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The long-awaited and much-speculated about regulations to Section 2704 were issued in early August 2016. As issued, the proposed regulations expand the scope and reach of section 2704 to preclude use of various structural techniques to artificially suppress the value of interests in entities transferred by taxpayers or owned by them at death. The I...

Under the IRS’s proposed new regulations, they would permanently and profoundly change estate planning for families that own a controlling interest in a privately held corporation, partnership, or limited liability company. The IRS has requested comments on the proposed regulations by November 2, 2016, and will hold a hearing on December 1, 2...

It is an unfortunate fact of life that, as we age, our cognitive powers often decline. To assist people as they reach this stage in their lives, states provide a mechanism by which a person’s friends and family may petition a court to declare him or her incapacitated, and for the court to appoint a guardian to manage his or her affairs. While...

Although public companies are most often the targets of shareholder claims and class-action suits, not-for-profit and private entities are not immune from litigation. As a director, you could be named personally in claims of fraud or financial mismanagement from which the entity’s indemnification provisions and business structure cannot always prot...

The proverb “Shirtsleeves to shirtsleeves in three generations” is pervasive across many cultures. Why is this the case and how can your family be exceptional in your quest to sustain your wealth? Observations from decades of working with families on this challenge provide seven insights on how families fail to sustain their wealth from...

While many families are expending effort on important concepts such as improving financial literacy, defining family shared values, and creating family mission statements, such efforts are likely to be lost if families do not first focus on one fundamental aspect of a successful family: Communication. Effective communication is an ongoing effort th...

Parents often find it difficult to discuss their wealth with their children, especially when it comes to what will happen to their wealth when they die. But when parents do not clearly detail their intentions or prepare their children to receive the family’s wealth, they risk outcomes that will meaningfully erode the value of their estate. Fortunat...

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...

New findings in brain science and neuroplasticity provide clues on how to create and sustain better leaders, especially within family enterprises. Consider some of the roles and functions we commonly associate with effective leadership in such enterprises: clarifying vision; leading change; creating strong connections between disparate groups; maki...

Based on the voices of 2,650 successful business owners across Europe, Asia, the United States and the Middle East, the Global Entrepreneur Report examines the characteristics and motivators of Elite Entrepreneurs with a total net worth of $40 billion. They are highly motivated, resourceful and skillful in the art and science of entrepreneurialism....

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...

Based on a global survey of high-net worth individuals, including almost 300 family business owners, the eighth instalment of Barclays Wealth Insights provides fresh analysis into the state of family businesses around the world today. The report will assess the current situation and prospects of family businesses, and examine in detail their un...