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The latest salvo will be regulations negating discounts on FLPs/LLCs (perhaps only on those not operating an active business) what should you be doing? If discounts are nixed and your estate is under the federal exemption amount, you might do a happy jig! Because the IRS will have done most wealthy, but not ultra-wealthy, taxpayers a favor.
One common restriction on decanting is not adding new beneficiaries, as confirmed in a recent case. Practical steps such as consolidating assets, organizing and computerizing records, involving children or others who will serve in fiduciary capacities so that they are aware of their roles, and more, is essential.Campfire Estate Planning Chat Newsletter Word Template Single Spaced Times Roman New 10 point bold MONTH YEAR: Lead Article: 1 ¾ pages [2nd page about 45 lines] [Category: Lead Article Title: Things to think about Summary: Summer at the beach, barbeques, flying kites and S’mores.What you need to keep the young ones smiling is some good estate planning chatter.For example, one technique is to give someone a general power of appointment over a trust.That means they will be given the right to designate who will receive the assets of the trust. While layers of limitations can be placed on such powers they do bring increased layers of complexity.Example: You have a highly appreciated stock portfolio worth $6M.
You might choose to retain those stocks in your estate so that on death the significant appreciate is eliminated by a basis step up.
Domestic asset protection trusts (“DAPTs”) are trusts that you set up (you’re the settlor) but you are a beneficiary of, called “self-settled” trusts.
Although there have been a number of court cases suggesting that self-settled trusts might not work, the facts on all of those cases have been pretty ugly.
Most folks seem to feel that once the documents are signed their good to go. If you meet your wealth manager semi-annually, at least one of those meetings should have your CPA and attorney in attendance.
Few plans will have much chance of success without periodic professional involvement.
Another common basis maximizing technique is to borrow money on appreciated assets and gift the borrowed funds away.