Future Focused: Sophisticated Estate Planning

Digital Assets may be poised to revolutionize the financial world and the velocity of moving money across the economy. On this episode of Future Focused: Sophisticated Estate Planning, host Erin Nicholls and Corporate partner R.J. Kornhaas welcome guest Jake Claver, Managing Director of Digital Ascension Group, a multifamily office serving high-net-worth and ultra-high-net-worth clients. Jake shares his background in mergers and acquisitions and how his success in traditional markets ultimately led him to cryptocurrency and an expertise on digital assets. Discover how investment in digital assets could transform the future of financial transactions, providing opportunities for attorneys, financial advisors and CPAs to grow their knowledge and better advise their clients on these verticals. Tune in for valuable insights into the realm of digital assets.

The disposition of unique assets like art collections requires proper planning. On this episode, Partner Michael Clear and Associate Kaitlyn Pacelli speak with Deborah Robinson, Partner at Art Market Advisors. Deborah emphasizes the importance of early conversations to streamline the process. She also dives into the implications of appraisals, sales, and the division of collections, offering valuable guidance for families and trustees. Tune in to gain valuable insights into managing unique assets during your lifetime and ensuring the proper plan is in place to dispose of those assets after death.

When families clash over control of substantial wealth, whether in connection with the testamentary wishes of a loved one or the management of assets in an estate or trust, hiring the right fiduciary and probate litigator can make all the difference. In this episode, Partner Michael Clear sits down with Wiggin and Dana Partner and Chair of the Fiduciary and Probate Litigation Practice Group, Steve Malech, to unpack the role of a fiduciary and probate litigator in family wealth disputes. Through compelling real-world examples, Steve highlights a variety of practical takeaways for fiduciaries, beneficiaries, and fellow attorneys, offering insights on managing emotions and navigating the intricate landscape of family wealth disputes. Tune in to learn more about the complexities of this practice area and reach out with questions.

How can you reduce taxes by removing assets from your estate? In this episode, Partner Michael Clear answers this question, highlighting several gifting strategies to shift wealth out of a taxable estate. Michael touches on strategies like making annual exclusion gifts, direct payments for tuition and medical expenses, opening 529 accounts, and creating life insurance trusts. Be sure to tune into this insightful episode and ensure you are prepared for the year ahead. If you have any questions on incorporating gifting strategies within your overall estate plan, please reach out.

In the final episode of our speaker series, Partners and Family Office Co-Chairs, Erin Nicholls, R.J. Kornhaas, and Dimitri Tournas delve into the unique capabilities and services offered to high net worth individuals and family offices, highlighting the firm's expertise in real estate, corporate transactions, and personalized private client services. This episode also explores the evolving landscape of family offices, including the importance of proper governance and tailored legal counsel. Be sure to tune in to discover how we collaborate across departments to provide comprehensive solutions for our clients.

On this episode, hosts Erin Nicholls and Michael Clear welcome corporate Partner R.J. Kornhaas to discuss the intricacies of investing in privately held businesses and business succession planning. They delve into essential considerations, such as the types of investments—including convertible notes and preferred stock—and emphasize the importance of having legal counsel review documents to safeguard investor interests. Whether you're an advisor, a founder or investor in a privately held company, tune in to explore how to navigate private investments wisely and understand the role of legal counsel in mitigating risks, ensuring compliance, and facilitating successful transactions.

On the fifth episode of our speaker series, Partner Carolyn Reers explores the growing trend of high-net-worth individuals seeking residency or citizenship abroad for tax benefits and safety. She highlights popular destinations like Malta, St. Kitts and Nevis, and St. Lucia for citizenship through investment, as well as Italy, Malta, Portugal, Switzerland, Greece, and Spain for golden visa programs. Carolyn also explains the complexities of the U.S. expatriation tax regime and the challenges of maintaining U.S. tax compliance while living abroad. Tune in to gain valuable insights into international planning and compliance in today's global landscape.

On the fourth episode of our speaker series, Partners Erin Nicholls, R.J. Kornhaas and Dimitri Tournas dive into the key compliance requirements of the Corporate Transparency Act (CTA) and its impact on small to medium-sized companies. They break down the new federal beneficial ownership registry, the filing requirements, and the challenges of identifying beneficial owners. Tune in to gain insight into the information needed to meet the CTA's obligations and what it means for your business.

