Estate Tax Alert: Tax Bill Opens Door to New Options

Attorneys Jason Smolen and Daniel Ruttenberg

President Trump just signed the GOP tax bill this morning, which Congress passed on Dec. 20. Officially numbered H.R. 1, and awkwardly dubbed “An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018,” the legislation includes some good news for high-net-worth families seeking to protect and pass along more of their assets tax-free. Read more »

A dynasty trust keeps on giving long into the future

Three generations of a family that would benefit from a dynasty trust.

With a properly executed estate plan, your wealth can be enjoyed by your children and even their children. But did you know that by using a dynasty trust you can extend the estate tax benefits for several generations, and perhaps indefinitely? A dynasty trust can protect your wealth from gift, estate and generation-skipping transfer (GST) taxes and help you leave a lasting legacy. Read more »

Asset Valuations and Your Estate Plan Go Hand in Hand

An elderly couple walks hand-in-hand down a wooded path.

If your estate plan calls for making noncash gifts in trust or outright to beneficiaries, you need to know the values of those gifts and disclose them to the IRS on a gift tax return. For substantial gifts of noncash assets other than marketable securities, it’s a good idea to have a qualified appraiser value the gifts at the time of the transfer. Read more »

What is a charitable lead trust?

A heart made of string sits on a table with the words Charitable Lead Trust next to it.

Families who wish to give to charity while minimizing gift and estate taxes should consider a charitable lead trust (CLT). These trusts are most effective in a low-interest-rate environment, so conditions for taking advantage of a CLT currently are favorable. Although interest rates have crept up in recent years, they remain historically low. Read more »

Videotaping Your Will Signing Can Produce An Undesired Outcome

Three people watch a video of a will signing.

Some people make video recordings of their will signings in an effort to create evidence that they possess the requisite testamentary capacity. For some, this strategy may help stave off a will contest. But in most cases, the risk that the recording will provide ammunition to someone who wishes to challenge the will outweighs the potential benefits. Read more »

Are you familiar with fraudulent transfer laws?

Fraudulent transfer laws

A primary goal of your estate plan is to transfer wealth to your heirs according to your wishes and at the lowest possible tax cost. However, if you have creditors, be aware of fraudulent transfer laws. In a nutshell, if your creditors challenge your gifts, trusts or other strategies as fraudulent transfers, they can quickly undo your estate plan. Read more »

What to know before donating to a charity in your estate plan

Signs that read Accept and Reject.

If your estate plan includes non-cash charitable donations or liquid asset donations with restrictions, you may wish to discuss such planned gifts with the intended recipients before you finalize your plan. This is particularly important for donations that place restrictions on the charity’s use of the gift, as well as donations of real estate or other liquid assets. In contrast, if you are making a simple cash bequest, not contacting the charity might be the better approach. If you are not interested in immediate recognition, not contacting the charity about a gift will keep the charity off your front doorstep until such time as is appropriate to let them know. Read more »

What are the rules for inherited IRAs?

A piggy bank sitting atop cash, symbolizing the savings accumulated in an IRA.

An IRA can be a powerful wealth-building tool, offering tax-deferred growth (tax-free in the case of a Roth IRA), asset protection and other benefits. But if you leave an IRA to your children — or to someone else other than your spouse — these benefits can be lost without careful planning. Read more »

Death and Taxes: Gifting Money Lowers Taxes but Might Raise Anxieties

Attorneys Jason Smolen and Daniel Ruttenberg

There’s a saying that death is hardest on those left behind. This is especially true if those left behind receive an unexpected and hefty estate tax bill. Estate taxes—or “death taxes,” as they’re often called— can be burdensome. Perhaps the most challenging thing about estate taxes is that they’re always changing and we generally don’t know if we’re going to die in a year when estate taxes favor our heirs. Read more »

The Wrong Way to Avoid “Trust Fund Kids” And Other Lessons from Philip Seymour Hoffman’s Will

Jason Smolen, Co-Founding Principal

According to media reports, the late actor Philip Seymour Hoffman didn’t leave any money to his three children directly because he feared they would become “Trust Fund Kids”. While his concerns were understandable—many people worry about giving their children too much money too soon—there are a number of estate planning strategies that he could have used to better provide for his family after his death. Hoffman died in February 2014, leaving an estimated $35 million estate to his long-time companion, Marianne O’ Donnell. Read more »