Tax Reform: So How Do We Advise Our Clients?

Take-Away: Ignoring for the moment the media’s rhetoric if the pending tax reform law is good policy or bad, a Christmas gift to the middle class to the 0.01% of the populace, or if the end result is a large step towards national insolvency, it is the law and we are obliged to advise our […]

Read More

Tax Reform and the ‘Law of Unintended Consequences’

Take-Away: The recent changes to the federal income tax code eliminates personal exemptions, expands the use of 529 accounts, and  it repeals the taxation of spousal support receipts. These rule changes may cause chaos in state divorce courts across the country for previously negotiated settlement agreement where the tax deduction and contractual obligations were critical […]

Read More

Tax Reform Primer – Miscellaneous Deductions

Take-Away: Pretty much all of the prior miscellaneous income tax deductions that individual taxpayers took advantage of disappeared with last week’s Tax Act. They cease to exist as deductions beginning in 2018. What Deductions are Disappearing? Tax Preparation Fees: Accounting fees for tax return preparation are no longer deductible. Tax Advice Fees: Fees incurred for […]

Read More

Tax Reform Proposals Revisited (Yet Again!)

Take-Away: I know you spent most of the weekend reviewing the proposed tax law that the Committee released late last week. (Hopefully you have more of a life than I do!) So what follows is pretty much repeat of what you already know with a few thoughts of my own. Standard Deduction: This goes from […]

Read More

Tax Reform – Unintended Consequences

Take-Away: We are told that the pending proposals to change the Tax Code will result in simplification for millions of Americans. That may well be the case with the doubling of the standard deduction that both the House and Senate Bills propose. But there may be a lot more ‘gamesmanship’ afoot if the Senate Bill […]

Read More

The Beneficiary with Substance Abuse – A Checklist

Take-Away: It is a challenge for the trustee of a discretionary trust to address the addictions of a trust beneficiary. Key provisions need to be included in the discretionary trust to assist the trustee charged to work with a trust beneficiary who is challenged with substance abuse or other addictions. Background: Suppose a client comes […]

Read More

2017 Tax Reform Proposals – Impact on Retirement Plans

Take-Away: There were only a couple of surprises in the two Bills passed by the House and Senate with regard to retirement planning. A couple more surprises could result as the Conference Committee attempts to come up with a compromise Bill that would become the law beginning in 2018. The continuation of the stretch IRA […]

Read More

Creditor Claims Against Life Insurance Death Benefit

Your Question: Decedent dies, pretty much insolvent with a mortgage debt greater than the equity in the decedent’s home. Decedent’s life was insured, with the designated beneficiaries of the life insurance policy being the decedent’s siblings. Can creditors of the decedent’s estate, i.e. the mortgagee,  attach the death benefit that is payable to the decedent’s […]

Read More

Durable Powers of Attorney – The Good, the Bad, and the Ugly

Take Away: While Durable Powers of Attorney are an extremely helpful estate planning tool, they can also cause tax and liability concerns to the individuals who hold the power of attorney. While the temptation of many lawyers who draft durable powers of attorney is to include the ‘kitchen sink’ of powers in the instrument, more […]

Read More

Fiduciary Access to Client Emails

Take-Away: Fiduciaries who ‘stand in the shoes’ of a ward or decedent need to be able to access the ward/decedent’s email account to fully carry out their fiduciary duties and account for all of an individual’s assets and debts. While service providers have historically been reluctant, if not obstinate,  to permit access to email accounts […]

Read More