Who among us does not have clients with ties to another country? These international connections often raise special considerations in estate planning. This article offers an overview of key U.S. estate tax rules that apply when clients have cross-border ties, while putting aside, for now, the related (and complex) topics of gift tax, income tax,…

Estate plans for business owners rarely fail because of poor drafting. They fail when the documents are sound but the situation is not.They fail when the plan is built on assumptions no one tested. This is especially common in estate planning for family business owners, where the success of the plan often depends on how…

Regardless of what financial or estate planning strategy is considered, and whether the goal is to protect wealth from creditor claims, minimize income tax or reduce estate and gift tax, there is one factor that is the heart of the most successful outcomes.  And that is the return on the investments or assets used in the strategy.  Take…

If you work in or around the elder law space, you’ve probably felt it: a quiet resistance from prospective clients who should be a perfect fit—but don’t quite see themselves in what you do. They hesitate.  They delay.  Or worse, they only show up when something has already gone wrong. And while there are many…

The greatest risk to estate planning attorneys today isn’t that AI will replace them. It’s that clients will believe it can. With platforms like Trust & Will, LegalZoom, and even ChatGPT offering “quick and cheap” solutions, many potential clients are being lulled into thinking estate planning is nothing more than filling in blanks on a…

The joint representation of couples in estate planning presents a unique set of ethical challenges and considerations for attorneys. Whether dealing with married or unmarried couples, or even other related family members, lawyers must navigate the delicate balance between confidentiality, conflicts of interest, and the best interests of each client. This blog post explores these…

The saying that the only things that are certain are death and taxes is attributed to Benjamin Franklin. There are other certainties of course, but for attorneys like me who think about estate taxation, death and taxes are a daily focus. And right now, while those things are certain, the tax laws themselves are arguably…

For many Americans, estate planning is perceived as a concern primarily for the very wealthy. However, mid-net worth families—those who may not be subject to federal estate taxes but still have significant assets to protect—need careful planning to ensure their legacies are preserved and passed on according to their wishes. This blog explores effective estate…

The enactment of the Setting Every Community Up for Retirement Enhancement (SECURE) Act in December 2019 marked a significant shift in the landscape of retirement and estate planning. This legislation introduced changes that affect how retirement accounts are managed after the account holder’s death, specifically altering the distribution rules that estate planners have relied upon…

“Over my career, I have found that some people view estate planning as one of the easier areas of law to practice.  Attorneys who work in this area know the reality, however  – estate planning is not easy. “ Clients Think Estate Planning is Easy I practiced for 17 years doing estate plans for all levels…