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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.

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 ...

Organizations can fuel growth by planning for their specific human capital training and talent development needs. In this conversation on human capital, get to know the key considerations for companies to successfully align their human capital strategies with business objectives. Learn the importance of aligning talent development plans with future...

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...

For the second quarter, we turn our attention to the topic of human capital and the level of attention it is receiving among our members, and across the industry at large. You may recall during our January 18 webcast on “The Rise of Human Capital” we stated that the “New Era of Family Wealth” has arrived. In large part, this “new era” is fueled by ...

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...

FOX’s annual estate planning webcast will lead participants through a thoughtful discussion of some of the most important topics and developments that were addressed at the 57th Annual Heckerling Institute on Estate Planning. Key legislative, regulatory, and case law updates impacting ultra-high net worth families and their family offices will be c...