Non-Tax Aspects of Business Succession Planning
By
Trust Matters Editor on March
24, 2022
Join us for a CE course for estate planning attorneys and CPAs. Closely-held business equity presents unique challenges for an estate planner. In the vast majority of cases in which a family business is involved, it is by far the predominant asset. Its continued viability is critical to the family’s financial future, and whether the business ...
Read More›
What May be in Store When the IRS Knocks on Your Door
By
Trust Matters Editor on February
25, 2022
Join us for a CE course for estate planning attorneys and CPAs. The federal government has overarching powers to collect tax debts that far surpass the collection mechanisms available to ordinary creditors. Knowing what these powers are and how they may be deployed is important not only when embroiled in an audit or collection proceeding but also ...
Read More›
California Probate Code 15800 - The Duty to Account for Remainder Beneficiaries While a Settlor is Alive but Incompetent
By
Trust Matters Editor on February
2, 2022
Experienced trust and estate practitioners have all faced situations involving an aging settlor with diminished capacity. Many of us have also experienced the scenario where a settlor's capacity is so diminished that they can no longer effectively manage their own trust, and a family member steps in to manage the trust. Maybe the trust gets ...
Read More›
Estate Planning for Volatile Assets
By
Trust Matters Editor on February
2, 2022
Many individuals hold concentrated positions in volatile assets, such as closely held businesses, some publicly traded securities, precious metals, commodities, cryptocurrencies, etc. These individuals frequently ask, “What -- if any – estate planning should I do with these assets?” Often the concern is more precisely stated as, “What if the value ...
Read More›
Best Designs for the Exercise of Discretion by a Trustee
By
Trust Matters Editor on January
31, 2022
Join us for a CE course for estate planning attorneys and CPAs. The heart of trust administration is the Trustee’s thoughtful exercise of discretion. Clients and their estate planners rely heavily on the core concept that Trustees will follow carefully applicable trust law and parameters established in the governing instrument in making subjective ...
Read More›
Estate Planning Uses for Life Insurance
By
Trust Matters Editor on January
7, 2022
Join us for a CE course for estate planning attorneys and CPAs. Life insurance is an enigma, and much misunderstood, in the estate planning world. Some clients (and their advisors) love it; others hate it. In any event, the thoughtful approach to life insurance is that it is neither the solution to be uncritically accepted for all estate planning ...
Read More›
Dealing With a 'Bad' Trustee
By
Trust Matters Editor on November
15, 2021
Unfortunately, some trusts, even where the administrative and dispositive provisions are well-designed, fail to operate as intended because the Trustee lacks the ability to be an effective fiduciary. The Trustee's shortcomings may result from his or her having insufficient trust administration expertise and/or a confrontational attitude towards ...
Read More›