Publications
Navigating the Transfer of Ownership and Control
Understanding trusts, family limited partnerships and the ‘Tragedy of the Commons’: Transferring Ownership and Control Through Trusts and FLPs, Advantages of Trusts and FLPs.
Forbes Summer 2022 Article Summary
A summary of topics discussed in Forbes over the summer of 2022. Topics include; Cryptocurrency Taxation Changes, Expatriation, Mental Health in Estate Planning, and Trusts in the age of the Inflation Reduction Act.
Climate Change is Code Red for Humanity: Is ESG Investment Code Red for Fiduciaries?
Confusion lies in which ESG factors in investing a fiduciary should consider. Factors that directly benefit a beneficiary of the trust are allowed, but not factors that benefit a third party based on a moral or ethical basis, and only indirectly benefit the trust beneficiaries. The assumption that an ESG investment will always outperform a non-ESG investment alone can’t justify prioritizing ESG factors. More is required when drafting trusts and other documents.
New Reporting Requirements On Cryptocurrency, Nonfungible Tokens And Other Digital Asset Transactions.
The U.S. Senate has passed the “Build America Act of 2021” also known as the bipartisan infrastructure bill, that includes new reporting for cryptocurrency transactions and brokers of cryptocurrency…the Bill means that estate plans including any sort of digital asset in an estate will become more complicated.
The New Biden Green Book: Tax Law Changes And Unintended Consequences
The Coming Storm
Yesterday, May 20, 2021, Senator Bernie Sanders (I-VT) introduced S. 994, the "For the 99.5 Percent Act," to "reinstate estate and generation-skipping taxes, and for other purposes.". This Act amends the Internal Revenue Code by increasing the gift and estate tax rates from 40% to a high of 65% and decreasing over the basic exclusion amount from $10 million, adjusted for inflation to now over $11.7 million, to $3.5 million with no adjustment for inflation .
For The 99.5 Percent Act - What It Is, What It Does And What To Do About It.
On March 25, 2021, Senator Bernie Sanders (I-VT) and Senator Sheldon Whitehouse (D-RI) introduced the “FOR THE 99.5 PERCENT ACT” which will dramatically and historically change estate planning by reducing the federal estate and gift tax credits, increasing estate, gift, and GST tax rates and including assets in certain trusts that are not now includible in estates. The changes would be effective for decedents dying and gifts made on or after December 31, 2021. Planning: This is a “use-it-or-lose-it-now” provision which means that your $11,700,000 exemption can be passed either by dying or by making gifts. Transfers must take place before the effective date of these changes. The following is a summary of the changes
Forbes: Flexibility is Key to Planning for LGBTQ, Blended Families, Cohabitation and Other Nontraditional Families
Some people are concerned that, with the new conservative 6-3 majority on the Supreme Court, that protections for non-traditional families will be rolled back. Regardless of the decisions at the Supreme Court, or the impact on the state family courts, there are many ways that non-traditional families can maintain control. This applies not only to the LBGTQ couples, but also for families where there is gay divorce, blended families and stepchildren, nonmarital cohabitation, single parents by choice, multinational families, children born through assisted reproductive technologies (ART); and transgender, or gender non-binary, or gender fluid individuals.