Choosing a Trustee: Navigating the Complexities and Key Considerations
Once Removed Episode 22: Building Flexibility into the Estate Plan
A Primer On Trusts - A Podcast with Janathan Allen
INTRODUCING MALTA SPLIT DOLLAR
What is an Irrevocable Trust?
Irrevocable trusts have long been a valuable arrow in the quiver of the high-net-worth estate planner. An irrevocable trust can provide tax advantages by minimizing estate taxes and preserving wealth for future generations....more
In this episode of Legacy Lessons, Shawn R. McClelland, Partner in our Tax, Trusts, and Estates Practice Group, walks us through one of the most common estate planning questions families face: Should I create a will, or do I...more
As the population grows older, the costs associated with long-term care (LTC) present a significant and growing threat to the stability of agricultural operations. Without proper planning, farmland and other critical assets...more
The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more
Qualified Small Business Stock (QSBS) offers business owners significant federal tax benefits of exclusion of up to $10 million or ten times the stock’s basis in capital gains, whichever is greater. The stock must be held for...more
The 2017 Tax Cuts and Jobs Act (the “TCJA”) brought significant changes to the federal estate and gift tax laws, marking a pivotal shift in the landscape of estate planning and wealth transfer. Enacted on December 22, 2017,...more
The lifetime estate tax exemption amount is as high as ever. The estate tax exemption amount rose from $1,000,000 in 2002 to $5,000,000 in 2011. Then, Congress doubled the amount of the estate tax exemption in 2018. As of...more
Estate planning is one of the most important conversations you’ll ever have with your parents. Discussing wills, trusts, and end-of-life wishes can feel uncomfortable, but having a clear plan in place can save your family...more
Sometimes, the terms of an irrevocable trust (one that cannot be amended or revoked) were appropriate at the time the trust was created, but subsequent events or circumstances make the terms of the old trust impractical,...more
The Massey Family’s $10M Settlement: A Win, But What’s Next? Sonya Massey’s tragic death was yet another painful reminder of the deep racial injustices that persist in America. On July 6, 2024, Sonya, a 36-year-old Black...more
When minor children are addressed in an estate plan, special considerations are involved to ensure their well-being and financial security. Parents ought to make decisions about who they would prefer to serve as the guardian...more
You likely have created revocable or irrevocable trusts, or a few of both, in your estate plan. Ideally, these have been properly drafted with plenty of flexibility so that they can continue to meet your wealth planning goals...more
As we enter 2025, it’s important to stay informed about the current federal estate and gift tax laws, including annual exclusion limits and significant changes anticipated by the end of this year. Annual Exclusion Amount- ...more
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
How was your Thanksgiving? I hope you celebrated the holiday in a pleasant setting with folks whose company you enjoyed, and with plenty of good food. I hope you participated in some interesting conversations or joined in...more
In an external contract-based or tort-based dispute between the trustee and a third party to the trust relationship, the beneficiaries are generally not necessary parties. But all beneficiaries (of an irrev. trust) whose...more
When crafting an individual estate plan, you should consider whether a Revocable Trust is right for you. Below is an analysis of an artificial fact pattern and the estate plan I would recommend based on that fact pattern....more
Irrevocable trusts can be effective for estate planning, but they can also create problems. This blog post will draw lessons from the case of Rupert Murdoch, the billionaire owner of Fox News and News Corporation, who is...more
It is important to update your trust and estate plan regularly to protect your interests and meet the changing requirements of your future while integrating changes in law and best practices to provide for every potential...more
In Crossley v. Crossley, a plaintiff, who was the beneficiary of, or had the power to designate the beneficiary, in two trusts established by his mother, and he filed suit requesting that the court determine whether he or his...more
Dear Jonathan: My mother, who recently passed away, prepared a trust naming me as her sole beneficiary. She intentionally disinherited my brother due to a falling out they had years ago. Although he knows that he has been...more
Recently, much has been written about Rupert Murdoch’s petition to amend his Nevada irrevocable trust to grant his eldest son, Lachlan, voting control over News Corp and Fox Corporation. While the battle between family...more
The Corporate Transparency Act (CTA) and its reporting requirements has now gone live as of the first of this year and applies to nearly all existing and future entities (corporations, partnership and limited liability...more
If you are in the process of long-term estate planning or updating an existing estate plan, the process for passing assets and accounts to your heirs is about to become much more difficult and expensive. Presently, each...more
On this podcast, we talk about the importance of flexibility in irrevocable trusts and estate planning. Once a trust is irrevocable, we can explore methods to modify that trust to address changed circumstances. But in the...more