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Since the election, President Obama has reaffirmed his commitment to increasing marginal tax rates for upper income taxpayers while maintaining for lower income taxpayers the tax rates that have been in place since 2001. The basic theme is to reverse for upper income taxpayers the tax benefits conferred by the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003.

One of the potential benefi ts of wealth planning is the opportunity for families to have meaningful conversations about their hopes, dreams, legacy wishes, and more. These types of planning discussions can help to create family intimacy, and help build relationship capital for the future. In this white paper, Fidelity advisor Dr. Timothy G. Habbershon outlines what he considers the three outcomes optimal for having effective family communication — and how these goals can help lay the foundation for sensitive and complex estate planning decisions.

Incentives, credits, and deductions within the U.S. tax system are currently in the spotlight, and most advisors are aware that unprecedented exemptions for gift and estate taxes are set to expire on December 31, 2012. Less clear, however, is how families can manage their assets to capitalize on the credits before the window closes. This article looks at some of the reasons families have not taken advantage of expiring gifting opportunities.

Advisors should protect their clients who own fine art and other collectibles from financial loss with properly executed tax and estate planning. This article highlights two recent examples of how oversights, such as defective title, create marketability challenges that may result in substantial financial consequences for collectors.

This paper reviews the expanded federal gift exemption that is set to expire at the end of 2012 and the tax differences that are set to occur on gifts given before and after December 31, 2012. Hemenway & Barnes also reviews various trust instruments, including a generation-skipping trust and a grantor trust.

The “Tax Relief, Unemployment Insurance & Job Creation Act of 2010” (TRA 2010) reunified the gift and estate tax systems and increased the amount a person can transfer to children and future generations during lifetime or at death to $5,000,000. As of the beginning of 2012, indexing puts that number at $5,120,000. The window on this opportunity to fully fund a generational legacy of over $10 million per couple will close on December 31, 2012. Beginning January 1, 2013, the amount passing free of gift and estate tax is back to an indexed $1,000,000.

Modifications, reformations and decanting of a trust have all gained in popularity as a result of modernized trust laws, changes in family circumstances and/or a desire to change trust administration. This paper looks at some of the benefits of South Dakota's decanting, modification and reformation statutes.

The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (2010 Tax Act) reinstated the gift, estate and generation-skipping transfer (GST) taxes that were repealed earlier in 2010. The reinstatement comes with increased transfer tax exemptions and favorable rates for 2012. Get a closer look at the details in this white paper.

The term “family bank” grew from the idea that a Dynasty Trust can act much like a traditional bank by providing resources to fund particular needs of beneficiaries in successive generations, for instance, purchasing real estate and other large assets, funding business endeavors, providing family distributions to fund “health, education, maintenance and support” (HEMS) expenditures and so on.

Personal liability for family members serving individually as a trustee can result from improper asset allocation, lack of diversification, unacceptable due diligence and monitoring, environmental issues with real estate, and other distribution and/or investment issues. The directed trust and private family trust company (PFTC) are two great options to combat these potential liability issues without inhibiting a family’s flexibility and control.