ARTICLES
- Recent Articles
- Asset Protection Planning Issues
- Estate and Tax Planning: In General
- Estate Tax and Planning: Advance Topics - QPRTs FLPs, GRATs, Dynasty Trusts, and more
- IRA Issues
- Charitable Planning Issues
- Life Insurance Issues
- Family Law Issues: Estate Planning in Divorce and Nuptial Agreementsn
- Florida Law Issues: Homestead, Change of Domicile and more
- Tax Rulings and Developments
- "Modern"/"Non-Traditional" Estate Planning Issues Multiple Marriages, Same-Sex Couples and more
Recent Articles
August 2010
Comparing QPRTs to IDGTsFor clients who own real estate, now is the time to consider tax savings techniques to transfer the property favorably.
Recent Court Decision Highlights a Limit to Asset Protection PlanningAs is illustrated by the Tax Court decision in Rubenstein, taxpayers should not expect state creditor exemptions to stop a “super-creditor” like the IRS, even with respect to transferee liability.
June 2010
Miller v. Kresser: Lessons Learned From a Creditor Attack on a Third-Party Spendthrift TrustA mother's irrevocable, spendthrift trust for her son is protected from the claims of his creditors. This article highlights some of the reasons to favor "trusts for life" in your estate planning, and it also highlights the importance of considering your trustee appointments.
May 2010
SEC v. SOLOW: If the SEC is a "Super-Creditor" Then State Law Exemptions Don't Matter, Right?A South Florida investment advisor was recently imprisoned for "overly aggressive" asset protection planning. It you are facing a claim by an agency of the federal government (the IRS or the SEC, for example) state law exemptions may not protect you.
February 2010
Recent IRS Ruling Adds a New Dimension to QPRT PlanningThe IRS recently ruled that a qualified personal residence trust coupled with a sale of a remainder interest would not give rise to any gift tax. The authors compare this new technique with a traditional QPRT.
November 2009
99-Year Leases Qualify for Florida Homestead ExemptionIn a case handled by Katz Baskies, the Florida 3rd District Court of Appeal and the Florida Supreme Court ruled that a client was entitled to retain his Homestead ad valorem tax benefits as a result of entering into a 99-year lease for a property he had previously transferred to a Qualified Personal Residence Trust (“QPRT”), which lease was effective as of the day before the QPRT’s termination.