Tag Archives: Trust Fundamentals

Creative Planning with Completed Gift Self-Settled Dynasty Trusts

Hear from Jonathan E. Gopman, a partner at Akerman Tax, Trusts, and Estates, on Creative Planning with Completed Gift Self-Settled Dynasty Trusts. He discusses why you would want to use a completed gift self-settled dynasty trust, along with how to design these trusts to accomplish your client's tax objectives. Topics include:
- Gift and Estate Taxes
- Completed vs. Incomplete Gifts
- How to Structure a Completed Gift
- Gift Splitting
- Layering in Asset Protection
- 4 Fact Patterns

If you have questions about dynasty trusts or questions on how to set one up, contact Peak Trust Company. The trust experts at Peak Trust Company are ready to answer any questions you may have.

Benefits of Nevada’s Trust and Estate Laws: Layne Rushforth

In this episode of Conversations With Trust Experts, guest speaker Layne Rushforth discusses the benefits of Nevada trust and state law. Layne is recognized as one of the top leading trust and state attorneys with years of experience in Nevada. Listen to the podcast below to learn about the great advantages of Nevada for trust planning!

In this podcast, Layne first describes the benefits that come with choosing Nevada for a domestic asset protection trust. He then discusses the pros and cons of foreign asset protection trusts versus Nevada trusts. Layne also touches on the tax benefits that Nevada offers, as well as directed trust statutes and the benefits of Nevada trust law versus other states.

Peak Trust Company, a Nevada trust company, has trust experts that can help you with your trust planning needs. Contact us today to get started.

GRATs – How To Use and Structure GRATs in Late 2020

Grantor Retained Annuity Trusts (“GRATs”) are a powerful planning tool especially in an environment with low-interest rates and suppressed asset values. But there is much more to how GRATs should be used in the current late 2020 environment. When might GRATs be an appropriate technique to use for a client?

When might other techniques be preferable? Since much of late 2020 planning is premised on the assumption of a Democratic sweep leading to the enactment of tax legislation along the lines of the provisions contained in President Obama’s Greenbook and the Sanders tax proposal (and who really knows) how might those types of changes influence how you structure GRATs now? Are short term GRATs still the optimal application of the technique? How might GRAT immunization change? How and why GRATs should be as granular as feasible? Might a very long term 99-year GRAT make sense? When and why? Speakers: Jonathan Blattmachr Esq. and Martin Shenkman, Esq. Sponsors: Peak Trust Company and Interactive Legal

Have questions or want to learn more about Grantor Retained Annuity Trusts? Contact Peak Trust Company’s team of experts.

What asset protection strategies to discuss with clients now: Gideon Rothschild

Join Gideon Rothschild as we discuss what asset protection strategies to discuss with clients now. We discuss first the current situation regarding COVID-19 and US elections and how it may affect protection and clients. Later we address many strategies to protect businesses. Listen to the podcast below to find out!

Self Settled Life Insurance: A Viable Alternative?

Self-Settled Trusts Should Not Be Included in a Decedent’s Taxable Estate – Analysis

Section 2036(a)(1):

  • Assets gifted by Decedent (in trust or otherwise) but Decedent retained for life:
    • “The right to the income from”; or  “The possession or enjoyment of” such assets
    • If so, the assets are included in Decedent’s Gross Estate

Section 2036(a)(1):

  • In a self-settled trust, the client/settlor does not retain the right to income (or principal)
  • Does the client/settlor retain “possession or enjoyment of” the trust assets for life?

Section 2038:

  • If the Settlor of a trust retains the right to alter, amend, revoke or terminate the trust at death, the assets will be includible in the Settlor’s Gross Estate.
  • BUT, in the properly designed self-settled trust, the Settlor does not retain any such powers.

Spousal Lifetime Access Trusts: A Key Planning Tool

Spousal lifetime access trusts (“SLATs”) may be the most common planning technique for married clients to use in 2020 as the tax environment remains uncertain after the election.

This webinar will explore how to:

–Plan for a married client using SLATs (or some unmarried one where SLAT may mean Sibling Lifetime Access Trust)

–How to structure the SLATs

–How to draft a SLAT

–What provisions to consider including in the SLATs

–Sample clauses for some of those provisions

–Ancillary planning, documentation and implementation of a SLAT including due diligence before funding, funding, and more

This all presumes you have reviewed optional planning techniques and settled on a SLAT. We will not discuss the optional planning and how you get to the SLAT as the decided technique.