Wealth and Law

Wealth and Law
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Jul 31, 2024 • 37min

Basics of Spousal Lifetime Access Trusts

Brent chats with Justin Miller about Spousal Lifetime Access Trusts (SLATs). They explain what these trusts are, how they can be used to save estate taxes, and when to consider one. They also dive into some of the planning challenges and how to select good assets for SLATs. Justin Miller is a partner and the national director of wealth planning at Evercore Wealth Management, counseling advisors and clients on complex taxation, trusts and estates, charitable planning and family governance issues. He additionally serves as a senior wealth and fiduciary advisor at the San Francisco office of Evercore Wealth Management and Evercore Trust Company NA. Prior to joining Evercore in 2021, Mr. Miller was a national wealth strategist for 10 years at BNY Mellon. He previously was a managing director at Wells Fargo and began his career as a tax attorney at Sidley Austin. Mr. Miller is an adjunct professor at Golden Gate University School of Law, a fellow of the American Bar Foundation, and a fellow of the American College of Trust and Estate Counsel. He has served in leadership positions with the American Bar Association, California Bar Foundation, San Francisco Estate Planning Council and State Bar of California, and is a former editor-in-chief of California Tax Lawyer. Additionally, he is a past recipient of the Outstanding Conference Speaker Award from the California Society of CPAs and the V. Judson Klein Award from the California Tax Bar. Mr. Miller earned a B.A. with honors from the University of California, Berkeley and a J.D. and LL.M. in taxation from New York University School of Law. He holds the accredited estate planner designation, and is a certified financial planner and a member of the State Bar of California. You can find Justin here Justin Miller – Evercore This material is for informational purposes only. The views expressed are those of the speaker as of the date noted and not necessarily of the speaker’s firm or its affiliates. If you are enjoying the podcast please SUBSCRIBE and leave a REVIEW, and if you want to learn more about Brent go to https://wealthandlaw.com/team/. Legal Disclaimer: https://wealthandlaw.com/legal-disclaimer/
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Jul 24, 2024 • 25min

The Death of Chevron

Brent discusses the US Supreme Court’s Loper Bright case. In the case the Supreme Court overturned its own legal doctrine called Chevron deference. Brent talks about the case, what the justices said, and what the case might mean for tax regulation and planning in the future. This material is for informational purposes only. The views expressed are those of the speaker as of the date noted and not necessarily of the speaker’s firm or its affiliates. If you are enjoying the podcast please SUBSCRIBE and leave a REVIEW, and if you want to learn more about Brent go to https://wealthandlaw.com/team/. Legal Disclaimer: https://wealthandlaw.com/legal-disclaimer/
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Jul 17, 2024 • 37min

The Many Problems with S Corporations

Naomita Yadav, Withersworldwide partner, discusses S Corporations' issues. Topics include shareholder limits, trusts, generational wealth planning, real estate challenges, insights, and solutions. Naomita's diverse tax background suits complex trust structures and global families. She advises on tax, estate planning for digital assets. The podcast explores limitations of S Corps for business growth, real estate, tech startups, shareholder restrictions, foreign ownership, return distribution strategies, and preferred partnerships.
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Jul 10, 2024 • 32min

Basics of Beneficiary Deemed Owner Trusts

Brent chats with Chris Siegle about Beneficiary Deemed Owner Trusts (BDOTs). They explain how these trusts work and what opportunities they present for planning. They also discuss the potential for future changes in the tax laws, what you might do to plan for those changes, and how BDOTs might fit into that picture. Chris Siegle is a Managing Director and Senior Wealth Advisor in the Scottsdale, Arizona office of J.P. Morgan Private Bank. With his strong legal and tax background, he and his team provide successful individuals, families and organizations with creative strategies for investing, tax and estate planning, and family business succession issues. His focus on family circumstances and grantor intent adds depth to every conversation. Chris’s advice on family dynamics, wealth preservation and individualized legal structures is sought throughout the West. He speaks and writes frequently on tax planning, charitable giving, investments and advanced estate planning strategies. He has presented to the Arizona State Bar Tax Section, the USC Tax Institute, the Maricopa County Bar Association, the Collier County Bar Association, Valley Estate Planners, Arizona Community Foundation, and he has appeared at numerous seminars and panels for professional groups. Chris joined J.P. Morgan in 2010 after practicing law in Arizona for more than 13 years, during which he focused in trusts and estates, employee benefits and corporate transactions. His legal experience as a member of the State Bar of Arizona and the Maricopa Country Bar Association helps him collaborate with his client’s tax and legal advisors. Chris earned his J.D. (with Honor), from the University of Tulsa College of Law, his M.S.S. from The United States Army War College, and an LL.M. from Villanova University School of Law. He received his A.B. from the University of Illinois at Urbana-Champaign. During his study at the University of Tulsa Law School, he was an articles editor for the Tulsa Law Journal. Active in his community and imbued with a strong sense of responsibility and leadership, Chris is a Captain (retired) in the U.S. Navy, having served from 1990-2020. He is a member of the Professional Advisory Boards of the Arizona Community Foundation and the Catholic Community Foundation in Phoenix. He also devotes time to the Maricopa County Bar Association, Central Arizona Estate Planning Council and other professional organizations. Chris can be found here Chris Siegle | J.P. Morgan Private Bank U.S. (jpmorgan.com) This material is for informational purposes only. The views expressed are those of the speaker as of the date noted and not necessarily of the speaker’s firm or its affiliates. If you are enjoying the podcast please SUBSCRIBE and leave a REVIEW, and if you want to learn more about Brent go to https://wealthandlaw.com/team/. Legal Disclaimer: https://wealthandlaw.com/legal-disclaimer/
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Jun 21, 2024 • 27min

