Because each donor is treated as a separate party for tax and other purposes, donors often involve others in making gifts. For example, a donor might transfer assets to his or her spouse, so the spouse actually makes the gift...more
This podcast often discusses the elements of a trust, and how to grant access, control and flexibility to beneficiaries and trustees. But for tax and other purposes, the donor typically cannot retain those kinds of...more
In previous episodes, we discussed the exemptions that apply for gift, estate and generation-skipping transfer tax. Many of these exemptions are adjusted for inflation each year. In Episode 16, we’ll review those exemptions...more
The beginning of the year is a good time to think about annual gifts to descendants and other beneficiaries. Episode 17 will walk through some options to make efficient use of annual gifting and also address some potential...more
Steve Murphy, chair of the private wealth services group, dives deeper into the subject of SLATs in this episode. SLATs can work well with estate tax benefits and creditor protection benefits, all while giving the spouse...more
Steve Murphy, chair of the private wealth services practice group at McGuireWoods, discusses the Spousal Lifetime Access Trust, also known as the SLAT. Steve explains the rights that your spouse can have in this trust through...more
In this episode, Steve discusses the importance of the rule-based power to remove and replace a trustee. He explores this topic through the Leo Kahn Revocable Trust case in Massachusetts. In this case, the settlor named three...more
In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following:...more
In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following:
In...more
In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following:...more
In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following: -
In re...more
Kroll v. New York State Dept. of Health, 39 N.Y.S.3d 183 (Oct. 5, 2016); see also In re Kroll, 971 N.Y.S.2d 863, 865 (Sur. Ct. 2013) -
Court approves “decanting” of a trust to effectively remove a beneficiary’s future...more
In re Estate of House, 2014 Wash. App. LEXIS 3006 (Wash. Ct. App. 2014) -
A release waiving any and all claims that the parties may have or may acquire, bars recovery for unknown claims existing at the time the release...more
8/1/2015
/ Asset Management ,
Attorney's Fees ,
Beneficiaries ,
Conflicts of Interest ,
Creditors ,
Estate Planning ,
Estate Tax ,
Family Businesses ,
Fiduciary Duty ,
Income Taxes ,
LLPs ,
Notice Requirements ,
Partnership Agreements ,
Personal Liability ,
Pour-over Will ,
Probate ,
Ratification ,
Revocable Trusts ,
Settlement Agreements ,
Shareholder Distributions ,
Shareholders' Agreements ,
Statute of Limitations ,
Time Extensions ,
Transfer of Interest ,
Trustees ,
Trusts
A number of recent cases highlight particular issues in valuation of assets for purposes of the estate and gift tax. On July 6, 2015, the Internal Revenue Service settled Estate of Davidson v. Commissioner, T.C. Docket No....more
7/16/2015
/ Appraisal ,
Audits ,
Controlling Stockholders ,
Estate Tax ,
Generation-Skipping Transfer ,
Gift Tax ,
Grantor Trusts ,
Mergers ,
Partnerships ,
Tax Court ,
Tax Litigation ,
Valuation
The United States Supreme Court issued its opinion in Obergefell v. Hodges, 576 U.S. ___ (2015) on June 26, 2015. In a 5-4 decision, the Supreme Court held that the Fourteenth Amendment requires a State to license a marriage...more
7/9/2015
/ Community Property ,
Divorce ,
DOMA ,
Equal Protection ,
Estate Planning ,
Estate Tax ,
Fifth Amendment ,
Fourteenth Amendment ,
Income Taxes ,
Marital Assets ,
Obergefell v. Hodges ,
Proposition 8 ,
Same-Sex Marriage ,
SCOTUS ,
Surviving Spouse ,
Tax Deductions ,
US v Windsor ,
Wills