PASSING THE FARM IS LIKE PASSING ON THE FAMILY CORPORATION There is no doubt that some modern farmers run large multi-million dollar operations right in their backyard. Maintaining a herd of cows and other grazing stock costs potentially millions to buy or lease (or both) land for the animals to…
Articles Posted in Estate Planning
WILL DOES NOT REVOKE PREVIOUS TRANSFER OF PROPERTY TO TRUST
BEST LAID PLANS DO NOT ALWAYS WORK OUT A case with an interesting factual background came out of Texas recently. While it was based on Texas law and the case is binding in only Texas, the legal principles discussed by the Court are equally applicable to New York or any…
WHAT IS TESTAMENTARY CAPACITY
SUBSTANTIVE PROOF NEEDED The issue of consent and state of mind touches upon perhaps some of the most personal and human issues imaginable. This blog explored issues related to the capacity necessary for a person to create a will. Passing on the bounty of your work to your loved ones…
SPLIT ANNUITY FOR ESTATE PLANNING
HYBRID PLANNING TOOL – COMPOUND INTEREST AND IMMEDIATE PAYOUT There are some retirement strategies that people engage in that have many benefits one the one hand with a similar amount of disadvantages on the other. Life is like that, it involves trade offs and often you get what you pay…
JOINT SPOUSAL TRUST
NOT AS USEFUL BUT STILL GOOD TO HAVE This blog has explored the issues revolving around an ABC trust in the past and how its previously primary reason for existence is now no longer a consideration for many people. The primary reason for their existence was to ultimately lowering the…
ESTATE PLANNING FOR NEW YORK’S ESTATE TAX
GOOD NEWS AND BAD NEWS Most people are aware that April 15 is tax day. That simply means that you have to have your taxes filed and paid by that date and that the year that those taxes are due for are from January 1st to December 31st of the…
HOW TO ASSURE AN ESTATE BATTLE
HUGUETTE CLARK AS EXEMPLAR The last member of the gilded age passed away just a few years ago. Huguette Clark’s life, in some ways, seems to mirror the classic Orson Welles classic One of the first things that she did to insure an estate battle was to pass the entirety of her…
WHAT IS A CRUMMEY TRUST
STRANGE NAME, GREAT CONCEPT A person is entitled to gift up to $14,000 per year without incurring any gift tax liability. There are some limitations to those gifts, however. The gift must be for the unlimited, present usage of the interest that is being conveyed. That creates problems for when…
GENERATION SKIPPING TRANSFER TAX
SEEMINGLY COMPLICATED The Generation skipping transfer tax seems complicated to understand and it absolutely should only be dealt with by a seasoned professional, but there are some hallmarks that are present in each such transaction so that individual taxpayers know when the tax will apply and can follow a general…
TAXATION OF TRUSTS
SOMETIMES MAY BE BETTER TO DISTRIBUTE THAN HOLD ON Most trustees know that they have to make an accounting and pay taxes on at least a quarterly basis. While accounting itself may seem like a relatively simple theoretical proposition, the truth is much different. The devil is in the details.…