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Introducing the Power of Appointment Support TrustIntroducing the Power of Appointment Support Trust

Income tax savings are only a fraction of the benefits

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Bryan D. Austin, Patrick E. Beaudryand 1 more

November 19, 2015

26 Min Read
Introducing the Power of Appointment Support Trust

In the world of estate planning, we use lots of acronyms, such as QTIPs, GRATs, GRITs, CRATs, to name a few. We now introduce one more acronym that we think may catch on … it’s the POAST, which stands for the power of appointment support trust.  

 

A New Concept? 

Recent transfer tax1 and income tax legislation, including the American Taxpayer Relief Act of 2012 (ATRA),2 raised the basic exclusion amount (BEA)3 and introduced portability,4 thereby eliminating the federal estate tax for approximately 99.8 percent of decedents.5 Stated differently, 99.8 percent of individuals will waste some or all of their applicable exclusion amounts (AEAs)6 and their generation-skipping transfer (GST) tax exemptions.7 

The POAST uses time-tested concepts th...

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About the Authors

Bryan D. Austin

Bryan is a director of Wealth Planning at Abbot Downing, a business of Wells Fargo Bank, N.A., providing multigenerational family wealth planning services for ultra-affluent clients of the firm. Bryan is also the director of Thought Leadership and Communication for the wealth planning group, leading the creation and distribution of materials on topics relevant to Abbot Downing clients. He has published multiple articles on advanced wealth transfer planning, including the recent articles “Gifting in a Changing Tax Landscape,” “Family Foundations: Building the Family Vision,” and “Structuring Transactions to Enhance Financial Results,” available through the abbotdowning.com website.

Bryan earned his undergraduate degree in psychology from Florida International University; his juris doctor from Nova Southeastern University; and his LLM (Tax) from Georgetown University Law Center. He holds the CFP® and CIMA® certifications. Bryan, his wife, Robin, and sons, Zachary and Jevin reside in Littleton, Colorado.

Patrick E. Beaudry

Patrick is a director of Wealth Planning at Abbot Downing, a business of Wells Fargo Bank, N.A., providing multigenerational family wealth planning services for ultra-affluent clients of the firm. Patrick has published multiple articles on advanced wealth transfer planning, including the recent “Portability of the Unused Spousal Exclusion,” available through the abbotdowning.com website. He is a Certified Public Accountant (Licensed in North Carolina and Florida) and holds the Personal Financial Specialist (PFS) designation from the American Institute of Certified Public Accountants.

Patrick holds the CFP® certification and is a CFA Charterholder. He earned his undergraduate degree in Accounting and Finance from the Florida State University and his Master of Business Administration from Wake Forest University’s Babcock Graduate School of Management. Patrick, his wife, Margaret, and twin children reside in Winston-Salem, North Carolina.

Lester B. Law

Member, Franklin Karibjanian & Law PLLC

Lester B. Law focuses on estate and trust planning, business succession planning, estate and trust administration, beneficiary and fiduciary administration and income tax matters. Lester spent the early part of his career practicing law as a trusts and estates attorney. He then switched to an advisory role working predominately with ultra-high net worth clients in two national trust companies. He has worked with many entrepreneurs and their families advising them on business succession planning, including dealing not only with the transactional and tax matters, but also with family dynamics and other related issues. With that experience, combined with his background as a certified public accountant, he brings his unique experience in understanding both the income tax, transfer tax and the family dynamic side of planning.

Lester is a Fellow of the American College of Trusts and Estates Counsel (ACTEC), and serves on the Fiduciary Income Tax and Transfer Tax Study committees.  He is also an active member of the American Bar Association’s Real Property Trusts and Estate (ABA RPTE) Section, serving as co-chair of the ABA RPTE’s Income and Transfer Tax Planning Group, as well as being a member of other committees. An active member of and board certified in Wills Trusts and Estates law by the Florida Bar, Lester has held many leadership roles at the Florida Bar’s Real Property Probate and Trust Law Section, including chairing committees, being an editor of the Tax Notes for the Florida Bar Journal and currently co-chairing a subcommittee exploring the utility of Community Property Trusts in Florida.   

Lester is a nationally recognized speaker and author.  Recent presentations and venues include, University of Miami Heckerling Institute on Estate Planning, the Notre Dame Tax & Estate Planning Institute, ABA-RPTE meetings, Washington School of Law – Annual Estate Planning Council, Portland Estate Planning Council, Ave Maria School of Law Estate Planning Symposia, and Florida Attorney / Trust Officer Liaison Conference. He has lectured for the past decade at the Florida Banker’s Trust School, was an adjunct professor at the Ave Maria School of Law, and will also serve as an adjunct professor at the University of Miami School of Law, Graduate Estate Planning Program. 

Lester’s writings have been published in many national journals and publications, including Trusts & Estates, The Florida Bar Journal, Probate and Property, Bloomberg/BNA Estates, Gifts & Trusts Journal, Estate Planning, and Steve Leimberg’s – LISI’s Newsletters. He has been quoted in the Wall Street Journal, Bloomberg/BNA, and other national media. Lester is also a co-author of a book on estate planning titled, Tools and Techniques of Trust Planning. Lester is rated AV® Preeminent™ by Martindale Hubbell. Prior to joining Franklin Karibjanian & Law, Lester was a managing director at US Trust and Abbot Downing (Wells Fargo’s ultra-high net worth boutique) focusing on planning for the ultra-high net worth clients for a dozen years. He also practiced law for more than a dozen years in Florida. Prior to law school, Lester was a CPA in Florida with PriceWaterhouseCoopers (formerly Price Waterhouse) for several years.

Lester earned his undergraduate degree in accounting (honors) from Florida International University; his masters of science in taxation from the University of Miami; his juris doctor from The University of North Carolina at Chapel Hill; and his LLM (Tax) from the University of Florida (graduating at the top of his class). He is admitted to the Florida bar and is pending admission in the District of Columbia.