The first bankruptcy case involving an Alaska asset protection trust (APT), In re Mortensen,1 has been decided. This case (we'll refer to it as Mortensen II, as it was the second of three related rulings) revolved around the February 2005...
Over the past several years, a number of state law changes have caused the issue of trust modification/reformation1 to garner more and more attention from the Internal Revenue Service. First, many states and Washington, D.C. have adopted the...
A client's lack of sophistication and guidance regarding trust-owned life insurance (TOLI) can put estate-planning lawyers in the hot seat. Most states have now enacted the Uniform Prudent Investor Act (UPIA), which imposes a higher standard...
With the lifetime gift tax exemption at $5 million and the gift tax rate at 35 percent, now's a perfect time for taxpayers to take advantage of wealth transfer opportunities. But these opportunities aren't endless. Absent intervening legislation...
Corporate executives who amass large amounts of company stock face some unique wealth-transfer challenges and opportunities. Large holdings of a single stock are inherently risky because stock is a volatile asset class that can lose all its value...
Lawyers drafting wills and trusts must regularly contemplate age-old issues such as ademption, advancement and lapse, as well as more recent issues such as who is to be considered a under the new biology of assisted reproduction. At common law, a...
Given the current real estate market, some owners are feeling more charitably inclined than they used to be. The thought crossing their minds is something along the lines of, Well, if I can't sell it, maybe I can donate it and get some benefit...
It looks like 2012 may be another difficult year for not-for-profits' investment portfolios. Volatility threatens to stay up; yields, down. Many private foundations (PFs) and endowments face a potential struggle to make their distribution...
Distance from the crisis and improved asset flows gave a little kick to advisor satisfaction this year, according to Registered Rep's Broker Report Card. But the ratings are mixed.
For 23 years, Andrew Costanzo, of Costanzo Financial Group, focused on preserving principal for his clients using fixed instruments, a strategy that lends itself nicely to the tenets of buy-and-hold. But Costanzo doesn't want to have to tell his ...
