So, is estate planning an art or a science? The Wall Street Journal finds that " Estate Planning: It's an Art, Not a Science ". The article posits: "It is logical that an estate plan should offer a clear map of what a person owns, but... Read More

On January 15, 2009, Massachusetts adopted the Uniform Probate Code, St.2008, c.521. The new law repeals current chapters 189, 190 and 190A. Some changes are effective July 1, 2009, while others will not take effect until July 1, 2011. Matthew Bender’s... Read More

Family limited partnerships (FLP) are often proposed by estate planning advisors as a vehicle for making gifts to family members at a discount. Over the years, a substantial amount of litigation has established some limits for a valid family partnership... Read More

In contrast to this time last year, when clients were frantically gifting to save estate tax before adverse tax law changes, this year has returned to the norm, with more traditional and routine end of year planning. In December 2012, Congress at the... Read More

A common plan among our married clients is to leave their property to their spouse, either outright or in trust - oft-referred to as the "I Love You" Will. Sometimes, love is lost and the couple divorces. We recommend our clients update their... Read More

The U.S. Supreme Court recently handed down its decision in the case of Astrue v. Capato. The circumstances of the case are ones most of us will never experience. Nonetheless, the case has lessons for everyone. It underscores the importance of creating... Read More

The months of March and April 2010 have brought new tax legislation that increases Federal taxes on both high and lower income taxpayers. The following is a brief overview of the new tax provisions and potential future legislation which would adversely... Read More

Finally. For those who have been following, the issue of “digital assets” is a fast developing problem in the estate planning world. Putting aside for a moment who has the right to “inherit” your assets, the bigger problem with... Read More

By Peter K. Kelly, Esq. Of Counsel, Ruskin Moscou Faltischek P.C. A nuptial agreement which waives certain rights under equitable distribution must be in writing, subscribed by the parties and acknowledged in the manner entitle for a deed to be... Read More

In 2006, the legislature enacted changes to the Public Health Law designed to minimize family conflicts concerning the disposition of the decedent’s remains. (see, Laws of 2006, chapter 76). Where a client anticipates possible problems with her... Read More

Who would have thought it, but the 1041 income tax return for an estate could make the beneficiaries money. Many times an estate may have deductions in excess of its income. An estate's income would include any items of income earned by the estate... Read More

Over the years, estate planning attorneys have drafted documents for same sex couples (legally married, civil union, or domestic partnership) without knowledge of whether the couple's relationship would ever receive federal recognition. Only couples... Read More

The Wealth Strategies Journal posted a sample/model letter concerning client updates on the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010. The letter summarizes the Act's important changes and offers insights on... Read More

January 1, 2009 marks an unprecedented increase in the amount a person can die with and pay no estate taxes (the exemption) from $2,000,000 to $3,500,000. But if you have an A/B Trust or a QTIP Trust, you need to re-evaluate it in light of this... Read More

ASSET PROTECTION STRATEGIES by David M. Watts, Jr. Durng the estate planning process a question we are frequently asked relates to the best way to protect assets from creditors. The easy answer, although not the most satisfactory, is to give... Read More