Estate and Elder Law

Recent Posts

Morrison & Foerster LLP: Dynasty Trusts: The Perpetuities Patchwork and Other Considerations
Posted on 3 Dec 2012 by Morrison and Foerster LLP

By Genevieve M. Moore , Morrison & Foerster LLP As the year winds down, many of our clients are taking advantage of the unprecedented opportunity to make gifts of up to $5,120,000, per donor, free of any federal gift tax. Since the federal generation... Read More

Morrison & Foerster LLP: Gift Tax Planning Opportunities: The Window Is Closing
Posted on 24 Apr 2012 by Morrison and Foerster LLP

By Genevieve M. Moore & Richard S. Kinyon , Morrison & Foerster LLP As reported in this space over the last several months, there has been unprecedented upheaval in the federal transfer tax world in the last few years. One element of this was... Read More

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

Morrison & Foerster LLP: Issuing a Trust’s Promissory Note to Defer Payment of a Unitrust Amount Should Not Cause the Trust to Recognize Gain or Loss
Posted on 30 May 2012 by Morrison and Foerster LLP

By Danielle T. Zaragoza, Esq ., Morrison & Foerster LLP The basic concept of a unitrust is that a fixed percentage of the fair market value of a trust's assets, redetermined each year, is paid out to the "income" beneficiary, regardless... Read More

Morrison & Foerster LLP: Retirement Benefits for Domestic Employees
Posted on 3 Apr 2012 by Morrison and Foerster LLP

By Wendy M. Greenberg, Esq. , Morrison & Foerster LLP We have previously discussed in this space the possible tax traps related to clients' gifts and bequests to their employees. This article continues in that vein to provide some practical... Read More

Morrison & Foerster LLP: California Joins 25 Other States In Recognizing the Tort of Intentional Interference With Expected Inheritance – “Sorta”
Posted on 2 Oct 2012 by Morrison and Foerster LLP

By Joseph L. Wyatt, Jr. , Morrison & Foerster LLP Brent and Marc were committed partners for almost ten years; Marc's will on his computer (never executed) divided his estate equally between Brent and Marc's estranged sister Susan.... Read More

Morrison & Foerster LLP: Wills and Trusts: Different Standards for Capacity?
Posted on 31 Jul 2012 by Morrison and Foerster LLP

By Genevieve M. Moore , Morrison & Foerster LLP It is more and more common for individuals to use a revocable trust instead of a Will as their primary estate planning document, particularly in California where we practice. Although there is an up... Read More

Morrison & Foerster LLP: Funding the Family Foundation: Qualified Appreciated Stock
Posted on 5 Feb 2013 by Morrison and Foerster LLP

By Joy S. MacIntyre , Morrison & Foerster LLP In an earlier post we described some of the tax benefits - and challenges - associated with donating corporate securities to a family foundation or other private foundation. On the right facts, the donor... Read More

Morrison & Foerster LLP: Decanting a California Trust
Posted on 6 Sep 2012 by Morrison and Foerster LLP

By Joshua Glucoft,* Morrison & Foerster LLP In the administration of an irrevocable trust, situations can arise that were beyond the anticipation of the trustor. Therefore a trustee may want to "decant" a trust by transferring funds... Read More

Morrison & Foerster LLP: Making Gifts Using Defined Value Clauses: Not Necessarily Void as Against Public Policy
Posted on 3 Sep 2012 by Morrison and Foerster LLP

By Danielle T. Zaragoza, Esq ., Morrison & Foerster LLP Given the relatively large federal gift tax applicable exclusion amount available for taxable gifts in 2011 and 2012, many clients have made or are considering making significant gifts... Read More

Morrison & Foerster LLP: Making Gifts Using Defined Value Clauses: Not Necessarily Void as Against Public Policy
Posted on 21 Aug 2012 by Morrison and Foerster LLP

By Danielle T. Zaragoza, Esq ., Morrison & Foerster LLP Given the relatively large federal gift tax applicable exclusion amount available for taxable gifts in 2011 and 2012, many clients have made or are considering making significant gifts... Read More

Morrison & Foerster LLP: Issuing a Trust’s Promissory Note to Defer Payment of a Unitrust Amount Should Not Cause the Trust to Recognize Gain or Loss
Posted on 30 May 2012 by Morrison and Foerster LLP

By Danielle T. Zaragoza, Esq ., Morrison & Foerster LLP The basic concept of a unitrust is that a fixed percentage of the fair market value of a trust's assets, redetermined each year, is paid out to the "income" beneficiary, regardless... Read More

Morrison & Foerster LLP: Gift Tax Planning Opportunities: The Window Is Closing
Posted on 24 Apr 2012 by Morrison and Foerster LLP

By Genevieve M. Moore & Richard S. Kinyon , Morrison & Foerster LLP As reported in this space over the last several months, there has been unprecedented upheaval in the federal transfer tax world in the last few years. One element of this... Read More

Morrison & Foerster LLP: Retirement Benefits for Domestic Employees
Posted on 3 Apr 2012 by Morrison and Foerster LLP

By Wendy M. Greenberg, Esq. , Morrison & Foerster LLP We have previously discussed in this space the possible tax traps related to clients' gifts and bequests to their employees. This article continues in that vein to provide some practical... Read More

Morrison & Foerster LLP: Wills and Trusts: Different Standards for Capacity?
Posted on 31 Jul 2012 by Morrison and Foerster LLP

By Genevieve M. Moore , Morrison & Foerster LLP It is more and more common for individuals to use a revocable trust instead of a Will as their primary estate planning document, particularly in California where we practice. Although there is... Read More