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The 2017 Tax Cuts and Jobs Act (the Act) dramatically changed trust planning. But many of those provisions sunset, and it’s possible that a new administration may yet again change the rules. It’s obvious to estate planners that trusts should incorporate more flexibility to deal with tax uncertainty. For example, flexibility in changing the income tax status of a trust might be important. However, while tax-focused planning is seductive to tax practitioners, there’s so much more to consider with respect to designing trusts that can adapt to change.
If you were creating a trust 100 years ago, what would have been on your mind? World War I had just ended. Automobiles were becoming more common. There were no commercial airplanes. Babe Ruth w...
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About the Authors
Partner, Harrison LLP
A frequent speaker and writer on tax and estate planning, Louis S. Harrison has spoken before numerous groups nationwide. He has authored more than 100 published articles on a broad range of tax and estate-planning subjects in legal, accounting, tax and estate journals and periodicals, and is co-author of the books, "Sorting Out Life's Complexities: What You Really Need to Know About Taxes, Wills, Trusts, Powers of Attorneys and Health Care Decisions" and "Illinois Estate Planning Forms and Commentary."
Louis S. Harrison is the Illinois State Chair of the American College of Trusts and Estate Counsel and has been an adjunct professor at Northwestern University School of Law, DePaul University College of Law and Chicago-Kent College of Law.
As a member of the Chicago Bar Association, Lou has chaired the Estate and Gift Tax Committee and served on the Trust Law Committee and Probate Practice Committee.
Before joining Harrison & Held, LLP, Lou was the partner in charge of the Lord, Bissell & Brook Wealth Preservation Group.
Partner, Gresham Partners LLC
http://www.greshampartners.com/team-member/kim-kamin/
Kim Kamin is a partner at Gresham Partners LLC where she serves as Chief Wealth Strategist. In that role, she leads Gresham’s development and implementation of services relating to wealth transfer planning, trust and estate administration, philanthropy and RisingGen engagement and education. Previously she was a partner at a large law firm where for many years her legal practice involved all aspects of estate, trust and charitable planning, administration, and dispute resolution.
In addition, she is an adjunct professor at the Northwestern University Pritzker School of Law and is on faculty as a lecturer for the University of Chicago Booth School of Business Executive Education.
Ms. Kamin is on the Editorial Advisory Board of Trusts and Estates Magazine on the UHNW and Family Office committee. She is also Estate Planning and Legal Services Domain Chair for the UHNW Institute, is a frequent lecturer nationally, and publishes on a broad array of topics.
She received her B.A., with distinction and departmental honors, from Stanford University and her J.D. from the University of Chicago Law School. She is an AEP® (Distinguished) and a 21/64 Certified Advisor.
Martin M. Shenkman, CPA, MBA, PFS, AEP (distinguished), JD, is an attorney in private practice in Fort Lee, New Jersey and New York City. His practice concentrates on estate and tax planning, planning for closely held businesses, estate administration.
A widely quoted expert on tax matters, Mr. Shenkman is a regular source for numerous financial and business publications, including The Wall Street Journal, Fortune, Money, The New York Times, and others. He has appeared as a tax expert on numerous public and cable television shows including The Today Show, CNN, NBC Evening News, CNBC, MSNBC, CNN-FN, and others. He is a frequent guest on radio talk shows throughout the country and has a regular weekly radio show on Money Matters Financial Network.
Mr. Shenkman is a prolific author, having published 42 books and more than 1,000 articles.
Mr. Shenkman is an editorial board member of CCH (Wolter’s Kluwer) Co-Chair of Professional Advisory Board, CPA Journal, and the Matrimonial Strategist. He has previously served on the editorial board of many other tax, estate and real estate publications.
Mr. Shenkman has received numerous awards, including: The 1994 Probate and Property Excellence in Writing Award; The Alfred C. Clapp Award presented in 2007 by the New Jersey Bar Association and the Institute for Continuing Legal Education for excellence in continuing legal education; Worth Magazine’s Top 100 Attorneys (2008); CPA Magazine Top 50 IRS Tax Practitioners (April/May 2008); The “Editors Choice Award” in 2008 from Practical Estate Planning Magazine for his article “Estate Planning for Clients with Parkinson’s;” The 2008 “The Best Articles Published by the ABA” award for his article “Integrating Religious Considerations into Estate and Real Estate Planning;” New Jersey Super Lawyers, (2010-16); 2012 recipient of the AICPA Sidney Kess Award for Excellence in Continuing Education for CPAs; 2013 Accredited Estate Planners (Distinguished) award from the National Association of Estate Planning Counsels; Financial Planning Magazine 2012 Pro-Bono Financial Planner of the Year for efforts on behalf of those living with chronic illness and disability;
Mr. Shenkman's book, Estate Planning for People with a Chronic Condition or Disability, was nominated for the 2009 Foreword Magazine Book of the Year Award. He was named the lead of Investment Adviser Magazine's “all-star lineup of tax experts” on its April 2013 cover. On June 2015, he delivered the Hess Memorial Lecture for the New York City Bar Association.
Mr. Shenkman is active in many charitable and community causes and organizations. He founded ChronicIllnessPlanning.org which educates professional advisers on planning for clients with chronic illness and disability and which has been the subject of more than a score of articles. He has written books for the Michael J. Fox Foundation for Parkinson’s Research, the National Multiple Sclerosis Society and the COPD Foundation. He has also presented more than 60 lectures around the country on this topic for professional organizations, charities and others. More than 50 of the articles he has published have addressed planning for those facing the challenges of chronic illness and disability. Additionally, he is a member of the American Brain Foundation Board, Strategic Planning Committee, and Investment Committee.
Mr. Shenkman received his Bachelor of Science degree from Wharton School, with a concentration in accounting and economics. He received a Masters degree in Business Administration from the University of Michigan, with a concentration in tax and finance. He received his law degree from Fordham University School of Law, and is admitted to the bar in New York, New Jersey and Washington, D.C. He is a Certified Public Accountant in New Jersey, Michigan and New York. He is a registered Investment Adviser in New York and New Jersey.
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