Category: Estate Planning

USE OF TRUSTS IN BUSINESS ARRANGEMENTS

By , June 14, 2018 1:45 pm

The attached post from Lou Vlahos of the FarrellFritz law firm under the link below is a brief but informative discussion about the use of trusts to structure business arrangements.  I think it will be as interesting to estate planners as to business lawyers.

Here’s the link:  https://www.taxlawforchb.com/2018/03/trusts-and-the-corporate-lawyer/

POST BY LOU VLAHOS ABOUT IMPACT OF TAX CUTS AND JOBS ACT ON ESTATE TAX

By , February 22, 2018 9:11 am

Here is a link to an excellent post by Lou Vlahos about the impact of the Tax Cuts and Jobs Act on the federal estate tax:

https://www.taxlawforchb.com/2018/01/the-federal-estate-tax-lives-on-but-where-o-death-is-your-sting/

LLC RIGHTS OF ESTATE OF INDIVIDUAL DELAWARE LLC MEMBER UPON THE MEMBER’S DEATH

By , February 9, 2018 3:49 pm

The post by Peter Mahler under the link below addresses the above issue.  It is a key issue in any LLC operating agreement or LLC agreement for a multi-member LLC, whether the LLC is a Delaware or a non-Delaware LLC.  The basic lesson:  How the agreement addresses the issue trumps the governing LLC act (especially in Delaware but very probably under all other LLC acts).

Here’s the link:

https://www.nybusinessdivorce.com/2017/12/articles/delaware/delaware-contractarian-principles-prevail-appeal-deceased-ace-hotel-founders-llc-interest/

ESTATE PLANNING TAX

By , May 25, 2017 8:51 am

The new post under the link below should be read not only by estate planners but also by LLC lawyers who want to think critically about “death taxes.”

http://www.taxlawforchb.com/2017/05/paying-the-estate-tax/

DISCOUNTS FOR LACK OF MOBILITY (“DLOM”)

By , May 5, 2017 9:22 am

Estate planners and LLC lawyers interested in DLOM issues will find interest in the post from Peter Mahler under the link below, especially if they practice in New Jersey. Here’s the link:

http://www.nybusinessdivorce.com/2017/03/articles/valuation-discounts/new-jersey-gone-off-dlom-rocker/

ASSET PROTECTION

By , April 10, 2017 8:46 am

If, as an estate planner or LLC lawyer, you need to deepen your expertise in asset appraisals, you’ll find the discussion in Peter Mahler’s post both interesting and valuable. Here’s the link to the post:

http://www.nybusinessdivorce.com/2017/02/articles/valuation/business-appraisers-spar-tax-rates-market-approach-key-issues-fair-value-buy-case/

LLCS FOR ESTATE PLANNING AND KEEPING THE FAMILY CABIN IN THE FAMILY

By , February 9, 2017 9:27 am

Mike Smith’s excellent post under the link below, entitled “LLCs for Estate Planning and Keeping the Family Cabin in the Family,” may be useful both to LLC lawyers and to estate planners.

Here’s the link:  https://www.michaelsmithlaw.com/blog/2016/12/llcs-estate-planning-keeping-family-cabin-family.html

WHAT DOES GENEROSITY MEAN IN A FAMILY ENTERPRISE?

By , January 30, 2017 4:46 pm

The issue of what generosity means in a family enterprise is perhaps primarily relevant to estate planners, but it is also relevant to LLC lawyers in drafting and revising operating agreements for these enterprises.  The issue is expertly discussed in the post under the following link:

http://www.familyenterpriseoffice.com/blog/2016/11/14/what-generosity-really-means

SHOULD TRUST AGREEMENTS CONTAIN ARBITRATION PROVISIONS?

By , December 21, 2016 12:08 pm

Under the link below is a post on the issue whether trust agreements should contain arbitration provisions.  The post is likely to be interesting not only to estate planners but also to LLC lawyers and accountants.

Here is the link:

http://www.probatetrial.com/arbitrability-of-will-and-trust-disputes-in-nh/

TAX COURT CASE ABOUT VALUING A MINORITY INTEREST HELD BY A DECEDENT IN A PARTNERSHIP FOR ESTATE PLANNING PURPOSES

By , July 28, 2016 9:55 am

Under the link below is an excellent summary by Lou Vlahos of the FarrellFritz law firm about a recent Tax Court case on how to value a minority interest held by a decedent in a partnership for estate tax purposes.

Here’s the link:

http://www.taxlawforchb.com/2016/06/what-is-it-worth-it-depends/?utm_source=Tax+Law+for+the+Closely-Held+Business&utm_campaign=5699724e6f-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_4d5d267118-5699724e6f-73367009