In this powerhouse episode, hosts Erin Nicholls and Michael Clear step up to the plate with Thomas Archer, a certified financial planner and owner of the Thomas J. Archer Companies, to discuss the nuances of estate planning and business succession for high net-worth individuals, including professional athletes and business owners. Archer, not one to sit on the sidelines, shares his personal journey from a humble beginning to amassing a clientele that includes billionaires and professional athletes, emphasizing the importance of proper financial planning, asset protection, and the pitfalls of lacking financial literacy. This episode is a playbook on effective strategies for preserving wealth across generations and underscores the significance of understanding the changing tax landscape. Tune in for an insightful discussion on making informed decisions that ensure your financial legacy is in the hall of fame, not the hall of shame.

In a typical M&A transaction, the interests of the executives and management team can significantly diverge from the other parties to the transaction making it essential to retain independent counsel, separate from the buyer and the seller. In this episode, Erin Nicholls and Michael Clear are joined by Partners Christian Chandler and James Greifzu, co-chairs of the Wiggin and Dana Management Team Representation practice group. They discuss their role in ensuring executives are properly represented in deals and the importance of early and informed legal representation to ensure that their interests are protected and aligned with the transaction's goals. The conversation highlights the complexities of executive compensation, employment agreements, tax issues and more to ensure a smooth transaction. Tune in for a deeper understanding of the crucial role legal counsel plays in facilitating smooth and beneficial business sales and transitions.

Navigating estate planning amidst divorce can be complex. On the third episode of our speaker series, Partner Matt Smith emphasizes the need for adaptable and forward-thinking strategies to protect assets across varying state laws. Highlighting cases where outdated estate plans clash with the modern realities of marriage, divorce, and inheritance, Matt delves into crafting lifetime trusts, navigating state-specific trust codes, and integrating prenups to safeguard one's financial future. He also underscores the persistent challenge of ensuring estate plans remain effective in the face of life's uncertainties and changes in law. Tune in to gain valuable insights on safeguarding assets in the face of marital dissolution.

Timing is crucial for clients looking to gift before the potential sunset of the estate and gift taxexemption at the end of 2025.In today's episode, Partner Erin Nicholls sits down with Evan Levine, Founder of Complete Advisors as well as his colleague, Nainesh Shah, lead analyst, who specializes in business valuations for trust and estate planning, gift tax planning, and complex entities. They discuss the critical role of business valuations in estate and gift tax planning and the intricacies of determining discounts for lack of marketability and control, emphasizing the tailored approach needed for each unique scenario. Tune in to gain valuable insights that could significantly impact your estate planning strategies before the looming tax changes take effect.

With our second episode in our speaker series, Partner Helen Heintz dives into the increasingly common practice of drafting prenuptial agreements. Highlighting the evolution of her clientele over nearly two decades, Helen outlines the shift towards safeguarding inherited wealth in first and second marriages—primarily driven by concerned parents wanting to protect assets for their children. Helen further explores the nuances of these agreements across different states, such as Connecticut and New York, emphasizing the importance of disclosure, representation, and the distinction between separate and marital property. This episode is a must-listen for anyone interested in the mechanics and significance of marital agreements in asset protection and estate planning.

On this episode, Partner Vanessa Maczko details where we are now with taxes and gifting, and where we are going. She discusses what is not a taxable gift and how to use your estate and gift tax exemptions. Vanessa also delves into what it means when the high exemption rates are expected to sunset in 2026, and what can be done with little to no exemption left. Tune in to learn more about this important topic, and why it may be beneficial to gift now before it's too late!

Jacob Koenig, Managing Director and Partner of Woodbridge International, sits down with Partners Erin Nicholls and Michael Clear to discuss his firm's unique approach to selling companies, including their focus on marketing and their ability to reach an extensive network of well-vetted potential buyers. The conversation touches on current market conditions and the importance of sticking to a timeline for closing deals. Jacob emphasizes the need for project management and clearly defined roles in the deal closing process, stating that it is crucial to keep everyone's feet to the fire and ensure that the timeline is followed to prevent delays that could kill the deal.

