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Spouses Estate Planning Estate Tax

Lathrop GPM

Qualified Spousal Trust: Unique Creditor Protection for Married Couples in Missouri

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Following changes to the federal estate tax law in 2010 – which eliminated the need for separate trusts for married couples to use both spouses’ federal estate tax exemptions – Missouri enacted a new law in 2011 authorizing...more

Fox Rothschild LLP

When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights

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Too often, litigants (and sometimes attorneys) treat prenuptial agreements as documents that either don’t have to be followed and/or should be attacked as a matter of course to try to get the party who entitlements are...more

Lasher Holzapfel Sperry & Ebberson PLLC

What You Need to Know About Washington’s New Estate Tax Break for Family Homes

Washington state recently enacted some changes that may impact married couples and registered domestic partners. Under the new Spousal Personal Residence Exclusion, when a spouse/partner passes away on or after January 1,...more

Katten Muchin Rosenman LLP

2024 Year-End Estate Planning: Illinois Updates

The following is a summary of some of the key legislative and judicial updates from Illinois in 2024. Control and Protection of Trust Property - On August 9, 2024, Senate Bill 3343 (SB 3343) was signed into law, which...more

Brooks Pierce

Changing Laws Present Unique Estate Planning Opportunities for Married Couples

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Today’s federal estate and gift tax laws may be remembered as the most generous to wealthy families since the Great Depression. The 2017 Tax Cuts and Jobs Act (TCJA) doubled the federal estate, gift, and generation skipping...more

Fox Rothschild LLP

Terms of Estrangement: Should Your Estate Documents Be “Saying More.”

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Beginning in 2020 a new topic entered the estate planning world based on studies done at Cornell University. Cornell started what they call a “Family Reconciliation Project” and in 2021 they published data indicating that in...more

Rivkin Radler LLP

Transferee Liability for Estate Tax: The Downside of Being a Beneficiary

Rivkin Radler LLP on

Death of a Parent- In the context of a family-owned business, it is often the case that the matriarch or patriarch of the family is also the chief executive of the business. They may have founded the business, or they may...more

McGuireWoods LLP

Once Removed Episode 12: SLATs and the Case of McKim vs. McKim

McGuireWoods LLP on

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

McGuireWoods LLP

Once Removed Episode 11: Spousal Lifetime Access Trusts, or SLATs

McGuireWoods LLP on

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

Morgan Lewis

IRS Announces Increased Gift and Estate Tax Exemption Amounts

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The Internal Revenue Service has announced that the annual gift tax exclusion is increasing next year due to inflation. After four years of being at $15,000, the exclusion will be $16,000 per recipient for 2022—the highest...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, November/December 2021

Getting remarried? Understand your spouse’s inheritance rights - If you’re getting remarried, you may have very different expectations than you did when you married the first time, especially when it comes to estate...more

Davis Wright Tremaine LLP

Considerations When Leaving a Family-Owned Business Interest to a Non-U.S.-Citizen Spouse

Family-owned business owners in Washington State should be aware that leaving family-owned business interests outright to a surviving non-U.S.-citizen spouse can result in Washington estate taxes due at the first spouse's...more

Katten Muchin Rosenman LLP

2019 Year-End Private Wealth Advisory

In 2019, the Tax Cuts and Jobs Act (the Act) and its resulting tax reform continued to dominate the planning landscape. As outlined in our 2018 Year-End Estate Planning Advisory, the Act made significant changes to individual...more

Ward and Smith, P.A.

Top 10 Estate Planning Mistakes & How to Avoid Making Them

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As estate planners, we have seen it all over the years. What we have learned is that people make some common mistakes. Whether due to procrastination, lack of follow through, or ignoring their own mortality! This article...more

Ruder Ware

Is My IRA Safe From the Nursing Home?

Ruder Ware on

After working and saving, clients are concerned that unexpected costs will become unplanned for drains on their Retirement Accounts (e.g, 401(k), IRA, Roth IRA, 403(b), etc.). As the need to pay for nursing home care nears,...more

Dickinson Wright

Strategy for Spouses to Minimize Potential Capital Gains Tax

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With the current estate tax exemption of $11.4 Million per individual, combined with the portability of estate tax exemption between spouses, most married couples no longer need to establish individual revocable trusts solely...more

Verrill

2018 Year-End Estate Planning Update

Verrill on

Federal Transfer Taxes - The Internal Revenue Service has announced the annual inflation adjustments for the 2019 tax year... Federal unified gift and estate tax exclusion increasing to $11,400,000: As of January 1,...more

Bowditch & Dewey

Estate Planning for a Non-U.S. Citizen Spouse

Bowditch & Dewey on

There are special estate tax planning considerations when a non-U.S. citizen spouse is part of the picture. To be clear, a non-U.S. citizen spouse may be living in the U.S. and even hold a green card, but he or she does not...more

Ruder Ware

Using Prenuptial Agreements to Protect the Family Farm

Ruder Ware on

The family farm is a special asset. The family may have worked hard through decades, maybe even generations, to accumulate and develop the farm’s land, equipment and livestock. The children may be grown and successors to...more

Ward and Smith, P.A.

QDOT-ting I's and Crossing T's: Estate Tax Planning for Non-United States Citizen Spouses

Ward and Smith, P.A. on

Individual and corporate citizens from countries around the world have moved to North Carolina and contributed materially to our state's economic, educational, and cultural growth. Foreign direct investment ("FDI") in North...more

Coblentz Patch Duffy & Bass

Proposed Treasury Regulations To Affect Family Wealth Transfers

On August 2, 2016 the U.S. Treasury Department issued proposed regulations addressing transfers between family members of interests in family-controlled entities (e.g., corporations, partnerships and LLCs). If enacted, these...more

Butler Snow LLP

Planning for the $5-$10 Million Couple: Portability or Credit Shelter?

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In 2009, each individual had a $3.5 million estate tax exemption. If a married individual had assets over $3.5 million, without careful planning, those assets in excess of $3.5 million would fall subject to a 45% estate tax....more

Adler Pollock & Sheehan P.C.

Premarital planning - Protecting your assets without a prenup

Protecting family assets in the event of a divorce is particularly significant for family business owners, who typically want to avoid sharing ownership with their ex-spouses or their children’s ex-spouses. A prenuptial...more

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