Posts

Estate Planning with Entities

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More and more families own property, assets, and businesses together.  Using an entity to govern operations provides stability by allowing continued operation upon the death of an owner.  When the governing agreement and estate planning documents of a deceased owner conflict, unintended, potentially litigious, results occur.  http://dlvr.it/TKCxC4

Are Irrevocable Trusts Really Irrevocable – Part II

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For many years Estate Planning attorneys touted irrevocable trusts as an immutable way to set an estate plan in stone. As more and more states have adopted the Uniform Trust Code that has changed. Provisions of the Uniform Trust Code allow for modification of an otherwise irrevocable trust which has altered the landscape of Estate Planning. Irrevocable Trusts have long been an effective, albeit static, estate planning tool, with the ability to alter irrevocable trusts, they provide more flexibility and opportunity than ever. Read on to learn more. http://dlvr.it/TK27v1

Are Irrevocable Trusts Really Irrevocable – Part I

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For many years Estate Planning attorneys touted irrevocable trusts as an immutable way to set an estate plan in stone. As more and more states have adopted the Uniform Trust Code that has changed. Provisions of the Uniform Trust Code allow for modification of an otherwise irrevocable trust which has altered the landscape of Estate Planning. Irrevocable Trusts have long been an effective, albeit static, estate planning tool, with the ability to alter irrevocable trusts, they provide more flexibility and opportunity than ever. Read on to learn more. http://dlvr.it/TJwhSl

Use It or Lose It…Examining the Efficacy of the Spouse And Family Exclusion Trust or Spousal Lifetime Access Trust

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The Applicable Exclusion Amount (“AEA”) permits individuals to transfer a certain amount of property either during life or at death without worrying about incurring an estate or gift tax. Passage of the Tax Cuts and Jobs Act of 2017 temporarily doubled that amount thereby allowing significant amounts of wealth pass from one generation to another without imposition of tax. As we draw nearer to January 1, 2026, and the sunset of those doubling provisions, attorneys and clients alike will rush to utilize whatever remains of their AEA to avoid losing it. Married individuals have a particularly useful option at their disposal. http://dlvr.it/TJkgpw

Avoiding an Audit

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The Internal Revenue Service recently released its Strategic Operating Plan. In that plan, the Service indicated that it planned to conduct more audits, especially on the wealthiest taxpayers. Hearing that you are facing an audit is enough to strike fear into even the most stoic of individuals. No one is immune from audit; however, taxpayers following certain steps are less likely to be audited than those who don’t. http://dlvr.it/TJcGwQ

Litigation…a Necessary Evil?

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Anyone creating an Estate Plan wants to ensure that the plan will work as intended and will withstand legal challenges. Sometimes though, beneficiaries need to bring a legal contest to enforce the terms of the decedent’s plan and force fiduciaries to act in accordance with their duties. This article examines a recent court case that could have ended in a failure of the decedent’s Estate Plan. http://dlvr.it/TJVQ56

3 Estate Planning Documents Experts Suggest You Have

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Estate planning is important and most people know it. According to a recent Yahoo article, 56% of people believe having an estate plan is important. Unfortunately, although most people know that they should have a plan, many people fail to follow through on actually creating one. In fact, the same Yahoo article found that only […] http://dlvr.it/TJSKnk