Post-Election Estate Planning: What to Do For Clients In November and December of 2020
The 2020 election demonstrated that the projected Democratic sweep did not occur. Former Vice President Biden won the Presidency but that is still being challenged. The Republicans have control of the Senate it appears, but two runoff elections in Georgia in January 2021 may provide the Democrats a chance to pick up two additional seats making the Senate evenly split between Democrats and Republicans. What does this all mean to clients that were engaged in planning in anticipation of the Blue Wave that did not happen? Why should that planning generally continue? When and why in some instances might prior planning be modified? What types of planning make sense to implement? How might prior planning be changed for clients that view the planning landscape differently? This presentation will review the use of GRATs, SLATs, Hybrid-DAPTs, SPATs and other techniques, step-transactions concerns, reciprocal trust doctrine concerns and in particular how the somewhat ambiguous election results may affect these techniques and issues. The focus will be on practical advice to give clients now, and planning steps to take now!
Mr. Blattmachr is a Principal in ILS Management, LLC and a retired member of Milbank Tweed Hadley & McCloy LLP in New York, NY and of the Alaska, California and New York Bars. He is recognized as one of the most creative trusts and estates lawyers in the country and is listed in The Best Lawyers in America. He has written and lectured extensively on estate and trust taxation and charitable giving.
Robert S. Keebler, CPA, MST, AEP (Distinguished) is a partner with Keebler & Associates, LLP and is a 2007 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planners & Councils.
Robert has been named by CPA Magazine as one of the Top 100 Most Influential Practitioners in the United States and one of the Top 40 Tax Advisors to Know During a Recession. His practice includes family wealth transfer and preservation planning, charitable giving, retirement distribution planning, and estate administration.
Martin M. Shenkman is an attorney in private practice in Fort Lee, NJ, and New York City. His practice concentrates on estate and tax planning, planning for closely held business, and estate administration. Mr. Shenkman is an author of over 42 books and more than 1,000 articles. He is an editorial board member of Trusts & Estates Magazine and the Matrimonial Strategist, and an advisor for InterActive Legal. He is the recipient of many awards including being a 2013 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planning Counsels. Mr. Shenkman was named Financial Planning Magazine 2012 Pro-Bono Financial Planner of the Year for his efforts on behalf of those living with chronic illness and disability. Investment Adviser Magazine featured him on the cover of its April 2013 issue naming as the lead of their “all-star lineup of tax experts.”