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In nearly every discussion about estate planning, important questions and issues arise. If couples arrive in their attorney’s office having already thought about these issues—including assessing the level of financial management skills their beneficiaries should possess, how to communicate to their children about their hopes and expectations about ...

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...

A private family trust company (PFTC) provides families with intergenerational governance over family assets and a private forum for decision-making. Without proper management, however, a PFTC can be exposed to costly litigation and the potential for significant liability. By developing and implementing policies that take into account the expertise...

Originating in English common law, trusts have been used for centuries to manage holdings of the wealthy. Even though trusts are quite common, many people may find them hard to understand. Having an introduction to the trust basics is a good place to begin and learn how trusts are used in wealth management plans to help provide financial support fo...

A Dynasty Trust is often referred to as a family bank since it serves as a primary resource for the funding of the needs of a family's beneficiaries in successive generations. Given the unsteady economic times and tax uncertainty, there is no better time than now for wealthy families to establish a Dynasty Trust to achieve optimum results...

When starting with family philanthropy, a family can choose a donor-advised fund or establish a private foundation. Each option has different requirements and management issues, including start-up costs, privacy matters, control of grants and assets, and flexibility in impact investing. Serving as a general guidance for you and your experienced adv...

A solid governance structure is critical to any private trust company’s long-term success. Through a thoughtful review that includes useful diagrams and outlines, learn the common elements of the PTC structure; the Board role and responsibilities; the Board attributes, composition, selection process, and succession planning; and addi...

Once the private trust company’s (PTC) governance structure is designed, the foundational operations and administration elements will be central to bringing the PTC to life. Three key elements toward that end include reducing PTC complexity through documentation and recordkeeping; maintaining the PTC through communications and compliance;...

Lawmakers have passed the Corporate Transparency Act (CTA) to help in the ongoing fight against fraud, corruption, terrorism financing, and money laundering. The CTA contains significant new federal reporting obligations, and it may have an especially onerous impact on estate planning for those who accomplish their planning goals through the u...

There are various laws and issues to take into account when considering a state in which to form a Private Trust Company, including requirements around annual reporting, residency of personnel, and capital requirements. This report provides a side-by-side comparison of state PTC laws across key states: Ohio, Florida, Texas, and Tennessee.

For many individuals, philanthropy is one of the more gratifying parts of estate planning. Adding in a multigenerational component—one that involves the family’s needs, interests, assets, and goals—can make it even more meaningful and compelling. With the focus on the family and through open channels of communication, philanthropy can be an excelle...

When it comes to effectively transferring assets, the Grantor Retained Annuity Trusts (GRAT) is a popular estate planning strategy that can reduce the tax liability. In this interview, three attorneys discuss the benefits of GRAT and the securities law case, Donoghue v. Smith, involving that strategy.

Trusts are valuable tools frequently used to transfer wealth within families, preserve and protect wealth, and reduce taxes. Understanding trusts and the role of the trustee is important for the people establishing trusts and the beneficiaries of those trusts. Building on this foundation, answers are provided to some questions about trusts and trus...

By recognizing there are various charitable giving vehicles—including donor-advised funds, charitable remainder trust, and CRUTs—that donors use to engage in philanthropy, there is also the recognition that there is no single method that is a universally perfect solution and that there are donors who may wish to utilize more than one structure. So ...

Generally, parents lose access to their child’s health and financial information once the child becomes a legal adult at the age of 18 unless certain steps are taken. To this end, here is a list of seven essential legal documents for parents to complete when their children turn 18 and before they go to college or leave home for ...