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Private family trust companies have increased in popularity in recent years, and several states have adopted statutes specific to them. This compiled information compares state trust law requirements for Virtual Representation, Nonjudicial Settlement Agreements and Nonjudicial Modification Agreements in selected states that have PFTC statutes, incl...

Every family has its own reasons for establishing a private family trust company (PFTC) which can be structured to suit the family’s needs and desired goals. When deciding whether to establish a PFTC, there are several important issues to consider. Taking an in-depth look at these considerations—including capital requirements, regulator...

The Board of Directors plays a pivotal role in the effective governance of any organization, including the private family trust company. Board members fulfill their roles and responsibilities, in part, by holding regular meetings that utilize a comprehensive agenda. One vital tool for an effective Board meeting is the meeting agenda. Here, ten sugg...

While laws in the United States generally allow trust property to be protected from the creditors of beneficiaries, there has traditionally been an exception to these protections where property in a trust is derived from a beneficiary’s own contributions to the trust. In rejecting this traditional rule, some states have modernized their laws,...

By enacting progressive trust laws building on the uniform trust code, Tennessee is attracting a growing number of family offices that are seeking flexibility to adapt to changes in family circumstances and the world around them. One such change was adding the "common sense" provision that expanded the definition of "family memb...

2020 was a chaotic year for many industries and the COVID-19 pandemic created a host of challenges for providers in the home health and hospice space. For investors and business owners in that space, the year ended with robust M&A activity in the hospice sector while the home health M&A activity remained dormant. Looking at the trends and c...

Regardless of the sector, nearly every healthcare organization has made significant investments in technology, as data and computing became essential in the healthcare setting during the COVID-19 pandemic. In addition to the pandemic, healthcare IT saw an uptick in M&A activity in certain sub-sectors. For those looking at potential investm...

High net-worth families for whom privacy is a paramount consideration may be concerned that the Corporate Transparency Act, which became law on January 1, 2021, creates a risk of sensitive ownership information being exposed to the wrong persons. This may concern family offices; however, regulated private trust companies and trusts may be exem...

With the IRS increasing their funding and enforcement, upper income taxpayers should expect the IRS audit coverage to increase dramatically on them. It’s important to prepare for the tax changes that are coming—and coming quickly. Along with having a team of professionals on your side, there are steps you can take to protect yourself. N...

Over the past decade, Tennessee has significantly elevated its position as a preeminent jurisdiction to situs a trust. With the latest enacted legislation in the state, that situs status is maintained. Some of the more significant enhancements of the legislation include the ability to designate applicable law, registration of a trust, and additiona...

The use of a specific ownership structure to provide for the deduction of investment management fees has evolved since 1941 to most recently in 2018 when guidance was provided by the U.S. Tax Court in determining whether the activities of a family investment management company constitute a trade or business. With a review of the details of tha...

Under the Tax Cuts and Jobs Act of 2017, the federal estate tax exemption was temporarily doubled through December 31, 2025. Effective January 1, 2026, the exemption limits are scheduled to be reduced by half, adjusted for inflation. Charting the change and inflation adjustment, the projected limits are provided for your tax and estate plannin...

On September 30, 2022, the Department of the Treasury issued final rules addressing the scope of the reporting requirements for beneficial ownership and control of entities provided under the Corporate Transparency Act (CTA), which creates more clarity for families looking to understand their reporting requirements and potential exceptions. While t...

With increasing interest rates, the Treasury Department's recent publication of long-awaited proposed regulations will change the life-expectancy factors used in life expectancy-based estate planning. While the changes may not seem drastic, they should be considered by individuals contemplating its use. For most types of planning, when increase...

For families with significant wealth, a new IRS Revenue Procedure could result in millions of dollars in tax savings. The procedure makes the Deceased Spouse Unused Exclusion available up to five years after the death of the first spouse of a married couple.