Estate planning for non-traditional married clients, such as those in same-sex marriages, can be complex, especially in the face of evolving legal landscapes and potential changes in the recognition of such unions. Given the shifting legal grounds, estate planning attorneys must employ a combination of foresight, flexibility, and a deep understanding of both state and…

Consistent with its announcement of February 27, 2025, and the Department of the Treasury’s announcement of March 2, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule on March 21 which is effective immediately upon publication in the Federal Register. In the interim final rule, the definition of “reporting company” is limited…

Gun trusts represent a unique and specialized area of estate planning, catering specifically to the ownership, transfer, and inheritance of firearms under U.S. law. With the intricate interplay of state and federal regulations, particularly the National Firearms Act (NFA), establishing a gun trust can provide crucial benefits but requires careful legal navigation.  For more detail,…

InterActive Legal kicked off its 2025 Speaker Series with an enlightening webinar featuring a panel of seasoned trust officers who considered a variety of trust provisions from their unique perspectives.  The webinar, led by Abigail O’Connor, Chief Fiduciary Officer at Peak Trust Company, aimed to bridge the gap between estate planning attorneys and fiduciaries to…

FinCEN’s latest announcement on beneficial ownership information (“BOI”) reporting under the Corporate Transparency Act was issued yesterday – February 27th.  In the notice, FinCEN stated that it will not be enforcing the current March 21st reporting deadline.   Yesterday’s announcement promises more information from FinCEN by March 21st in the form of an “interim final rule” that…

Yesterday, in Smith v. U.S. Department of the Treasury, et al., 6:24-cv-00336 (E.D. Texas), the U.S. District Court for the Eastern District of Texas stayed its order dated January 7, 2025, which enjoined enforcement of the beneficial ownership information reporting requirements under the Corporate Transparency Act (the “CTA”) nationwide.  The stay of this order allows the CTA’s…

Legal Language as Software Code: In Defense of Per Stirpes The call for “plain English” in estate planning is louder than ever. Clients want documents they can read and understand—something simple, short, and free of “legal mumbo jumbo” like per stirpes. At first glance, it’s a reasonable request. Why confuse a client when we can…

This article outlines third-party special needs trust topics to discuss with your client; such as Disability, Reviewing the Joinder Agreement, Funding the Sub-Account, and more.