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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 most families, a large part of multigenerational success hinges on how they approach challenges and create opportunities. In unprecedented times of social distancing and school closures, there are ways you can use this unexpected “family time” to your advantage, including enhancing education for younger generations and foster family communicati...

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...

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 ...

If you’re not used to having conversations surrounding family wealth, it can be an uncomfortable experience that can lead to in-fighting and a breakdown in trust. That’s especially true when talking about inheritance: older generations often question if their kids are ready to grow into their roles as stewards of wealth, and younger generations oft...

Being asked to oversee a family trust is a big deal. It’s a huge responsibility, and one you may not feel prepared to accept. Even if you’ve participated in or been exposed to the world of trusts, you may not have the knowledge or skills to be an effective trustee right now. The first step in deciding whether to accept this role is to learn more ab...

In collaboration with a consortium of interested parties, including Holland & Knight attorneys, the Tennessee legislature has made significant strides toward securing and maintaining the state’s status as one of the leading jurisdictions for trust administration. These efforts have resulted in more consequential improvements to the Tennessee’s ...

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...

Beginning with the trustee fiduciary duties to the beneficiaries of a trust, attorney Abbey Magnuson of Foley & Lardner’s Estate & Trusts Practice Group discusses ways to mitigate trustee liability in this 10-minute interview with Brian Lucareli. Abbey also emphasizes the role Family Offices play in the administration of trusts and how they...

With the varied viewpoints, personalities, and emotions of UHNW family members, finding consensus can be a difficult topic, yet it is imperative to reach goals and move ahead. Gain insight into the structure and practices required for consensus and consider real-life situations resolved using these techniques. ...

The family meeting is an important element of the larger family education and communication strategy. Join Edouard Thijssen, Co-Founder & CEO of Trusted Family, and Mindy Kalinowski Earley, Chief Learning Officer at Family Office Exchange, for an educational discussion informed by their decades of work with families. Together, they will shar...

Although high-net-worth families and individuals recognize the importance of instituting formal family governance structures, doing so presents a complex task. For families who are committed to creating a flexible and durable system of governance, the benefits are lasting. Where To Begin Family governance need not be an...