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Everything is more complicated for families with a loved one with a disability. From finding the right doctors, the right schools and obtaining necessary therapies and services. Nothing is easy. Developing an estate plan is also more complicated than it is for “typical” families. The beneficiaries with special needs require comprehensiv...

Many powerful trends are taking place in 2016 with trust and estate planning for both domestic and international families in the favorable boutique trust jurisdictions such as South Dakota. From modern trust structures such as the directed trust, private family trust companies, special purpose entities and domestic asset protection trusts, to plann...

Estate-planning advisors should be aware that there are many creative planning opportunities for the use of Private Placement Life Insurance (PPLI) with trusts. PPLI is essentially a flexible premium variable universal life insurance transactions that occurs within a private placement offering. Previously, PPLI hadn’t been as appealing due to...

In May 2014, FASB issued Accounting Standards Update (ASU) 2014-09, Revenue from Contracts with Customers (Topic 606), changing the way revenue is recognized. As of January 25, 2017, the FASB has issued ASUs to revise and clarify the guidance on the original Topic 606. In accordance with the core principle of Topic 606, there are five key steps to ...

Lawsuit awards can be incredibly high, and individuals known to have substantial assets are particularly vulnerable. In some cases, the high-stake lawsuits can cause devastating reputational damage. Given the risks and exposure, the need for holistic liability protection is an important issue. Learn the different types of liability i...

By thinking ahead and paying a long-term capital gain today, an investor can derive a net tax benefit in future years. This research brief from Parametric Portfolio Associates explores the tax-management strategy of realizing such gains in a portfolio of equities and quantifies how much this can add to after-tax performance. The authors evaluate th...

A health and education exclusion trust may offer a way to preserve assets for younger family members and avoid harsh generation-skipping taxes, while still contributing to charity. In this article, Mela Garber of Anchin, Block and Anchin explains how a HEET can be a useful and effective estate planning tool that benefits family and a designated cha...

These harsh economic times should induce beneficiaries, fiduciaries and their advisors to review trust distributions and portfolio viability. Whether investment and inflation conditions get worse or improve, if everyone takes a long hard look at the economic reality and works together, they can devise a deliberate and practical trust plan that will...

This is the first in a series of three articles based on the notion that wealth planners have a unique opportunity to help client families succeed over multiple generations. In this installment, the author looks at the differences in thought and outcome between a transfer plan and a transition plan.

Following the sale of the family business, family members face the decision of whether to pool the sale proceeds and thereby continue as a family investment enterprise. There are many important and very complex tax, legal, financial, operational and accounting issues to consider, but successful implementation of such an enterprise can help family m...

Trustees often are required to invest the assets of a trust or estate. In doing so, they may delegate power to an investment advisor or securities broker. If the advisor's or broker's investments result in losses, the trustees need to find and pursue any viable claim to recover the losses. Stein, Stein & Pinsky offers suggestion to help with this t...

Gifting may be the place to start in planning a long-term estate planning strategy, according to this paper from Wells Fargo. While gifting can be useful in transferring tax savings, it also can provide a real-time snapshot of the estate plan by allowing the giver to see how beneficiaries accept and respond to the gifts and then to change the estat...

The article argues that special needs planning on behalf of a disabled child means assembling a team of professionals with complementary competences: estate planning attorney, a financial advisor, and an accountant, as well as the parents, siblings, social workers/case manager and, if feasible, the child in question. Personal, financial, and legal ...

Why, when and how legal and financial advisors counsel their clients around their charitable giving options has important implications for the donor, for the gift planner, for charitable organizations and for society. The author makes a series of recommendations on how the advisor-client relationship can best be structured in the interests of both.

Experiencing an investment loss is bad enough, but that situation is even worse when those losses cannot be used to reduce tax liability. Rothstein Kass explores the recent Garnett decision by the U.S. Tax Court, which broadened the rules used to determine whether participation in a business activity can be considered passive activity. This designa...