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Taking on the role of a direct household employer can be complicated—even for households with a single employee. This guide includes best practices for navigating the complex environment of household employment and provides practical advice on how to avoid the legal, financial, and reputational consequences associated with non-compliant employment.

Employing service providers in your home carries considerable risk. If not handled with extreme care, the process of hiring, termination, and managing day-to-day responsibilities can create liability—and even result in claims of discrimination and retaliation by the employee. This report provides a snapshot of an increasingly complex employment lan...

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.

Your household employees are necessary and helpful, but they present a risk, be it from accidents, reckless behavior, or bad intentions. While there is no way to minimize the concerns entirely, establishing clear communication, crisp policies, and appropriate checks and balances can prevent, or at least decrease most issues. We’ve created a checkli...

The complex, convergent nature of risks facing high-net-worth families requires family offices to adopt both a holistic and strategic approach to risk management than many have in the past. The ones who can make the change will be best positioned to successfully navigate the challenges that range from overarching trends of growing families to incre...

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 ...

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...

In this interview, attorney John Litchfield of Foley & Lardner’s Labor & Employment group discusses the key considerations family offices should keep in mind when it comes to domestic workers in the family office environment. Along with insights on household staff salary and wage treatments in accordance with the Fair Labor Standards Act (F...

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...

21st century wealth owners and their financial advisors often seek to design trusts that are flexible enough to withstand personal and financial changes yet manage the investment's outcome. Trusts serve the useful purpose of retaining control of funds pending certain events, after which funds may, can or must be transferred to or on behalf of the b...

40% of families now gift their assets through trusts compared to 12.5% in 1995. Directed trusts, special purpose entities, trust protector companies, and regulated and unregulated private trust companies have all played integral roles in the growing popularity of trusts. This session focused on the important reasons families are choosing these popu...