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Modifications, reformations and decanting of a trust have all gained in popularity as a result of modernized trust laws, changes in family circumstances and/or a desire to change trust administration. This paper looks at some of the benefits of South Dakota's decanting, modification and reformation statutes.

The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (2010 Tax Act) reinstated the gift, estate and generation-skipping transfer (GST) taxes that were repealed earlier in 2010. The reinstatement comes with increased transfer tax exemptions and favorable rates for 2012. Get a closer look at the details in this white pa...

The term “family bank” grew from the idea that a Dynasty Trust can act much like a traditional bank by providing resources to fund particular needs of beneficiaries in successive generations, for instance, purchasing real estate and other large assets, funding business endeavors, providing family distributions to fund “health, edu...

Personal liability for family members serving individually as a trustee can result from improper asset allocation, lack of diversification, unacceptable due diligence and monitoring, environmental issues with real estate, and other distribution and/or investment issues. The directed trust and private family trust company (PFTC) are two great option...

Incentives, credits, and deductions within the U.S. tax system are currently in the spotlight, and most advisors are aware that unprecedented exemptions for gift and estate taxes are set to expire on December 31, 2012. Less clear, however, is how families can manage their assets to capitalize on the credits before the window closes. This article lo...

More and more states are recognizing same-sex marriage. Although marriage and its legal implications are governed by state law, for federal purposes the Defense of Marriage Act (DOMA) defines marriage as a relationship between one woman and one man. This inconsistency creates some tax planning challenges for same sex couples.

Advisors should protect their clients who own fine art and other collectibles from financial loss with properly executed tax and estate planning. This article highlights two recent examples of how oversights, such as defective title, create marketability challenges that may result in substantial financial consequences for collectors.

While family businesses are playing an important role in the economy and studies have regularly shown that in the long-term they outperform other businesses, there is the continual challenge of succession to the next generation. An estate is built up over the generations and the family grows larger. This source of diversity is not without its chall...

For many philanthropic families, successfully engaging the "next generation" proves challenging. This can be especially true if the family supports a specific community or region in which the younger family members do not live. This paper looks at the benefit of allowing the next generation to pursue their interests in more global issues.

Since the election, President Obama has reaffirmed his commitment to increasing marginal tax rates for upper income taxpayers while maintaining for lower income taxpayers the tax rates that have been in place since 2001. The basic theme is to reverse for upper income taxpayers the tax benefits conferred by the Economic Growth and Tax Relief Reconci...

Can you lose a charitable deduction for failing to obtain a correct acknowledgement? A recent Tax Court case says yes. As we approach year-end giving season, know the rules, whether you are giving $500 or $50 million.

Choosing an executor is one of the most important decisions individuals make when preparing their will. This white paper explains the executor’s role and offers insights into how you might choose an executor for your estate.

Why are some families able to pass the legacy of philanthropy from generation to generation while others are not? This white paper by Claudia B. Sangster, director of Philanthropy Services with Harris myCFO, LLC, looks at how to encourage the next generation of givers.

Many people are aware that the current federal gift and estate tax exemption of $5 million is scheduled to revert to $1 million at the end of 2012. Not only is the exemption set to drop, tax rates are slated to increase from 35 percent to a range that tops out at 55 percent. This means that a single person who makes a $5 million gift on December 31...

This paper provides an analysis of the new 3.8% Medicare surtax set to take effect in 2013 and recommends planning strategies to reduce its impact. Atlantic Trust suggests several vehicles to mitigate the effect of this tax, including tax-exempt bonds, rental real estate, S-Corporations, Roth IRA conversions, charitable remainder trusts and install...