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As a result of the Wall Street Reform and Consumer Protection Act, the private family trust company (PFTC) has becomie a very popular vehicle to provide not only Family Office SEC exemption but also trust administration to the ultra wealthy inter-generationally and several additional tax and non-tax advantages. This memo identifies several of ...

1031 exchanges are a common way for collectors to defer payment of federal capital gains tax when they sell appreciated property and buy like-kind property of the same or greater value. However, these exchanges must be planned carefully. This article features an example of a fine art 1031 exchange gone wrong and how alternative structures can preve...

Bruce Golden of Accel Partners has been recognized as one of the top 100 venture capitalists in Forbes’ Midas List of tech investors. He also sits on the boards of several public and private companies. In a recent interview, he shared his perspective as both a board member and investor, and explained how communication and measurement are the ...

Giving forethought to difficult circumstances can provide important clarity that helps companies avoid worst-case scenarios. Owners can begin by being as objective as possible, treating shares and structure with respect and thinking of the next generation.

In examining the process of transitioning the ownership and management of a family business, this paper discusses pre-transition planning, considers the challenges of intergenerational ownership transfers vs. third-party sales, and proposes a framework for meeting family and business goals through the process.

Thoughtful planning before the sale of a business can yield many benefits to its owner, including ensuring the owner’s family is financially protected if something unexpected happens to the owner or the business before a sale, reducing potential family conflicts that may arise as a result of a potential sale and minimizing the impact of futur...

Owners of LLCs or trusts that include personal assets should work with both a trusted financial advisor and an independent agent who specializes in insurance for the wealthy. Financial planners and insurance agents who collaborate on an account have more knowledge about how each discipline complements the other and can determine the limits and term...

Buying ample insurance for an art collection goes without saying, but it’s how collectors manage their coverage that can make the difference when disaster strikes. This paper examines the benefits of regular appraisals of collections, key questions to ask about the storage and transportation of collections and essential features of insurance ...

For many individuals, owning a horse is the realization of a lifelong passion, but it also increases their risk of financial losses or lawsuits. Regardless of whether individuals board a horse on their own property or at a professional facility, they should give special consideration to their insurance needs to ensure they’re adequately prote...

It has always been the case that courts could consider resources available to one spouse from a trust in deciding how to divide marital property or whether to award maintenance. However, there are trends in several states to make trusts a larger part of the process of dividing assets in a divorce. Because of these trends, it is not necessarily enou...

The current approach used by museums in the United States to manage art market ownership risks is problematic and should keep pace with current trends. This white paper cites the evolution of title risks involving museums, including the impact of defects in legal titles, breaches of donor-restricted gifts and donated art previously pledged to banks...

Preserving and managing tangible wealth in a complex and uncertain world can be a challenge. However, the greatest challenge individuals and their families might face is defining, reflecting on and expressing what their wealth really means.

Planning discussions about wishes are often reduced to how wealth should be distributed or utilized when the principal dies. However, wealthy individuals may be better served by a much broader discussion of how to build a family legacy that generates social and economic wealth, creates family unity and transcends time.

Selecting one’s home state as the situs may be a convenient or easy answer. However, the ability to implement a trust that may last forever, eliminate additional transfer taxes after funding and avoid state income taxes may provide the financial incentive to stray from home, or at least to consider it.

While the greatest tragedy is the loss of life, disasters also cause major financial damage, often leading to the temporary shutdown of companies or even putting them out of business. Preparing for the possibility of disasters is especially critical for small and mid-size companies that may not have the financial resources to recover from a devasta...