Trusted Legal Resources

Trust Protectors: Are They a Good Fit for Your Client?

Posted by Robert L. Arone What Is a Trust Protector? Traditionally, the three roles that must be filled when setting up a trust are the settlor (also called a grantor, trustor, or trustmaker), the trustee, and the beneficiary. All three roles are necessary to create a trust that functions properly. Although it is relatively common to use trust protectors in foreign asset protection trusts, a trust protector is a fairly new role in trusts drafted in the United States for estate planning purposes. However, as the number of trusts designed to last for generations grows, estate plans need more built-in flexibility. Giving a trust protector, through the terms of the trust, certain powers over the trust, such as removing or appointing trustees, adding or removing beneficiaries, and amending or even terminating the trust, ensures that your client’s intentions for creating the trust are fulfilled despite changing law or circumstances. How

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Helping Clients Create an Up-to-Date Inventory

Posted by Robert L. Arone If your client has already done estate planning by creating a will or trust, then the client has taken a very important step toward ensuring that if the client becomes incapacitated or dies, the client’s loved ones will know how to help manage the client’s financial and legal affairs. However, simply having a will or a trust and related estate planning documents is often not enough. An inventory of all of the client’s accounts and property is crucial for helping the client’s loved ones manage the client’s affairs effectively. Most estate planning attorneys have received calls from distressed children who know that a deceased parent had a will or a trust, but have no idea what accounts, insurance policies, or items of real and personal property the parent owned. If an inventory was never prepared and shared with the parent’s attorney, the child likely had

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Is Your Client’s Estate Plan Incapacity Proof?

Posted by Robert L. Arone For most people, it is perfectly natural to think about estate planning only in terms of planning for death. While it is certainly important for clients to make a plan for their eventual death, if that is all they plan for, their planning will be woefully inadequate. As medical knowledge and technology have improved over the decades, so too has modern medicine’s ability to keep people alive for much longer. It is no accident that in many areas of the country, long-term care facilities such as assisted living centers and nursing homes are being built at record pace.[1] At first blush, staying alive longer would seem to be a good thing. And for many people, it is. However, simply living longer does not necessarily result in ideal circumstances. Longevity coupled with incapacity can be extremely challenging if a client has failed to make arrangements for

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Thursday, Jan. 7th – Tax Aspects of Cryptocurrencies Video Conference

TAX ASPECTS OF CRYPTOCURRENCIES Thursday, Jan. 7th, 9am-12:30pm ET Led by Eric P. Rothenberg, Esq., MBA Register Now With Bitcoin jumping from $3,900 in March to $28,000 in December there was much selling in 2020. The IRS now asks on page 1 of Form 1040 if you received, sold, sent, exchanged, or otherwise acquired cryptocurrency. If one of your clients answers yes to this question, are you prepared to analyze your client’s situation and advise him/her as to what needs to be reported (if anything) on a 2020 tax return? If not, you may want to attend our 4-hour live video conference entitled Tax Aspects of Cryptocurrencies on 01/07/21 from 9:00am-12:30pm led by Eric P. Rothenberg, Esq., MBA who represents and prepares income tax returns for individuals who buy and sell cryptocurrencies. Eric’s discussion will include FinCEN regulations issued on 12/23 and the increase in the use of digital wallets as

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Getting Your Clients Ready for 2021

Posted by Robert L. Arone This year is quickly coming to a close. For many of us, December 31 cannot come soon enough, as 2020 has been anything but a walk in the park. The first quarter of 2020 brought a worldwide pandemic. Not only did this raise concerns about everyone’s health and safety, but it also fundamentally changed the way we all live. Many people found themselves either working from home or out of work. Additionally, the pandemic created market volatility that impacted many people’s investment and retirement accounts. Along with the pandemic, many areas of the country experienced severe natural disasters such as hurricanes, earthquakes, and fires, leaving many without homes. Lastly, the 2020 presidential election proved to be just as unprecedented, with many states taking days after the election to count all of the votes. While there is reason to be optimistic that 2021 will bring a

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