Articles

Are You Effectively Using the Trust Protector Role? – October 2020

A Trust Protector is an independent person appointed under a trust instrument by the grantor (creator) of a trust with responsibilities and powers regarding very specific aspects of the trust. Although the concept of a Trust Protector (previously referred to as “Trust Advisor”) has been a part of U.S. trust law for many years, it…

Guarding Your Legacy – Asset Protection Strategies – September 2020

Imagine that you have spent a working lifetime accumulating a significant level of assets in order to leave a financial legacy to your loved ones. Perhaps you built a substantial and respected medical practice, a thriving manufacturing business, or a prosperous farming ranching operation Consider also that this legacy could be impaired or lost altogether…

Reasons and Options for Charitable Giving – August 2020

Donating to the causes you care about not only benefits the charities themselves, it can be deeply rewarding for you as well. Millions of people give to charity on a regular basis to support causes they believe in as well as for the positive effect it has on their own lives. There are a number…

2020 Q2 Quarterly Newsletter – The Great Lockdown

After free-falling over 33 percent from its peak, the market has since recovered nearly all these losses thanks to an increase in confidence surrounding the reopening of our economy. Year to date, the S&P 500 is now only down 2 percent, while the technology-heavy NASDAQ is up over 16 percent. This puts the NASDAQ’s advantage…

Aligning Tax-Deferred Retirement Accounts with Estate Planning – June 2020

During the past 30 years, the traditional pension plans that were historically important to the American workforce post-WWII have largely gone away and been replaced by the individual retirement account. Today, a substantial portion of the wealth possessed by Americans consists of tax-deferred retirement accounts such as traditional IRAs, 401(k)s and 403(b)s, profit-sharing plans, stock bonus…

Estate Planning When Estate Tax is not an Issue: Planning for Estates under $10 million – May, 2020

The primary focus of estate planning is often on tax-saving strategies: however, as federal estate tax laws continue to increase federal, estate, gift and generation-skipping transfer tax exemptions year after year, it is important to point out that there are many other valuable reasons why estate planning should be a priority. Below is a summary…

South Dakota vs. Delaware Situs – Which is Better? – April 2020

The topic of South Dakota as a favorable trust situs often leads to a discussion comparing the virtues of South Dakota versus Delaware. Which jurisdiction is better? Why South Dakota? Since abolishing the rule against perpetuities in 1983, South Dakota has worked diligently to become the most trust-friendly situs in the nation. The following table…

Novel Times – April 2020

After making a record high on February 19, 2020, the equity markets have since fallen by as much as 35%. This decline into a bear market has occurred at the fastest pace in history. New records for volatility have been made with the average daily price change of 5.2% during March exceeding the previous record…

Prudent Investor Considerations – February 2020

The year was 1830 and the case was Harvard College v. Amory. In the case, Harvard College alleged that the trustees had willfully made high-risk bets in order to benefit the deceased man’s widow rather than establish a standard source of income. As a response, Judge Samuel Putnam formulated the Prudent Man Rule, the earliest…

To IDGT or not to IDGT – January 2020

Shakespeare gives us all some friendly advice, “Neither a borrower nor a lender be/For loan oft loses both itself and friend” (Hamlet Act 1, Scene 3). Perhaps Shakespeare is giving us all timeless advice, but maybe, if structured properly, lending money could be a good estate planning tool. One way to lend money/stock/real estate to…

2020 Visions – January 2020

As a new year and decade begin, the election in 2020, negative interest rates, aging demographics, and the growth of passive investing will likely have the biggest impacts on the financial markets going forward: The Election For the past 40+ years, we have lived in a world where business has become more global while politics…

Fiduciary Income Tax Basics – January 2020

Income tax plays a critical role in day-to-day investing, yet for many the concepts can get disorganized. What are the key issues that drive fiduciary income taxation, and how can we best tackle the concepts for optimal results? First, we need to start with some basics.

Charitably Inclined: Donor Advised Funds – December 2019

Since 1931, donor-advised fund (DAFs) have been offered by local community foundations and more recently have become available through numerous broker-sponsored charitable gift funds. They are something akin a marriage between a private foundation and a mutual fund. Generally, a DAF is a separately identified fund or account that is maintained and operated by…

How You Can Benefit from Deferred Compensation Plans – November 2019

Why Deferred Compensation Plans? Sheltering your income can prove a beneficial task. Many employers offer creative, cutting-edge benefit programs to attract potential employees. It’s important to know what the different plans are and how a trusted advisor’s guidance can help you determine what works best for your financial situation. While deferred compensation plans…

Powers of Attorney – October 2019

A power of attorney is an incredibly powerful instrument that all people, regardless of wealth or status, need to consider. Powers of attorney generally fall into two types: healthcare and financial. A power of attorney for healthcare, also called a living will in some instances, directs what medical treatment and life-sustaining measures are to be…..

Do You Still Need An Irrevocable Life Insurance Trust? – September, 2019

You may have established an irrevocable life insurance trust (ILIT) as an integral part of your estate plan. An ILIT is a trust that is constructed to primarily hold a life insurance policy (or policies) on the grantor during the grantor’s lifetime. As the name indicates, an ILIT generally cannot be revoked, amended or modified…

The Importance of Post-Mortem Planning – August 2019

Post-mortem planning is a concept derived from the inability of estate planners to predict the future. Given how quickly tax laws and circumstances can change, it is unlikely that a planner will be able to anticipate every variable that an executor or trustee will face after your death.

Installment Sales to Intentionally Defective Grantor Trusts – July 2019

Estate planning with intentionally defective grantor trusts (IDGTs) is a well-established “asset freeze” technique that has numerous advantages, as described below. In this article, we will discuss the features of this technique and how it can be used for your benefit.

LIBOR Pains – July 2019

The London Inter-Bank Offer Rate (LIBOR) currently underpins approximately $400 trillion of mortgages, bonds, corporate loans and derivatives globally. To help put this number in perspective, the World Bank estimates the annual value of global economic activity, or GDP, at $80 trillion which is “only” one-fifth of this amount. LIBOR is set by a group…

Read More about LIBOR Pains – July 2019

A Guide to Institutional Trust and Custody Services – June 2019

A Guide to Institutional Trust and Custody Services. In contrast to a personal trust, where the grantor or creator of the trust is an individual or perhaps a family unit, an instituional trust is established by a corporation, partnership or other.

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