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Archive for the ‘Estate, Gift & GST Planning’ Category

Section 2704 Proposed Regulations Withdrawn!

Trust and Estate Attorney Orlando
Published: October 19th, 2017

By: Matthew J. Ahearn Brian M. Malec

Last August, Dean Mead reported on the issuance of proposed regulations under Code section 2704 that would have significantly curtailed valuation discounts applicable to transfers of interests in closely-held family businesses for tax purposes.  These proposed regulations were seen as one of the most important developments in the estate planning community in recent memory, and […]

IRS Attack on Valuation Discounts Creates Urgency for Transfer Tax Planning Prior to Year-End

Trust and Estate Attorney Orlando
Published: August 23rd, 2016

By: Matthew J. Ahearn Brian M. Malec

On August 2, 2016, the IRS issued proposed regulations under Code section 2704 that, if finalized in their current form, will effectively eliminate any meaningful valuation discounts for transfers of interests in family-controlled entities between family members. The issuance of these proposed regulations is one of the most important developments for high net worth families […]

Long-Awaited Proposed Regulations for Section 2704 Issued!

Published: August 2nd, 2016

By: Dana M. Apfelbaum

Section 2704 of the Internal Revenue Code provides for special rules relating to the valuation of transfers of business interests to certain family members for estate, gift, and generation-skipping transfer tax purposes (collectively the “transfer taxes”).  Practically, § 2704 limits the ability to lower the value of a business interest as determined for transfer tax […]

Improvements Made to Florida’s Estate Tax Apportionment Statute in ActionLine

Published: July 29th, 2015

By: David J. Akins

David J. Akins recently co-authored the article titled; Improvements Made to Florida’s Estate Tax Apportionment Statute which was published originally in the Florida Bar RPPTL Section’s ActionLine, Summer 2015 issue. The article may be viewed in its entirety HERE.   David J. Akins is a shareholder in the Orlando office of the Dean Mead law firm. He received […]

Dean Mead Welcomes Michelle Naberhaus: Probate, Trust and Guardianship Litigator

Published: May 11th, 2015

VIERA, Fla. – (May 11, 2015) – Dean Mead, a business law firm with five offices across Florida, announced that Michelle L. Naberhaus has joined its Brevard County office as Of Counsel in the Estate and Succession Planning department. Naberhaus has more than 15 years of experience and is well-known throughout the Space Coast for […]

Brian Malec on Florida’s Family Trust Company Legislation in ActionLine

Published: November 20th, 2014

By: Brian M. Malec

Brian Malec on Florida’s Family Trust Company Legislation   Brian M. Malec, attorney in our Orlando office, recently co-authored Florida Enacts Family Trust Company Legislation with Scott A. Bowman. The article was published in ActionLine; Fall 2014 edition. Brian was one of the principal authors of Florida’s Family Trust Company Legislation. Click HERE to view the article.

Consequences of Modification of a QTIP Trust Settlement

Published: October 23rd, 2014

By: David J. Akins

Consequences of Modification of a QTIP Trust Settlement: One Scenario in ‘The Tale of Moné Baggs Smith’ A “QTIP” trust is a “Qualified Terminable Interest Property” trust. It is often used by spouses in a second or subsequent marriage where at least one party has children from a previous marriage. The QTIP trust allows the […]

How to Modify a Credit Shelter Trust without Destroying Tax Benefits

Published: September 4th, 2014

By: Brian M. Malec

How to Modify a Credit Shelter Trust without Destroying Tax Benefits A credit shelter trust, often referred to as the “Family Trust,” helps married couples avoid estate taxes when passing assets to their heirs. Upon the death of the settlor, the spouse benefits from the trust assets and the income they generate for the remainder […]