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Avoid Capital Gains Tax by Rethinking the Credit Shelter Trust
Estate planning attorneys have traditionally employed a number of strategies designed to minimize or eliminate estate tax liability for their clients. While many of these strategies increased capital gains tax liability by forfeiting a basis step-up, with federal estate tax rates of up to 40%, capital gains tax was the preferable tax to pay. Changes…

6 Estate Planning Questions, Answered
Estate planning is a personalized process impacted by each individual’s unique family and financial circumstances. Estate planning attorneys are often asked the following questions, and the answers are important to understand as you prepare your estate plan. 1. What Is the Difference Between a Will and a Trust? A will is a document that directs…
Enactment of the Special Needs Trust Fairness Act
On Tuesday December 13, 2016, President Obama signed the 21st Century Cures Act. Several pieces of the legislation focus on medical breakthroughs. It also includes the Special Needs Trust Fairness Act. Elder law attorneys across the country have been advocating in support of the Fairness Act for years. The passage of the Fairness Act means…
Third-party Contract Beneficiaries
Frequently, an individual or entity not a party to a specific contract may be affected by a breach to that contract. For example, a municipality may contract with a landscaper to periodically remove brush and other shrubbery encroaching on a road. A homeowner uphill from that road gains a benefit from this contract as it…
New Federal Firearm Rule Protects Personal Representatives
An upcoming change in federal gun regulations stands to clarify the responsibilities of personal representatives of estates that include certain types of firearms. Early this year, U.S. Attorney General Loretta Lynch signed ATF Rule 41F, which makes significant changes to federal regulations regarding transfers of firearms covered by the National Firearms Act (NFA). The NFA…