News & Analysis as of

Transfer of Assets

Hogan Lovells

How to preserve optimization of a business in bankruptcy

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This is the fourth article in a continuing series on how to structurally optimize businesses the right way (and cautionary tales about the wrong ways), whether and when to use divisive mergers (and what not to do once you...more

Levenfeld Pearlstein, LLC

How Estate Planners Can Effectively Manage Non-Probate Assets

Effective estate planning involves a careful consideration of assets and their distribution to ensure intended beneficiaries experience a seamless transfer of assets when the time comes. Understanding the difference between...more

Walkers

Investments in Jersey - Do you need a Jersey Will?

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In most cases it is advisable to have a Jersey Will to cover investments held in Jersey, as this allows personal representatives to gather and realise or distribute assets more quickly. While a fast-track process can...more

Herbert Smith Freehills Kramer

No Guarantee: Caution From Second Circuit For Lenders Relying On Unsecured Guarantees

A U.S. appellate court recently issued a cautionary decision for lenders depending on unsecured guarantees by parent companies and affiliates of their borrowers. In Leadenhall Capital Partners LLP v. Advantage Capital...more

Offit Kurman

Choosing the Right Fiduciary: Why It Can Make or Break an Estate Plan

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Even the most carefully crafted estate plan can unravel if the wrong individuals are appointed to serve as executor or trustee. Executors and trustees are fiduciaries vested with broad authority to administer assets under...more

Opportune LLP

Understanding Gift & Estate Tax Valuation: A 2026 Guide

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Understanding the intricacies of gift and estate tax is essential for individuals seeking to optimize their overall tax and financial planning. The requirements set forth in the tax code can significantly impact an...more

Stange Law Firm, PC

Understanding pour-over wills: How they work with revocable trusts

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What Is a Pour-Over Will? When people begin estate planning, they often think first about a simple will. While a will is an important document, it may not always provide the most efficient way to transfer assets after...more

Robins Kaplan LLP

Sibling versus Sibling: Keeping Drama in the Family

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The opening line of Tolstoy’s great novel resonates in part because of its simplicity. It has even given rise to the “Anna Karenina Principle,” which suggests that complex mechanisms require all key factors to exist and...more

McGuireWoods LLP

Legacy Planning, Once Removed: Filling Out Beneficiary Designations and Payable-on-Death Designations

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A key element of any estate plan is the completion of beneficiary designations and payable-on-death designations for assets. These documents may look routine, but they control who receives certain accounts. This episode...more

Rivkin Radler LLP

Converting a Taxable Corp Into a Tax-Exempt Entity Via a Bargain Sale – or is it Something More?

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From Taxable to Tax-Exempt Corp Travel back with me to 1986, if you will, and the repeal of the General Utilities doctrine. The Tax Reform Act of 1986 added Sec. 337(d) to the Code and directed the Treasury to prescribe...more

Mayer Brown

Considerations in Continuation Vehicle Transactions

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CONTINUATION VEHICLES - Continuation vehicles are a tool to allow a sponsor to transfer one or more portfolio assets from an existing fund to a new, sponsor‑affiliated vehicle to extend ownership and pursue additional...more

McGuireWoods LLP

Legacy Planning, Once Removed: Moving Assets Into Revocable Trusts — The ‘Why’ and ‘How’

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Establishing a revocable trust is just the first step. In order to ensure that assets are properly managed and distributed during life and upon death, the client should consider whether and when to fund the revocable trust....more

Amundsen Davis LLC

GRATs and CLATs: Trust Strategies to Maximize Wealth Transfer

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For many years, certain trusts have proven exceptionally effective for wealthy individuals and to transfer some of their assets to the next generation that minimizes gift and estate taxes. Two of the most powerful tools in...more

Offit Kurman

Don’t Let Your Plan Fail: Why Reviewing Your Trust is Critical

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Revocable trusts are often the centerpiece of a client’s estate plan for the many benefits that they provide. Revocable trusts are private agreements that are easily amendable, and avoid the costs and delays associated with...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Nonprofit and Association Law 2024–2025

The following is a review of notable cases and regulatory developments for associations and other nonprofit organizations at the federal and state levels during the last year, organized by the following categories: ...more

Lasher

Trust Administration vs. Will Probate: Which Process is Best for You?

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When planning your estate in Washington State, one of the most common questions is whether to use a Revocable Living Trust (RLT) or a Will. Most are curious because of the horrors they hear or the experience they’ve had with...more

Tannenbaum Helpern

Beyond Estate Planning – Why Divorce Attorneys Need to Know About IRC § 2516

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During most divorce proceedings, the legal focus tends to center on important topics such as child custody, spousal support, and the equitable distribution of marital assets....more

Cohen Seglias Pallas Greenhall & Furman PC

Digital Transformation and Succession Planning: A Legal View

Succession planning has traditionally focused on transferring tangible assets where ownership and valuation were relatively simple such as real estate, inventory and equipment. However, as digital transformation reshapes...more

Holland & Knight LLP

Delaware Court of Chancery Denies in Rem Jurisdiction Over Ether Cryptocurrency

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The enactment of the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act regularized digital assets as a part of the U.S. financial system. However, there remain unresolved questions relating to...more

FBT Gibbons LLP

Transfer Provisions and Emerging Trends in Commercial Real Estate Carveouts

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As mentioned in the inaugural post of The Carveout, non-recourse loans will include a non-recourse carveout providing protection for the lender in the event the transfer provisions in the loan documents are violated. The...more

Jaburg Wilk

Significant Increase in Arizona’s Small Estate Thresholds

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In Arizona a party can collect assets in a small estate without having to open a probate through a form commonly known as a “small estate affidavit.” The purpose of Arizona’s small estate affidavit is to provide a simplified,...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Don’t Let the Sun Set on Your Estate Plan: Prepare Now for the 2025 Exemption Expiration - July 10th, 12:00 pm - 1:00 pm...

The current federal estate tax exemption, expanded under the 2017 tax law, is set to expire at the end of 2025, potentially halving the exemption. This change, known as the 2025 estate tax sunset, could significantly increase...more

Amundsen Davis LLC

Common Misconceptions in Estate Planning: Wills Avoid Probate

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It is a common misconception believed by many that having a will avoids probate. Not only is it false, it really could not be further from the truth. Rather, a will is a tool that is often used during the probate process and...more

Bowditch & Dewey

Benefits of a Professional Trustee During the Great Generational Wealth Transfer

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As the population of the U.S. ages, we are in the midst of what some are calling the “great generational wealth transfer,” and some studies are suggesting there could be over $100 trillion passing to the next generation over...more

International Lawyers Network

Establishing a Business Entity in Germany (Updated)

Anyone can establish a business in Germany - irrespective of citizenship, nationality, or place of residence. There is no specific investment legislation for foreign entrepreneurs. Any entrepreneur can make his choice...more

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