State of Estates

Hollywood and pop culture have created a lot of misconceptions when it comes to prenuptial agreements, also colloquially known as "prenups." These are actually part of a broader class of agreements, called marital agreements, which are intended to govern property rights if a marriage terminates or, even in certain states, if there is no intent to get married but common law marriage could be claimed at a later date. This discussion goes over some of the common-law basic requirements for marital agreements, and touches on some common pitfalls.

We will briefly discussed what has happened to the estate and gift tax exclusions. More importantly, we will discuss planning opportunities now available for your clients as a result of these changes.

Much has been written about how a limited liability company (LLC) can be a useful tool for protecting and managing assets, including rental real estate and investments. With recent tax reform, you will likely field many more calls from clients seeking the benefits of the LLC. However, there are some pitfalls to be aware of, some of which we will discuss.

Clients who have prepared a will or trust are often surprised to find that beneficiary designations override their estate planning documents. The recipients of life insurance, retirement benefits, and even survivorship interests in annuities are often predetermined. In some cases, a client may also have inadvertently added a beneficiary to a cash or investment account. Meshing the estate planning documents, and beneficiary designations, is part art, part science. Join us as we discuss the general guidelines, and common mistakes, in beneficiary designations.

Traditionally, marital trusts have been thought of primarily as a tax planning technique. However, with the ever-looming possibility of estate tax reform or repeal, it is important to take a second look at the functions of a marital trust. Even though this type of trust may not be necessary for tax planning purposes, it has many non-tax goals which are relevant to clients, especially those with blended families. Join us as we discuss how marital trusts may continue to be relevant in a world without estate taxes.