News & Analysis as of

Fiduciary Duty Tax Planning

Saul Ewing LLP

What is the “Probate” Process? How Does It Work? Why Do People Want to Avoid It?

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Probate is the legal process of administering a Decedent’s Last Will & Testament (“Will”), whereby assets owned by the Decedent at death are distributed pursuant to the terms of their Will, or if there is no Will, according...more

DarrowEverett LLP

Keeping It in the Family (Trust): Additional Considerations for Contributing S Corp Shares

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A large part of business sucession planning is structuring the transfer of business ownership. While outright transfers can be less complex, transferring ownership in trust can provide practical benefits that are worth...more

Alston & Bird

Navigating the Complexities of VEBA Asset Reallocation: Comprehensive Tax and ERISA Fiduciary Considerations

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Our Employee Benefits & Executive Compensation Group discusses how employers can use voluntary employees’ beneficiary association (VEBA) asset reallocations while meeting ERISA fiduciary obligations....more

ArentFox Schiff

Unlocking Success: How ESOPs Empower Small Businesses and Employees

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Employee Stock Ownership Plans (ESOPs) are unique employee benefit plans designed to invest primarily in the stock of the sponsoring employer....more

Winstead PC

Presentation: Trust Distributions in Texas

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On May 1, 2025, David F. Johnson presented his paper, “Trust Distributions in Texas,” to the Tarrant County Probate Bar Association. His presentation covered the construction of trusts, various distribution standards...more

Buckingham, Doolittle & Burroughs, LLC

How to Prepare for the $84 Trillion Inheritance Boom

The United States is on the brink of the largest transition of wealth in its history, known as the “Great Wealth Transfer.” By 2045, an estimated $84 trillion in assets will be transferred from baby-boomers to their heirs. In...more

Walkers

Intergenerational wealth transfer planning part 1: By failing to prepare you are preparing to fail

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As widely reported, the coming years will likely see a significant transfer of assets and wealth across generations. Each family's circumstances will ultimately determine the nature and extent of these transfers, and any...more

Proskauer - Employee Benefits & Executive...

Eleventh Circuit Confirms Foreign Tax Credits Owned by Insurance Company Not “Plan Assets” of 401(k) Plan Under ERISA

In late October 2024, the United States Court of Appeals for the Eleventh Circuit ruled in Romano v. Hancock Life Insurance Company, F.4th 729 (11th Cir. 2024) that certain foreign tax credits that were generated as a result...more

Pullman & Comley, LLC

Decanting Isn’t Just for Wine Anymore – The Connecticut Uniform Trust Decanting Act

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Not all trusts age like fine wine. Family situations change, tax laws are updated, and an irrevocable trust created years ago may no longer be ideal for today’s circumstances. ...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, January/February 2025

Managing your residuary estate - Even with a comprehensive estate plan, it’s likely you’ll have some assets in a residuary estate. Like the sediment at the bottom of your glass after you finish a fine wine, an estate plan...more

Katten Muchin Rosenman LLP

2024 Year-End Estate Planning: Florida Updates

Several legislative proposals and new laws have been introduced in Florida affecting Private Wealth. A brief summary of the 2024 changes follows....more

Winstead PC

When One Is Not Enough: Dividing Fiduciary Powers and Dispositions - Presentation

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Winstead Shareholder David F. Johnson participated in a panel presentation entitled “When One Is Not Enough: Dividing Fiduciary Powers and Dispositions” for the State Bar of Texas’s 29th Advanced Estate Planning Strategies on...more

Freeman Law

Tax Court in Brief January 31 – February 4, 2022

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Freeman Law’s “The Tax Court in Brief” covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose....more

Bilzin Sumberg

Florida's Proposed Directed Trust and Community Property Trust Statutes: What You Need to Know

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The Florida legislature is currently in the advanced stages of enacting legislation that will make critical changes to the Florida Trust Code. The legislation (SB 1070/HB 609) would enact the Florida Uniform Directed Trust...more

Groom Law Group, Chartered

SECURE Act and Spending Bills – Impact on Plan Sponsors

The Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”), the largest package of retirement system reforms in over a decade, was enacted on December 20, 2019.  Many of the provisions in the...more

Epstein Becker & Green

What Employers Should Know About the SECURE Act’s Lifetime Income Provisions

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Predictable lifetime income is often of paramount concern to retirees. Yet, as employer-sponsored retirement plans have moved away from the traditional pension plan model, participants in defined contribution plans may be...more

Foodman CPAs & Advisors

What is an Abusive Tax Trust?

In a “legitimate” Trust, the ownership and control of the Trust assets and income is “separate” from a Settlor’s control and benefit. IRS has been reporting that Trusts are used for abusive tax schemes to hide true ownership...more

McDermott Will & Emery

Corporate Law & Governance Update - April 2019

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DIRECTORS AS VENDORS - A new controversy at a large health system highlights the legal and reputational challenges that can arise when directors sell services to the organizations they serve as fiduciaries. According to...more

Foodman CPAs & Advisors

Understanding a Personal Representative

A Personal Representative (PR) is in charge of the property (estate) of an individual who has died (known as the decedent). When a person passes away, their assets become property of their estate....more

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