On this episode, Partners Erin Nicholls and Michael Clear continue their conversation with Wiggin and Dana Partner Jack Sousa, on entrepreneurship, equity, and entity structuring. They dive deep into the entrepreneur's guide to equity, employee stock options, and the strategic importance of early legal advice, with particularly valuable insights on estate planning synergy and innovative legal structures like convertible notes and SAFEs. Jack also hits on the wiggin(x) Startup Kit which provides emerging high-growth companies with an overview of some of the key issues to keep in mind as you start and grow your business. A crucial listen for anyone navigating startup ventures and estate planning.

In the latest podcast episode, host Michael Clear introduces the “Future Focused: Private Wealth Insights” blog, a platform designed to help optimize and protect your financial future. Explore domestic and international estate planning strategies, tax optimization, and more, with regularly updated content to keep you informed about the latest trends and developments. Visit www.privatewealthinsights.com to learn more and subscribe for exclusive content.

Discover the intersection between founding ventures and estate planning on today's episode of Future Focused. Wiggin and Dana Partner Jack Sousa, a founder of wiggin(x) and co-chair of our Emerging Company and Venture Capital Group sits down with Partners Erin Nicholls and Michael Clear and offers invaluable insights into the client experience on Wiggin(x), a unique venture aimed at revolutionizing the startup ecosystem for founders. Don't miss out on this engaging conversation that navigates the complex terrain of equity and legacy planning. From equity considerations, entity choices, and strategic planning for early-stage companies, Wiggin(x) is here to assist founders as they take the first step towards making well-informed decisions about their business and legacy planning.

Business owners have their own set of challenges to address when considering estate planning strategies, including family concerns, personal concerns and operation of the business itself. On this episode, Partner Michael Clear supplies a roadmap of estate planning options for business owners that seek to address these challenges. He reviews the three phases of estate planning, which are foundational planning, continuity and liquidity planning, and advanced planning. Ultimately, the goal is to get the business owner through each phase, but what do these phases mean and how do we get there? Tune in for answers to these questions, and more!

On this episode, Partners Michael Clear and Erin Nicholls review the requirements under the Corporate Transparency Act (“CTA”) now in effect. They discuss what exemptions available to entities, who the beneficial owners are, when to file reports, and other insights into what is needed to comply with the CTA. Be sure to tune into this episode and review our other related content to learn more. Feel free to contact a Wiggin and Dana attorney with any questions.

Do your children think money grows on trees? Do they understand the value of a dollar? On this week's episode, Partner Michael Clear sits down with Tom Henske, author of It Makes Total Cents, which gives parents tools to have an honest conversation with their kids about the value of money and the importance of starting the conversation at a young age. With a background in structuring life insurance portfolios for high-net-worth individuals and financial planning, Tom has made it his business to not only help clients prepare the money for their kids, but to also prepare the kids for the money. Be sure to tune in to learn more and check out totalcents, where you can find Tom's book and podcast, and The Affluent Insurance Advisor, for life insurance policy information.

On this episode, Partner Michael Clear sits down with Larry Lipoff, CPA, TEP, CEBS, who is a Director in CohnReznick's Trusts and Estates Practice, to discuss the key takeaways from the 58th Annual Heckerling Institute on Estate Planning Conference. They dive into topics such as the “Rockefeller Waterfall,” planning with fluctuating interest rates, a possible upheaval in residential and commercial real estate, trustee liability, gift splitting, and more. Tune in as Michael and Larry break down a number of topics that will inevitably affect how practitioners advise their clients on estate planning well into the future.

Life insurance can be a valuable estate planning tool for generational wealth planning, creating liquidity and time diversification. On this week's episode, Michael Clear and special guest Sarah Moore, Director of Advisor Relations at the Coyle Company, a firm that handles estate planning and business planning matters, discuss the importance of reviewing existing life insurance policies and portfolios to ensure they align with long-term estate planning goals. They delve into the impact of rising interest rates on life insurance policies and loans, and the need for trustees to regularly review policies for optimal performance. Tune in to learn how life insurance and proper trust planning can be a powerful estate planning tool for high-net-worth clients.

