ESTATE & SUCCESSION PLANNING CORNER
Tax & Accounting US, CCH Research & Learning Wolters Kluwer

Creating Creditor Protection Trusts Must Extend Beyond the Spendthrift Provision

In discussing the creditor protection of trusts, practitioners almost always focus first on whether the trust has a spendthrift provision and the protections afforded by the spendthrift provision. In our opinion, this is much like focusing on whether your car has a “Police Up Ahead Alerter” when in fact your car cannot go greater than 30 mph. 

October 13, 2017
25 Elder Law Journal (forthcoming 2018)
Trusts & Estates

Special Report: Review Of Reviews

Sympathetic to the claims that so-called warehousing is
generally bad. Another common concern is that because
DAFs are generally pass-throughs to other charities,
various sorts of donor abuses can occur and are more
likely than when charitable contributions go directly to
“real” charities. Such abuses range from sophisticated
estate-planning transactions down to donors running
contributions to athletic departments for tickets through
a DAF to obtain a 100 percent charitable deduction
rather than the allowed 80 percent deduction.

October 13, 2017
Estate Planning Course Materials Journal
American Law Institute CLE

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.

June 1, 2017
Trusts and Estates

Today, the estate planner needs to master two new protocols that didn’t exist three decades ago, when I started my law practice.

July 25, 2016
Journal of Passthrough Entities
CCH Research and Learning

The American Taxpayer Relief Act of 2012 (the “2012 Act”), a relatively quiet tax bill with few changes, has had major impacts on our practice as
estate planners.

July 20, 2016
Trusts and Estates Magazine

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. 

June 30, 2016
Trusts and Estates Magazine

The 2013 Tax Act, subtlety emerging into our estate planning life much the same way the IPhone has subtlety reduced our available free time, has had major impacts on our practice as estate planners.

June 1, 2016
Estate Planning for Retirement Benefits
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.

September 10, 2015
Journal of Passthrough Entities

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.

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