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While one might dismiss these proposals as mere electioneering by Sanders, this proposal might be a glimpse as to what could occur if the Democrats control both congress and the presidency. Why should practitioners care? While there may currently be…

This newsletter will provide an overview of different approaches to signing documents that various practitioners considered or used during the COVID-19 environment. In addition, a discussion of some of the general concepts of state law requirements for the valid execution…

There have been several techniques that have been discussed for practitioners to consider employing when planning for uncertainty in changes to tax laws, such as including a disclaimer in trust documents using formula clauses in assignment and transfer documentation, etc….

Smaldino, a recent Tax Court decision, provides several important lessons for practitioners to consider about how to approach structuring and implementing estate plans for certain clients, especially for clients that practitioners did planning for during the rush throughout 2020 and 2021,…

The suggestion of this article is that the client’s estate planner prepare, and maintain, a trust closing binder, analogous to closing binders commonly prepared in real estate and corporate transactions. However, unlike the real estate and corporate closing binder, this…

Who a client names as their beneficiaries is fundamental to carrying out their dispositive wishes. How their estate planning instruments define, or in the absence of a definition, the state default rule, terms such as ‘child,’ ‘‘descendant,’ and ‘issue,’ is…

There is no way to determine which, if any, of the Biden proposals will be enacted, and if so, when. It is clear that the Democrats have been proposing similar harsh tax changes for a long time, and at some…

Under the Corporate Transparency Act, certain information about the Beneficial Owners of certain ‘small’ entities must be provided to the Financial Crimes Enforcement Network of the US Treasury Department. When a trust is an equity owner of a reporting company,…