TIGTA Determines Improvements Are Needed In Estate And Gift Examination Processes

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Planning ahead after a divorce

If you’ve recently divorced, your time likely has been consumed with meetings with attorneys and in negotiations, even if everything was amicable. Probably the last thing you want to do is review your estate plan. But you owe it to yourself and your children to make the necessary updates to reflect your current situation. Keep […]

Withdrawal of Proposed Tax Regulations Affecting Availability of Valuation Discounts to Family Business Owners

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Proposed Section 2704 Regulations to be Withdrawn

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IRS and Treasury Department Announce Withdrawal of Proposed 2704 Regulations

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New York Special Needs Act Becomes Law

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Ferri v. Powell-Ferri: A trust decanting decision that is less than meets the eye (Part II)

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California Expands Voluntary Disclosure Program for Out-of-State Trusts

On September 25, Governor Brown signed into law Senate Bill No. 813, which updated the California Voluntary Disclosure Program (VDP) to include out-of-state trusts with California beneficiaries and non-resident partners of out-of-state partnerships, and to allow the Franchise Tax Board (FTB) to waive the S Corporation or partnership late-filing penalty for specified returns under the […]

Final Regulations on PRIs Make for Inspirational Reading for Family Foundations

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Avoiding Tax and Legal Missteps: 4 Takeaways

On September 20, Peterson Sullivan and Schwabe, Williamson & Wyatt partnered to host a seminar titled Avoiding Tax and Legal Missteps for the Construction Industry. Below are some of the key takeaways to consider: #1:  Claim Preservation and Accounting Backup—Justifying Quantum When claims arise on construction projects—for scope disputes, changed work, changed ‎conditions, delay or […]

REIT Implications of the New “Big Six” Tax Reform Framework

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When Is a Will Valid in California?

Although much wealth passes today through trusts and beneficiary designations, we occasionally handle California probate disputes that turn on the validity of wills, sometimes involving high value estates. The standard practice in California estate planning is for wills to be typewritten and prepared by attorneys, but those steps are not necessary.  A holographic, i.e., handwritten, […]

Where There’s a Will There’s a Way?

On August 25, 2017, Maryland’s highest court, the Court of Appeals (the “Court”), visited issues arising from the statute providing for the valid execution, particularly attestation, of a Maryland will based on a statute that had remained largely unchanged since 1798. In Sadie M. Castruccio v. The Estate of Peter A. Castruccio et al., No. […]

Tax Law Uncertainty Should Not Delay Farming Business Succession Planning

Tax law uncertainty, should not prevent farming business succession planning as part of overall estate planning. Relevant Tax Law Changes and Overview Federal gift, estate and generation-skipping transfer taxes may apply to farmers and others.  (California has no such transfer taxes.) There is one unified exemption for gift and estate taxes, and an identical one […]

Three Critical Legal Documents Every Parent of a College Student Should Get in Place As Soon As Possible

As a soon-to-be college freshman many years ago, I was preoccupied with selecting roommates, finding bacteria-resistant shower shoes, and dreaming about the incredible freedom my 18-year-old adult self would have. Of course, it never occurred to me that it would have been prudent to have certain legal documents in place to make sure my parents […]

Court Affirms Judgment For Estate Representative Due To A Statute-Of-Limitations Tolling Statute

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Projected Estate and Gift Tax Exemptions for 2018 – How Much Can You Transfer?

The Consumer Price Index was released by the Labor Department in August 2017. Not everyone anxiously awaits the release of these numbers but the experts have now made estimates of how they will impact estate, gift, and generation-skipping transfer taxes for 2018.  These are not official numbers – the Internal Revenue Service will publish the […]

IRS Issues Proposed Guidance on the Definition of Registered Form

On September 15, 2017, the Internal Revenue Service (IRS) issued proposed regulations (REG-125374-16) amending the definition of obligations that are in registered form to take into account current market practices and changes made by the Hiring Incentives to Restore Employment Act. In addition, the proposed regulations clarify the types of arrangements that qualify as “pass-through […]

Section 7C

Raising the red flag on low interest and interest free loans to trusts Over the years, trusts have consistently proved to be a reliable and attractive vehicle for many, offering flexibility and benefits with regard to estate planning, investments, the protection of assets and tax planning. However, the increased use in trusts has led to […]

[Webinar] Issues and Recent Developments in Art Law – October 5th, 11:00am ET

Issues and Recent Developments in Art Law 10/05/2017 11:00 AM – 10/05/2017 12:00 PM Program HighlightsPlease join Christie’s and the Locke Lord LLP Art Law Group for an overview of the art market and key legal issues. Thursday, October 5, 201711:00 a.m. – 12:00 p.m. (Eastern)Program will begin promptly at 11:00 a.m.. Please register below […]

Durable General Powers of Attorney

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Audit of Predeceased Spouse Permitted for Purposes of DSUE Adjustment for Surviving Spouse’s Estate

A husband died in 2012, and his estate filed a gift tax return to report a deceased spousal unused exclusion (DSUE) and elected portability. The IRS sent a letter to husband’s estate accepting the estate tax return as filed. Portability allows a surviving spouse or the estate of that surviving spouse to use the unused […]

Governor Christie Signs Uniform Fiduciary Access to Digital Assets Act into Law

On September 13, 2017, Governor Chris Christie signed into law New Jersey Assembly Bill A-3433, otherwise known as the Uniform Fiduciary Access to Digital Assets Act (“UFADAA”).  The Act becomes effective ninety days after the Governor’s enactment and applies to those persons who are residents of the State of New Jersey or who resided in […]

Finally, Confirmation that Finality and Protections are Available to Trustees Under the Ohio Trust Code  

Reprinted from Probate Law Journal of Ohio, with permission of Thomson Reuters.  Copyright © 2017 Years after the initial enactment of the Ohio Trust Code and articles published in this journal1 the Tenth District Ohio Court of Appeals in Zook, et al. v. JP Morgan Chase Bank National Association, et al., 10th Dist. No. 15AP-751, 2017-Ohio-838, […]

Chris Lazarini Examines Unconscionability Claims in Arbitration Clause

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Every Day is Bitcoin Pizza Day: What Clients and Estate Planners Need to Know about Virtual Currency

The combined value of all of the 867 crypto currencies tracked by CoinMarketCap.com is presently over $161 billion. Only seven years ago, on what is commemorated as “Bitcoin Pizza Day,” Bitcoin, then a new crypto currency, was worth barely anything….By: Murtha Cullina Source: JD Supra Every Day is Bitcoin Pizza Day: What Clients and […]