Trusts

Harnessing the Pandemic Pandemonium: Focus on Spousal Lifetime Access Trusts

Topics: Estate planning, Trusts

The WRMarketplace is created exclusively for AALU members by experts at Baker Hostetler LLP and the AALU staff, led by Jonathan M. Forster, Partner, Rebecca S. Manicone, Partner, and Carmela T. Montesano, Partner. WR Marketplace #20-07 was written by Jennifer M. Smith, Counsel; Michael P. Vito, Counsel; and Jonathan A. Schwartz, Associate of Baker &...

Watch Your Step: Fiduciary Pitfalls for Trustees of Irrevocable Life Insurance Trusts

Topics: Fiduciary, ILIT, Irrevocable trusts, Trusts

This WRMarketplace was created exclusively for AALU members by experts at Troutman Sanders and the AALU staff. WR Marketplace #19-14 was written by Michael P. Vito, Counsel, and Jennifer M. Smith, Counsel, Baker & Hostetler LLP. The AALU WR Newswire and WR Marketplace are published by the AALU as part of the Essential Wisdom Series,...

Supreme Court – Beneficiary Residency Alone Is Insufficient Basis for State Trust Taxation.

Topics: Estate planning, Grantor trusts, Trusts

The WRMarketplace is created exclusively for AALU members by experts at Baker Hostetler LLP and the AALU staff, led by Jonathan M. Forster, Partner, Rebecca S. Manicone, Partner, and Carmela T. Montesano, Partner. WR Marketplace #19-13 was written by Jonathan A. Schwartz, Associate, and Jennifer M. Smith, Counsel, Baker & Hostetler LLP. The AALU…

Out with the Old, In with the New – Revitalizing or Unwinding Existing ILITs.

Topics: Estate planning, Trusts

The WRMarketplace is created exclusively for AALU members by experts at Baker Hostetler LLP and the AALU staff, led by Jonathan M. Forster, Partner, Rebecca S. Manicone, Partner, and Carmela T. Montesano, Partner. WR Marketplace #19-09 was written by Jennifer M. Smith, Counsel, Baker Hostetler LLP. The AALU WR Newswire and WR Marketplace are published...

Spousal Lifetime Access Trusts (SLATs) and Divorce – What You Don’t Know….

Topics: Estate planning, Spousal Lifetime Access Trusts, Trusts

The SLAT, a lifetime irrevocable trust created for the benefit of the donor’s spouse, arguably allows the donor to indirectly benefit from the trust assets (through distributions to the spouse) should the need arise. A subsequent divorce, however, typically results in the loss of this indirect benefit for the donor, although he or she may…

A Few Select Insights from the 2019 Heckerling Institute on Estate Planning.

Topics: Estate planning, Estate tax, GST, Nongrantor trusts, Trusts

The WRMarketplace is created exclusively for AALU members by experts at Baker Hostetler LLP and the AALU staff, led by Jonathan M. Forster, Partner, Rebecca S. Manicone, Partner, and Carmela T. Montesano, Partner. WR Marketplace #19-05 was written by Jennifer M. Smith, Counsel, Baker Hostetler LLP. The AALU WR Newswire and WR Marketplace are published…

Protecting Your Charitable Deduction – The IRS Issues Final Guidance.

Topics: Charitable giving, Estate planning, Trusts

To support and encourage charitable giving, the Internal Revenue Code (“Code”) provides an income tax deduction for contributions to qualified charities. After the Tax Cuts and Jobs Act of 2017 (“Tax Act”), this is one of the only substantial deductions left to wealthier taxpayers. However, the substantiation rules for claiming this income tax deduction are…

Outlook Not So Good:  Tax Court Speaks to Possible Estate Tax Treatment of Generational Split Dollar (GSD).

Topics: Estate planning, Irrevocable trusts, Split-dollar, Trusts

For the first time, two very recent Tax Court opinions (Est. of Cahill v. Commissioner and Est. of Morrissette v. Commissioner) have discussed the court’s view of the estate taxation of economic benefit GSDs. These arrangements generally involve a parent who enters into a private split-dollar agreement with a life insurance trust agreeing to pay…

Flipping the Script: Nongrantor Trusts with Grantor Trust Benefits – Can It Be Done?

Topics: Estate planning, Grantor trusts, Non-grantor trusts, Trusts

Grantor trusts, which tax the trust’s income to the trust creator (“donor”), have long been a planning mainstay, as they can enhance growth in the trust and offer significant flexibility in transactional planning with the donor. As discussed in WRMarketplace No. 18-03, however, new limits on tax deductions, including for state and local taxes, may…