglas Irwin, who built the guitars known as Eagle, Wolf, Tiger, Wolf Jr. and Rosebud, ran into opposition...more

2018 Will Bring Increases to Annual Exclusion, Gift and Estate Tax Exemptions

The IRS has announced that the gift tax annual exclusion will increase from $14,000 to $15,000 in 2018, which will allow donors to give up to $15,000 ($30,000 combined for married couples) per donee each year without...more

Estate Planning & Family Law: How To Protect Your Assets For Future Generations

Norma Stanley and Derren Ciaglia explain the similarities of estate planning and family law, and give some examples of how to protect your assets in complicated planning matters....more

IRS Announces 2018 Estate and Gift Tax Numbers

As it does every year at this time, the Internal Revenue Service has announced updated numbers for 2018 relating to estate and gift taxes (as well as numbers on income tax and retirement plan rules). For 2018 the annual gift...more

Private Wealth Updates - Fall 2017

by Arnall Golden Gregory LLP on

The gift tax annual exclusion will increase from $14,000 to $15,000 next year, allowing donors to give up to $15,000 ($30,000 combined for married couples) per donee each year without incurring gift tax or using lifetime gift...more

Unified Credit for Estates & Annual Exclusions for Gifts Increased for 2018

by Tucker Arensberg, P.C. on

The IRS announced that the Unified Credit for Estates and Annual Exclusion for Gifts will be higher in 2018. Unified Credit Against Estate Tax. For an estate of any decedent dying in calendar year 2018, the basic...more

IRS Withdraws Proposed Code §2704 Regulations On Lapsing Rights And Restrictions

by Cole Schotz on

The IRS has withdrawn the controversial proposed regulations under Code §2704 that would have significantly affected the use of discounts in US estate planning. Code §2704 provides that certain “applicable restrictions” on...more

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