Simply because the instrument governing your trust states that it is irrevocable and cannot be amended does not mean it cannot be modified to serve your family’s needs in a better fashion. Delaware law offers an array of options—administrative amendment, decanting, a nonjudicial settlement agreement, consent modification, trust merger, and judicial modification—to facilitate alteration of an existing trust. Learn more about these remedies to determine if one of them will suit your purpose and achieve lasting improvement in your trust’s operation.
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Irrevocable trusts are a great way to minimize estate taxes and keep more of your wealth in the family, but they require you to permanently give up ownership and control of the assets you place in them. For people who are hesitant about the irrevocable aspect of the trust, there is the spousal lifetime access trusts, or SLAT, that can be an excellent estate-planning tool that allows indirect access to trust assets and income through the beneficiary spouse. Plus utilizing the SLAT’s grantor trust status, can make this type of trust especially palatable.
During this interview, attorney Jason Kohout shares the legal developments and highlights from his panel discussion on the regulatory, trust, tax, and estate planning update at the Family Office and Wealth Advisor Forum. Discover what to watch out for, what to stop worrying about, and what you should consider doing to protect your family office clients.
There are few matters of wealth management more fraught with tension than estate planning. Preparing to transfer wealth and assets to your heirs can involve emotions, family dynamics, legal structures, and a host of major and complex tax implications. The challenges around succession planning are also exacerbated because of the so-called Great Wealth Transfer from the baby boomers to a generation of heirs that may have a different view of money.
Don't miss this annual in-depth update. A panel of experts will review recent and potential income tax, trust, and estate planning laws, regulations, and cases in order to discuss managing key challenges and opportunities in 2023. Discover what to watch out for, what to stop worrying about, and what you should consider doing to protect your clients. In addition, a discussion on the Corporate Transparency Act will be included as we look toward 2024 reporting requirements.
When families gather at their cottages or vacation properties, the senior generation might think how nice it would be for these multi-generational gatherings to continue after they pass. But before designing an estate plan to address the future generations’ continued use and enjoyment of this property, there are two important questions a family must consider.
Once a family has made a decision to pass the ownership of family cottage or vacation property to the next generation, you will need to give thought to how that ownership will be held. There are basically three options for the form of ownership and use of a cottage by multiple households of a family: co-tenancy, a trust, or a limited liability company (LLC). Each one has advantages and disadvantages, which means that each family will have to weigh these and decide what form makes sense for them.
Once you have decided to pass the family vacation property to the next generation, and you have chosen the ownership form you want to use, the last step in preparing for the transfer is to create an agreement that spells out the use and maintenance of the property and gover
While it might seem like a great position to hold a concentrated position in a low-basis stock that has appreciated over time, it poses several challenges related to investment risk and taxes. Here are some charitable options for lowering your risk while doing the most good with your gains, whether that means giving to a worthy cause, gifting to a family member in a lower tax bracket, or both.
When the Tax Cuts and Jobs Act (TCJA) was passed in late 2017, the “sunsetting” of many of the provisions in 2026 seemed far away. Among those of benefit to high-net-worth individuals was the increasing of the gift, estate and generation-skipping transfer tax exemptions to $11.18 million per person ($22.36 million for married couples) for 2018. The tax exemptions are indexed annually for inflation through December 31, 2025. For those who can afford to use the higher exemption, learn what’s at stake and what needs to happen before the exemption is significantly reduced.