The role of a conservator is often misunderstood and recent headlines about celebrity conservatorships tend to paint conservatorships in a negative light. However, in this episode, Hosts Erin Nicholls and Michael Clear, provide context to understanding the differences between conservatorship of the person and of the estate, voluntary and involuntary conservatorships, and how planning documents like powers of attorney and living trusts can help protect against the need for a conservatorship. This informative and engaging discussion is a must-listen for anyone interested in better understanding the real-world implications of conservatorships, as well as alternative strategies for managing one's health and financial well-being.

With so many people fleeing their northern home states and heading south for a sunnier lifestyle, it's more important than ever to understand the process of changing domicile and residence. On this week's episode, Partner Michael Clear travels to sunny Florida and chats with Florida-based Partner Veronica Bauer on the necessary “checklist” to declare domicile and residence in the state of Florida. They cover important steps such as obtaining a Florida driver's license, registering to vote, and filing a Declaration of Domicile. They also provide insights into the homestead exemption and how to avoid triggering events that could affect your domicile status. Their conversation is informative and provides helpful tips for those considering a move to Florida, so tune in to learn more.

Ready to kick off the New Year and make good on all those estate planning resolutions? On this first episode of 2024, Partners Erin Nicholls and Michael Clear highlight the estate planning opportunities resulting from changes in estate, gift and generation-skipping tax exemptions and discuss why 2024 is a good year to consider making big gifts before the exemptions are halved in 2026. They also discuss the importance of reviewing and updating your estate plans, including planning for beneficiaries, trust funding and making any desired changes to fiduciaries. 2024 will be the year to set clear goals, plan strategically, and focus on estate planning before it's too late.

As we wrap up 2023, let us take a look back at some of the important estate planning topics that were discussed throughout the year. Our Partners Erin Nicholls and Michael Clear and their distinguished guests shared their expertise on a wide range of subjects, including Using Trusts for Your Beneficiaries, SLATs, Estate Planning and Digital Assets, Key Considerations with Generation-Skipping Transfer Tax, How to Include Family Members in an Estate Planning Conversation, The Corporate Transparency Act, and Prenuptial Agreements. You can access the full episodes by clicking the link below to better understand these topics. Plus, we have exciting plans to bring you more informative and insightful episodes next year, so stay tuned!

As 2023 draws to a close, we gear up for a busy holiday season and start planning for 2024 (#FutureFocused). On this week's episode, Partners Erin Nicholls and Michael Clear highlight a few things that clients and advisors should focus on as we near the end of the year, including putting the finishing touches on estate plans, making annual exclusion gifts, charitable donations, and required minimum distributions from IRAs. Tune in to learn more and check back in the new year for fresh episodes on even more interesting, sophisticated estate planning strategies.

On this episode of “Future Focused: Sophisticated Estate Planning,” Partners Erin Nicholls and Michael Clear sit down with Partner Helen Heintz to discuss the intricacies of prenuptial agreements. From the nuances of defining separate and marital property to navigating potential pitfalls, they review the complexities and importance of prenups in protecting wealth. Helen also sheds light on the significance of full disclosure, the ideal timeline for drafting agreements, and addresses common misconceptions, offering valuable insights for professionals guiding their clients through the prenuptial process. Tune in to gain a comprehensive understanding of prenuptial agreements and how they play a crucial role in estate planning.

For many, pets are part of their family like any other family member, sometimes more so. That said, who cares for your pets after your death, and what money can be set aside for their support? Questions like these are addressed on this episode of “Future Focused: Sophisticated Estate Planning,” where Partners Erin Nicholls and Michael Clear discuss various estate planning approaches, including making a bequest, funding a pet trust and designating entrusted people to care for your pets after your death.

For many potential home buyers, purchasing a home can be daunting, especially in today's housing market. It is often a huge financial burden, and many will need some assistance to close the deal. On this episode of “Future Focused: Sophisticated Estate Planning,” Partners Erin Nicholls and Michael Clear discuss several available options to assist with purchasing a home for a family member, including intrafamily loans, purchasing through a trust, or gifting money. Tune into this episode to learn more and contact your Wiggin and Dana attorney with any questions and for further guidance.

