Big Changes Are Coming To The GA Trust Code, But Likely Not Until July 2018! (Originally Published March 2017 & Updated May 2017)

By Richard Morgan Many state legislatures over the last decade or so have been on a mission to modify state laws to become more friendly as to estate and trust laws. These changes have included, among others, the extension of the rule against perpetuities safe harbor from 90 years to either 360 years or longer, [...]

2017-06-15T06:11:53+00:00 February 15th, 2017|Articles, Estate & Tax Planning, News, Newsletters, Trusts|

NEWS ALERT: Important IRS Filings Due by May 1, 2017, for Those Involved with Micro-Captive Insurance Companies (IRS Notice 2016-66, as Modified by IRS Notice 2017-08)

The IRS has moved to put a yield sign in front of anyone creating or utilizing a micro-captive insurance company under IRC Section 831(b) by designating all (or mostly all) such micro-captives created on or after November 2, 2006, as transactions of interest which have significant notice requirements. These include the need for captive owners [...]

2017-02-02T11:25:31+00:00 January 30th, 2017|Articles, Estate & Tax Planning, News, News Alert|

Revocable Living Trusts: What You Need to Know

On September 14, 2016, Richard Morgan was part of a panel discussion at the monthly meeting of the Estate Planning & Probate Section of the Atlanta Bar Association. The general topic of the discussion was Revocable Living Trusts (RLTs) versus Wills. The panelists tried to help attendees consider the actual advantages and disadvantages of using [...]

Estate Planning – The Big Picture, but Critically Important, Issues.

This week, National Estate Planning Awareness Week, we'd like to take the opportunity to share information with you regarding estate planning. We provide individualized counsel and guidance in the estate planning process. As part of this process, we initially consider and discuss the following big picture, but critically important, issues: Information about the family. This [...]

2016-12-22T06:23:46+00:00 October 21st, 2014|Articles, Estate & Tax Planning, Estate Planning, News|

“Do-It-Yourself” Wills & Other Estate Planning – If You Really Care, Beware!

As Estate Planning and Elder Law Attorneys, we see the significant benefits of planning done right and the tragic consequences of planning done wrong. Years ago, a metro-Atlanta probate court asked me to serve as a guardian ad litem in a probate matter where a father’s do-it-yourself will left his estate to his current wife [...]

Preparing for Incapacity: The Documents You Need and Traps to Avoid

By Diane B. Weinberg and Loraine M. DiSalvo In the last edition of The Passionate Estate Planner, we discussed the different levels of incapacity an individual can face and how incapacity impacts that person’s ability to sign legal documents. Today, we want to address those documents that can help protect individuals from the results of [...]

IRAs and Qualified Plan Accounts: Should You Pass Them to Beneficiaries Outright or in Trust?

I.    Introduction and Summary. Most people today have a significant amount of their retirement savings in Individual Retirement Accounts (“IRAs”) or one of many other types of tax deferred accounts generically known as “qualified plan” accounts (“QPs”), such as 401(k) accounts. Except for Roth IRAs or Roth 401(k) accounts which are funded with after-tax income, [...]

Planning For Married Couples After the 2012 Tax Act: Should You Transfer Assets to Your Spouse Outright or in Trust?

In this installment of the Passionate Estate Planner, we consider one of the fundamental estate planning questions that married couples need to answer: Whether assets should pass to the surviving spouse outright, or in trust? While this has always been an important question, the enactment of the 2012 Tax Act in January 2013 may have [...]

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