Consider what changes are needed to achieve desired goals. This is the up-front analysis that may need some significant and deep thought. This is not considering the type of legal process, but considering the technical changes needed to achieve the desired outcome. For example, if a trust is considered to be a grantor trust for income tax purposes, but non-grantor trust status is desired, all of the trust's provisions and [...]
While the reasons to decant or otherwise modify an irrevocable trust are as numerous as the imagination can create, here is a listing of some of the more common reasons: Correct trust drafting errors, such as scrivener's errors or ambiguous terms. A lot of trusts were simply not drafted properly and these mistakes can be corrected. Change the Trustee. Many trusts were drafted in an inflexible manner and require burdensome [...]
by Loraine M. DiSalvo President Trump signed the 2017 Tax2 Act on December 22, 2017, bringing a huge number of changes to the federal tax laws that affect individuals and businesses. This paper is intended to look solely at some of the changes to the income tax rules that apply to individuals,
It is clear that the 2017 Tax Act1 is significant and provides numerous fundamental changes that make our already complex tax system even more complex. With this level of complexity, it is likely that it will take several years for tax professionals to fully understand its terms and the planning needed to fully benefit from these changes. The purpose of this installment of The Passionate Estate Planner is to both [...]
Estate Planning and Related Issues for Same-Sex Couples in 2017: Obergefell v. Hodges Did Not Eliminate the Need for Extra-Careful Planning When It Created National Recognition for Same-Sex Marriages
In June 2015, the U.S. Supreme Court held, in the case of Obergefell v. Hodges, that marriage is a fundamental right that extends to same-sex couples.
As of July 1, 2017, Georgia has a new Uniform Power of Attorney Act ("UPOAA") which applies to all Power of Attorney ("POA") documents executed on or after this date. This presentation will first review the basics of these new rules, including both the good and the bad. Second, it will cover your POA form options in light of these new rules. Lastly, it will cover drafting issues if [...]
On September 27, 2017, President Trump announced the release of a “Unified Framework For Fixing Our Broken Tax Code” (the “Framework”). A copy of the Framework can be found at http://src.bna.com/sS3. The Framework was produced by the influential group known as the “Big Six.”1 The stated objectives of the changes outlined in the Framework are (1) to make the tax code simpler and fairer, (2) to reduce income taxes and [...]
Georgia Supreme Court Speaks: Married Persons Are Free to Transfer Assets and Proper Title is Critical to Accomplish Intended Transfers (Gibson v. Gibson)
On June 5, 2017, the Georgia Supreme Court issued its opinion in the case of Gibson v. Gibson, S17F0593 (Ga. 2017). In Gibson, the Court considered the scope of a married person’s power to freely transfer his or her own assets to a third party.
Beginning on July 1, 2017, a new Uniform Power of Attorney Act (the “UPOAA”) applies to most written, general financial Powers of Attorney (“POAs”) created by individuals in Georgia. This newsletter is Part 3 of our three-part series on the UPOAA.1 Part 1 covered the most important aspects of the UPOAA other than the power provisions. Part 2 covered the power provisions. This Part 3 will review the Statutory Form [...]
Beginning on July 1, 2017, a new Uniform Power of Attorney Act (the “UPOAA”) will apply to most written, general financial Powers of Attorney (“POAs”) created by individuals in Georgia. This Newsletter is Part 2 of our 3-part series on the UPOAA.1 Part 1 covered the most important aspects of the UPOAA other than the power provisions. This Part 2 covers the power provisions. Part 3 will review the Statutory [...]