ARTICLES
- Recent Articles
- Asset Protection Planning Issues
- Charitable Planning Issues
- Estate Planning: Advanced Topics - QPRTs, FLPs, GRATs, Dynasty Trusts and more
- Estate Planning: In General
- Family Law Issues: Estate Planning in Divorce and Nuptial Agreement
- Florida Law Issues: Homestead, Change of Domicile and more
- IRA Planning Issues
- Life Insurance Planning Issues
- "Modern"/"Non-Traditional" Estate Planning Issues: Multiple Marriages, Same-Sex Couples and more
- Tax Rulings and Developments
Recent Articles
January 2012
Taking a Closer Look at Our Living Will FormsTop Ten Planning Opportunities for the 5 Million Gift Tax Exemption
November 2011
Capato Vs. Commsioner of Social Security. 3rd Circuit Allows Social Security Benefits to Posthumously Conceived TwinsTop 10 Planning Ideas to Consider Before December 31, 2010
May 2011
3rd DCA Withdraws Habeeb Opinion, What Now?Habeeb v. Linder Florida's 3rd DCA Throws Homestead Jurisprudence for a Loop: Can Signing a Deed Constitute a Homestead Waiver?
January 2011
New Florida Homestead Laws Add Flexibility in Estate Planning
Recent revisions in the Florida homestead rules create new planning opportunities for credit shelter trusts, dynastic trusts, and those with special-needs beneficiaries.
December 2010
New Tax Relief Act Includes Major changes to Estate PlanningOn December 17 the President signed the “The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010” (“The Tax Relief Act”). Importantly, the Tax Relief Act adopts a $5 million Gift, Estate and Generation-Skipping Transfer Tax exemption and applies a 35% tax rate on taxable transfers. It also extends many favorable income tax provisions, including the charitable rollover for IRA distributions. However, the Tax Relief Act only lasts two years; therefore, further changes may be coming.
October 2010
Second Circuit Boosts Residence Tenancy-in-Common GiftsGifting fractional, tenant-in-common interests in real property creates valuable estate planning opportunities (including valuation discounts); however, continued occupancy of the residence and other complications post-transfer make this planning complex. For most clients, creating a concise tenants-in-common agreement is an important consideration. The article explores a recent 2nd Circuit decision vacating a Tax Court decision which included the entire property in the transferor's estate, and offers an example tenants-in-common agreement.
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.