There has been a longstanding effort globally and a lot of pressure on the United States to implement some sort of registry on a federal level for ownership of small and mid-sized entities. On today's episode of “Future Focused, Sophisticated Estate Planning,” Partners Erin Nicholls and Michael Clear chat with Partner Carolyn Reers about the Corporate Transparency Act (CTA), which requires disclosure of previously private beneficial ownership, formation, and management information for certain entities to the Federal government with the purpose of detecting and, ultimately, preventing money laundering and terrorist activities using these entities.Be sure to tune into this episode to learn how the CTA has dramatically changed the landscape of small to mid-sized business reporting in the United States and do not hesitate to contact your Wiggin and Dana Private Client Services attorney with any questions.

Funding education at any level can be a large expense and may require a lot of advanced planning. In this episode of "Future Focused: Sophisticated Estate Planning," hosts Erin Nicholls and Michael Clear discuss key strategies for funding educational expenses. They explore various options, including the direct payment of tuition, 529 educational funding plans, and the use of trusts. Erin and Michael highlight the flexibility and tax advantages of these strategies, making it a must-listen for clients as well as professionals in the field of estate planning. Be sure to tune into this episode to learn how to optimize these strategies to meet your needs and contact your Wiggin and Dana Private Client Services attorney if you have questions about funding educational expenses. Related Content: 3 Key Strategies for Funding Educational ExpensesEstate Tax Planning and the Often-Overlooked Power of the “Med-Ed Exclusion” Estate Planning for College-Aged Children

Trustees behaving badly? In this episode of "Future Focused," hosts Erin Nicholls and Michael Clear discuss trusts and mechanisms available for a trust beneficiary to remove a trustee. From understanding the roles of trustees and educating beneficiaries to exploring communication breakdowns, compromise options, and even judicial routes, Michael and Erin provide expert insights and strategies for reclaiming control and resolving trust-related grievances. Be sure to tune into this episode and contact your Wiggin and Dana Private Client Services attorney if you have questions about the role of a trustee or if you are considering removing a trustee.Related Content: Removal of Trustees: Practice Points and Strategy from Rodowicz v. Bernard Roles and Responsibilities of a Trustee with Wiggin and Dana partner, Michael ClearTrustee Selection Brochure

In this episode of “Future Focused,” Partners Erin Nicholls and Michael Clear discuss the operation of family foundations as a wealth planning strategy. They highlight the trade-offs between donor advised funds and private foundations, focusing on the annual requirements of private foundations. They cover topics such as federal reporting, the 5% minimum distribution requirement, state-level reporting, annual meetings, and grant-making best practices. This episode provides valuable insights for high-net-worth individuals interested in philanthropic endeavors and sheds light on the complexity of administering private foundations.Be sure to tune in and contact your Wiggin and Dana Private Client Services attorney to discuss charitable planning options that may be right for you or for your client.Related Content: 5 Key Annual Requirements for Private Foundations

In an ever-evolving landscape, it's crucial to audit an estate plan and ensure it keeps pace with your life. On this episode, Partners Erin Nicholls and Michael Clear dive into the importance of revisiting your estate plan, examining the impact of changes in asset levels, evolving inter-personal relationships, relocating to a new state, and changes tax laws. They provide valuable insight into conducting a successful estate plan audit, equipping you with the knowledge and tools to safeguard your legacy.Be sure to tune in and reach out to your Wiggin and Dana Private Client Services attorney to conduct an estate plan audit.

With summer swiftly approaching, many families will be celebrating high school graduations and making plans to send those children off to college. But many are not prepared for the reality that parents lose their ability to access health and financial information related to their children after those children become young adults. Parents, therefore, may find themselves unable to assist their child with critical decisions as a child moves away from the home, often to a college campus.On this episode Partners Erin Nicholls and Michael Clear highlight the key documents that are essential to ensuring financial and medical decision-making powers are in place should the unexpected happen. They will give insight as to why having a Power of Attorney, Health Care Documents and a Will in place is essential for many young adults.We know this time of year can be exciting and stressful for many families and adding one more item to the to-do list is not preferred, but using this major life event to (i) educate a young adult about estate planning and (ii) ensure continuity in care is vitally important. Tune into this week's episode to learn how Wiggin and Dana's Private Client Services team can help clients and their young adult children plan for the future.

