Estate and Elder Law

Recent Posts

Morrison & Foerster LLP: Doing the Math: Interest Rate Trends and Common Estate Planning Techniques
Posted on 29 Jun 2012 by Morrison and Foerster LLP

By Wendy M. Greenberg, Esq. , Morrison & Foerster LLP The interest rate used to determine actuarial valuations of certain retained or remainder interests for purposes of federal gift and estate tax, commonly referred to as the "7520 rate"... Read More

Converting to a Roth IRA: Key Considerations and Estate Planning Opportunities
Posted on 12 Mar 2010 by Sonja K. Johnson, Esq.

Until now, the option of contributing to a Roth IRA was limited to those individuals with modified adjusted gross incomes below roughly $176,000 (for married taxpayers filing jointly) or $120,000 (for single taxpayers or those filing as head of household... Read More

Tax Court Memo 2010-104: A New IRS Tool for Valuing Gifts of Undivided Interests in Real Property
Posted on 21 Jun 2010 by Genevieve M. Moore, Esq.

A recent Tax Court decision has caught the attention of estate planners and appraisers because of its implications for gifts of undivided interests in real property. The case at issue is Ludwick v. Comm'r, T.C. Memo 2010-104 (May 10, 2010) . In... Read More

Bullivant Houser Bailey PC: Building Blocks in Estate Planning
Posted on 22 Mar 2012 by Bullivant Houser Bailey PC

By Darin Christensen The following represent opportunities to address important issues in your estate plan. In some cases, these will be reminders about conditions that often are overlooked. In others, these will highlight alternatives that may... Read More

McNees Wallace & Nurick LLC: Gifting and Marcellus Shale
Posted on 13 Dec 2011 by McNees Wallace & Nurick LLC

By J. Corey Reeder When estate planning lawyers discuss gifting as an estate planning strategy with clients, there are a few very important components to this discussion that must be reviewed in order to most effectively leverage gifting as ... Read More

Williams Mullen: IRS Grants Extension of Time to Make Late Portability Election
Posted on 19 Mar 2012 by Williams Mullen

BY: JOHN H. TURNER, III & JEFFREY D. CHADWICK In December 2010, Congress created a new right of "portability" between spouses,to remedy the circumstance in which spouses were unable or unwilling to engage in estate tax planning. For deaths... Read More

Bullivant Houser Bailey PC: Building Blocks in Estate Planning (update)
Posted on 17 Apr 2012 by Bullivant Houser Bailey PC

By Darin Christensen The following represent opportunities to address important issues in your estate plan. In some cases, these will be reminders about conditions that often are overlooked. In others, these will highlight alternatives that may... Read More

Continued Uncertainty Around IRC § 2511(c): Notice 2010-19 Provides Guidance But Unanswered Questions Remain
Posted on 1 Jun 2010 by Danielle T. Zaragoza

Upon repeal of the federal estate tax laws, many estate planners were forced to take a closer look at specific sections of the Internal Revenue Code affected by repeal. One provision that has received particular attention is section 2511(c) , which... Read More

Bullivant Houser Bailey PC: Oregon Replaces Inheritance Tax with Estate Tax
Posted on 18 Jul 2011 by Bullivant Houser Bailey PC

By Darin Christensen On June 28, Governor Kitzhaber signed a bill that will replace Oregon's inheritance tax with an estate tax. The estate tax is similar to the former inheritance tax, but has several substantial differences and provides some... Read More

Morrison & Foerster LLP: An Odd [Internal Revenue Code] Couple: The Health Reform Law and — The Economic Substance Doctrine? How Come? And What Effect on Estate Planning?
Posted on 2 Mar 2011 by Morrison and Foerster LLP

By Joseph L. Wyatt, Jr. Morrison & Foerster LLP The Health Reform Act of 2010 [ Health Care and Education Affordability Reconciliation Act of 2010 ] occupies 2,377 pages, of which only one page, occupied by section 1409 of that Act, enacts... Read More

An Update on Planning for Pets and the Pet Trust
Posted on 21 Nov 2011 by Kathy A. Jordan

By Prof. Michael T. Flannery Excerpt: When preparing a revocable living trust for a client, consider the client's desire to plan for companion animals, which is an increasingly important option for pet owners. As of mid-2011, approximately 62... Read More

Rapkin on New Valuation Tables
Posted on 15 Jun 2009 by Stephanie Rapkin

The Internal Revenue Service (IRS) valuation tables used to determine the value of a life estate, annuity or remainder interest are required to be updated by the IRS every 10 years. The new tables were released on April 29, 2009, and they reflect an increase... Read More

Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 Provides Unique Estate, Gift and GST Planning Opportunities
Posted on 29 Dec 2010 by GreenbergTraurig

On December 17, President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act (the 2010 Tax Act). Under the 2010 Tax Act, individuals can take advantage of the most favorable estate, gift and generation-skipping... Read More

Sablone on Family Limited Partnerships
Posted on 16 Jun 2009 by Kathleen M. Sablone

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

Primary Tax Considerations in Planning for Succession to Family Homes
Posted on 9 Aug 2010 by Nancy G. Henderson

Estate planning for the succession to family properties requires careful consideration of a number of complicated, and sometimes conflicting, tax laws. In this Analysis, Nancy G. Henderson discusses primary tax considerations in estate planning for... Read More