Recent Publications - Trusts & Estates
August 20, 2021 |
Welcome to the Governor’s office, Ms. Hochul. Unfortunately, congratulations are hardly in order; indeed, a wish for good luck seems much more appropriate.
I suppose you realize that the last round of tax legislation, enacted in April by the Democratic-controlled Assembly and Senate – veto-proof super majorities in both Chambers – resulted in a tax
Read MoreJuly 28, 2021 |
Sometimes, the terms of an irrevocable trust (one that cannot be amended or revoked) were fine at the time the trust was created, but subsequent events or circumstances make the terms of the old trust impractical, unwanted, or obsolete. So, what can be done?
Originally published in Lloyd Harbor Life, July 2021. Read the full article here.
Read MoreJuly 13, 2021 |
President Biden’s proposed changes to the Internal Revenue Code, known as the American Families Plan, was unveiled at the end of April 2021. These changes are intended to accomplish three goals: (1) fund the government’s efforts against the pandemic, (2) support new social programs, (3) enable tax cuts for lower-income families. The measures aim to
Read MoreJuly 6, 2021 | |
NH vs MA
Last week, the U.S. Supreme Court denied New Hampshire’s request that the Court exercise its original jurisdiction under the Constitution[i] to hear and resolve a conflict involving the taxation by Massachusetts of income earned by certain residents of the Granite State.[ii]
The disagreement between the two jurisdictions originated when Massachusetts, in response
Read MoreJune 28, 2021 | |
Not Good
As Mr. Biden settled into the White House, and as the Democrats began planning how to best utilize their slim Congressional majority to enact and pay for their sweeping legislative agenda, the principal concern among most owners of successful closely held businesses was Mr. Biden’s proposal to almost double the federal income tax
Read MoreMay 27, 2021 |
Oftentimes, in the summer, we return to the topic of changing your residence for state tax purposes. There are five factors which the tax authorities will look to in determining whether someone has changed their residency. This is frequently referred to synonymously as one’s “domicile” for tax purposes: (1) physical presence, (2) home, (3) family
Read MoreApril 8, 2021 |
On February 16, 2021, New York state legalized compensated gestational surrogacy. The Child-Parent Security Act (the Act) imposes estate planning requirements on the intended parents.
Required Estate Planning
Prior to implanting the embryo in the surrogate, the intended parent(s) must sign a will. The will must:
- designate a guardian for all children born of
April 5, 2021 |
According to Justice Learned Hand, “Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one’s taxes.” Stated differently, taxpayers have the right to pay only
Read MoreMarch 26, 2021 | |
Estate tax “reform” continues to be a prime objective for Democrats.
On the heels of more and more talk in Washington about the inequality of the U.S. tax system, Senator Bernie Sanders has just introduced legislation to impose a progressive tax on America’s wealthiest 5%. According to the Joint Committee on Taxation, the goal of
Read MoreFebruary 24, 2021 |
The new Netflix movie, “I Care a Lot,” is truly terrifying. Like many thrillers, this movie begins with a relatable premise and a relatable fear. In this case, it is the fear of dependence and exploitation.
The film builds on those fears until our very worst nightmares are playing out before our eyes.
Unbeknownst to
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