On this episode, join Partners Erin Nicholls and Michael Clear as they dive into a discussion on jurisdiction selection in the context of advanced planning strategies. What does it mean to select a jurisdiction when establishing a trust, and what benefits are available when considering one jurisdiction over another? Erin and Michael address these questions and more, with a primary focus on the following factors: (i) the rule against perpetuities, (ii) bifurcation of trustee duties, and (iii) income tax implications. These and other factors help to determine which jurisdiction is best suited to address a client's specific goals. There is a lot to consider when selecting a jurisdiction for a trust, so tune into this episode to learn more and be sure to reach out to the Wiggin and Dana's Private Client Services team to further assist.

On this episode, join Partners Dan Daniels and Michael Clear as they discuss the importance of educating the next generation on an estate planning matters. From the protection of assets in cases of divorce or litigation, to aligning a child's assumptions with reality, you will gain insight on how best to structure a family meeting and facilitate a productive conversation for all members involved. Whether it be a pending marriage or a death in the family, these life events often trigger the need for a family meeting where family members can gain insight about the flow of assets under the plan and who has decision making powers. We know how difficult these conversations can be, so tune into this week's episode to learn how Wiggin and Dana's Private Client Services team can assist you in your own discussions with the next generation on estate planning matters.

On this episode, join Partners Erin Nicholls and Michael Clear as they discuss mechanisms we have at our disposal to “fix” an irrevocable trust. The use of decanting, which is traditionally thought of as moving all the assets of one trust to a new trust, is one such mechanism. With the adoption of the Uniform Trust Code in the majority of US States, Erin and Michael contrast the use of common law and statutory decanting, and highlight some of the requirements and issues with both approaches. For example, the situs of an irrevocable trust may need to move to a different jurisdiction. Although decanting is often relied upon to fix an irrevocable trust, there are potentially serious tax implications if not handled carefully. Fortunately, there may be other mechanisms available – stay tuned for our next episode on alternate ways to “fix” an irrevocable trust.

On this episode, join Partners Erin Nicholls and Michael Clear as they discuss key considerations when addressing Generation-Skipping Transfer (GST) Tax. With a particular focus on interesting planning opportunities and things to look out for when addressing GST tax. Erin and Michael emphasize the importance of thinking strategically about GST tax and its effects on estate planning. For example, if gifts to a grandchild are in the form of qualified education or medical expenses paid directly to the educational organization or medical provider, the gifts may qualify for the “Med-Ed Exclusion” and not be subject to GST tax. Also, in addition to the more well-known gift tax annual exclusion, each person has a GST tax annual exclusion amount that they may allocate to gifts made to certain individuals, thereby potentially qualifying these gifts as free from gift and GST tax. Keep in mind that planning for GST tax can be complicated, so tune into this week's episode for an overview of different ways to consider GST tax in estate planning.

On this episode, join Partners Michael Clear and Vanessa Maczko as they discuss estate planning considerations for digital assets, which often require special attention when compared to more traditional assets, like real property and marketable securities. For example, sentimental digital assets (such as social media accounts, email, photos on your computer or cell phone), may require specific language in your estate plan for your fiduciaries to access and protect them after your death. Cryptocurrency and other valuable digital assets (such as NFTs) require even more forethought to transfer to your beneficiaries. With that in mind, Michael and Vanessa offer insightful commentary on creative estate planning techniques for properly incorporating digital assets in an estate plan.Our article, "Understanding Digital Assets in the Context of Estate Planning" has additional reading on this topic. Read now.

In this episode, Erin Nicholls and Michael Clear discuss strategies for preserving family legacy assets across generations. With a particular focus on the management and division of interests in real property, such as family compounds and homesteads, Erin and Michael discuss considerations related to carrying costs, ownership structures, bloodline protection, and transfers of interest, while also being mindful of a family's overall estate planning goals.

Discussing Spousal Lifetime Access Trusts and strategies for using them for each spouse.

Discussing Spousal Lifetime Access Trusts (SLATs) and how they can be a great idea for clients considering making a large gift.

Understanding the role of trusts and how modern trusts can be designed for flexibility