Fiduciary and personal interests occasionally conflict in the investment or management of trust property. Transactions which are “affected by a conflict” are generally voidable by an affected beneficiary.
In order to review Beyer and Dacus’ article that advises estate planners on how to advise cannabis users and growers, I had to first stoke up a joint, to get in the proper mood. Actually, I didn’t. The article advises that if I did use marijuana, dire consequences could occur, “emotional disturbances, the total inability to direct thoughts, the loss of all power to resist physical emotions,” and a few other bad things, like temporary memory loss.
Illinois Institute for Continuing Learning Education
An overview of the rights of the spouse of a participant in a qualified retirement plan, the obligations of the qualified retirement plan with respect to the spouse, and the treatment of domestic partners with respect to retirement plan benefits under current law.
As estate planners, we often focus on our role as strategists, planners that set up a workable estate plan. Examples include establishing a family limited partnership to achieve estate tax discounts, or creation of one or more trusts for estate tax reduction, or establishment of a trust for creditor or spousal protection.
In one of its most important valuation decisions since the 1981 valuation opinion in MF Bright Est., the Fifth Circuit in J.A. Elkins Est., addressed the issue of whether a partial interest in artwork is entitled to a discount, and at what level.
There are numerous elections that fiduciaries can make on estate and trust federal income tax returns to help maximize tax efficiency for the entity and its beneficiaries. One such election is the Section 643(e)(3) election, which permits a fiduciary to treat the distribution of in-kind property as having been sold by the entity to the beneficiaries at fair market value (FMV), thereby triggering potential gain, among other consequences.