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House Tax Cuts and Jobs Act Contains Significant Tax Changes Impacting Estate Planning

Trust and Estate Attorney Orlando
Published: November 3rd, 2017

By: Matthew J. Ahearn Brian M. Malec

On November 2, 2017, the House introduced the highly anticipated Tax Cuts and Jobs Act (“TCJA”).  If enacted in its current form, the TCJA would be the largest tax overhaul since 1986.  This Article will address certain provisions of the proposed legislation that impact estate planning. The TCJA generally maintains the current transfer tax regime […]

2018 Inflation Adjusted Transfer Tax Exclusions and Exemptions

Trust and Estate Attorney Orlando
Published: October 26th, 2017

By: Matthew J. Ahearn

On October 19, 2017, the IRS published in Rev. Proc. 2017-58 inflation adjusted exemptions and exclusions from the Federal gift, estate and generation-skipping transfer taxes, which are summarized in the following table: Inflation Adjustments for Federal Transfer Tax Exclusions and Exemptions 2017 2018 Gift Tax Annual Exclusion $14,000 $15,000 Estate and Gift Tax Lifetime Exemption […]

Section 2704 Proposed Regulations Withdrawn!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 […]

Failure to Follow Signing Formalities Can Sink an Estate Plan

Published: June 6th, 2017

By: Brad Gould

Wills and trusts must be executed with certain formalities. If those formalities are not strictly complied with by the parties, the documents may be disregarded. In the case of Kelly vs. Lindenau, a grantor’s failure to have two witnesses sign a trust amendment resulted in the invalidity of the trust amendment. The grantor, Ralph Falkenthal, […]

The Pros & Cons of ESOPs – Is This Succession Planning Tool for You?

Published: October 26th, 2016

By: Joseph “Jay” Van Heyde II

Many business owners who are at or nearing retirement age are facing the difficult task of developing a business succession plan in order to reap the benefits of years spent developing a successful business. Often times, there is no “next generation” to inherit or carry on the family business or no team of key management […]

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 […]

Out of State Counsel Beware: Estate Claims Must Be E-Filed

Published: August 8th, 2016

It has frequently been said that “it is the little things that get you.” That certainly holds true in the practice of law. A recent decision from the Fourth District Court of Appeals provides an illustration of the accuracy of that saying. It also provides an example of the dangers faced by attorneys attempting to […]

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 […]