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Apr
Value is in the Eye of The Holder and the IRS Views Things Differently
Just as beauty is in the eye of the holder, it is often said that value is in the eye of the holder since it is a relative term and depends upon the context. In estate planning, the great majority of IRS challenges to wealth transfers focuses on hard to value assets. The New York...
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Apr
The Tax Benefits of Educational Trusts
Use of standalone Educational Trusts – those created specifically for the educational (and sometimes medical) expenses of children and grandchildren – is far less common since the ready availability of 529 Plans. 529 Plans have contribution limitations (varying by state) that are...
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Apr
Estate Planning in the Face of Divorce
No doubt the commencement of a divorce is unsettling, chaotic, and emotionally draining. But that said, divorces happen in stages. Separation precedes the divorce, and there is often even a period before separation where the inevitable becomes apparent and you’ve made a decision...
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Apr
Will Caveats vs. Full Scale Lawsuits
In the recent case of Finks v. Middleton (N. C. App. 2016), we saw the court wrestle with an issue that has become all too common. This case arose from a bitter sibling dispute between a brother and sister. Mother had executed a will in 2009 passing her assets equally to three chi...
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Apr
Keeping Beneficiaries “Happy” Leads to Punitive Damage Award
In April 2017, I was made aware of a case arising out of Mississippi where a corporate trustee was the trustee of a trust left for the benefit of a widow. The case discussed at length how far the trustee went to conceal from the trust beneficiary the fact that the trust corpus wa...
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Apr
2017 Brings Big Changes for Captive Insurance Owners: The PATH Act Diversification Tests for Section 831(b) Captive Insurance Companies
In 2015, Congress passed the PATH Act, enacting substantial changes to the law governing captive insurance companies, Internal Revenue Code Section 831(b). This article briefly discusses how those changes affect the use of captives in combination with certain estate planning te...
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Apr
No Wills, Old Wills, Trust Mills and other Estate Planning Ills
In estate planning consultations, I often tell clients that for most people, having no estate plan is better than having a badly drafted or very old one. North Carolina probate law contains default provisions for those who die “intestate,” or without a will (or trust). Those defa...
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Apr
Helping Aging Families Qualify For State Assistance Without Going Broke: A Financial Rock And A Hard Place
As the baby boom generation ages at the same time that health care costs are rising, many middle class elderly individuals and their families face the prospect of paying enormous health care costs. Chief among these is the cost of skilled nursing facilities, which range from $5,0...
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Apr
How a Testamentary Special Needs Trust Made a World of Difference for a Middle Class Family How a Testamentary Special Needs Trust Made a World of Difference for a Middle Class Family, Medicaid Benefits
The specter of Long Term Care costs haunts many otherwise happy, seemingly, financially secure, middle class families. It's scary to contemplate the possibility that a medical event or end-of-life illness could undo literally decades of mindful saving. What can these famili...
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Apr
Thinking Through Year End and New Year Taxes
As we approach the end of 2016, we at Strauss Attorneys, PLLC would like to remind you of measures you can take to minimize your income tax liability. By taking proactive steps to secure credits and deductions, or accelerating or postponing income or deductions, a savvy taxpayer...
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