Basics of Qualified Personal Residence Trusts

Brent chats with Toni Ann Kruse about qualified personal residence trusts (QPRTs). These trusts are popular in high-interest environments to transfer personal residences among family members. Brent and Toni explain how they work, the income and transfer tax rules, and give planning tips. Toni Ann Kruse is a Partner at McDermott Will & Emery who has a broad-based estate and wealth transfer planning practice in New York. She advises ultra-high net worth individuals and families on estate, gift and generation-skipping transfer tax issues, trust and estate administration, state fiduciary income tax planning, and charitable gifting, as well as contested trust and estate matters. She has significant experience working with multinational clients on structuring efficient ways to benefit US persons as well as inbound and outbound planning opportunities. Toni Ann regularly works with family companies, advising on governance and succession issues between generations; drafts and administers complex estate plans; implements leveraged lifetime wealth transfer techniques; and counsels fiduciaries in complex trust and estate administration matters, often involving various asset classes across several jurisdictions. Toni Ann has published articles in publications such as Trusts & Estates Magazine, Bloomberg Tax, Law360, and the New York Law Journal. She regularly speaks at estate planning conferences on various topics and has been quoted in the Wall Street Journal, Forbes, and Reuters as an industry expert. Toni Ann can be found here: Toni Ann Kruse – McDermott Will & Emery (mwe.com) This material is for informational purposes only. The views expressed are those of the speaker as of the date noted and not necessarily of the speaker’s firm or its affiliates. If you are enjoying the podcast please SUBSCRIBE and leave a REVIEW, and if you want to learn more about Brent go to https://wealthandlaw.com/team/. Legal Disclaimer: https://wealthandlaw.com/legal-disclaimer/
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Jun 12, 2024 • 31min

Non-Probate Transfers

Brent chats about the many non-probate transfers. He explains the ownership rights, tax treatment, what happens at death, and issues during lifetime. He also explains pitfalls to plan for. In the episode, he describes joint accounts, joint tenancy with right of survivorship, beneficiary deeds, transferable on death, payable on death, and beneficiary designations. This material is for informational purposes only. The views expressed are those of the speaker as of the date noted and not necessarily of the speaker’s firm or its affiliates. If you are enjoying the podcast please SUBSCRIBE and leave a REVIEW, and if you want to learn more about Brent go to https://wealthandlaw.com/team/. Legal Disclaimer: https://wealthandlaw.com/legal-disclaimer/
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Jun 5, 2024 • 0sec

Episode 200: A Guide to Successful Writing

This is Episode 200!! Thank you to all the listeners, subscribers, guests, and friends who have made the podcast what it is! In this episode, Brent talks about the importance of good writing. He offers tips on how to write well, and, in particular, how to edit well. He shares the importance of audience, levels of editing, and using lists. He then gives you a checklist to use in formal writing. Good writing is often a sign of good thinking. Learning this skill will help you in all types of communication. This material is for informational purposes only. The views expressed are those of the speaker as of the date noted and not necessarily of the speaker’s firm or its affiliates. If you are enjoying the podcast please SUBSCRIBE and leave a REVIEW, and if you want to learn more about Brent go to https://wealthandlaw.com/team/. Legal Disclaimer: https://wealthandlaw.com/legal-disclaimer/
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May 27, 2024 • 0sec

Basics of QTIP Trusts

Brent chats with Naomita Yadav about the basics of qualified terminable interest property trusts (QTIP Trusts). They explain the key features, how to use them in planning, and some important foot faults to avoid. Naomita also explains the difference between a QTIP Trust and a SLAT. This is a continuation of our series about the alphabet soup of different irrevocable trusts that may be very important in the lead up to 2026. Naomita Yadav is a partner in the private client and tax team of Withersworldwide. She has a diverse and well-rounded tax background, including experience in both income tax and estate and gift tax matters, which makes her particularly suited for families with existing complex trust structures. She also has experience with cross-border families as well as nuances of visa designations and the interplay with tax laws. Interestingly, her own family is situated in three continents. Naomita advises families with generational wealth in the context of changing circumstances and passage of time such as multi-generation wealth planning for family members who are beneficiaries of trusts settled by prior generations. This particular mix of experiences and knowledge enables Naomita to act as a proficient adviser for the globally mobile high net worth family. She also advises clients on tax, estate and succession planning related to cryptocurrencies and digital assets. Naomita received her bachelor’s degree from Yale, her MBA from the University of Michigan, and her juris doctorate from the University of Michigan Law School. Naomita can be found here Naomita Yadav | Private client and tax attorney | San Francisco | Withersworldwide This material is for informational purposes only. The views expressed are those of the speaker as of the date noted and not necessarily of the speaker’s firm or its affiliates. If you are enjoying the podcast please SUBSCRIBE and leave a REVIEW, and if you want to learn more about Brent go to https://wealthandlaw.com/team/. Legal Disclaimer: https://wealthandlaw.com/legal-disclaimer/
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May 7, 2024 • 38min

Retooling Non-Grantor Trusts

Brent chats with Chris Siegle about how to make non-grantor trusts income tax efficient. They talk about normal QTIP and Bypass Trusts, how those trusts might be made grantor trusts, what powers and authority to think about, and other planning tips. Chris Siegle is a Managing Director and Senior Wealth Advisor in the Scottsdale, Arizona office of J.P. Morgan Private Bank. With his strong legal and tax background, he and his team provide successful individuals, families and organizations with creative strategies for investing, tax and estate planning, and family business succession issues. His focus on family circumstances and grantor intent adds depth to every conversation. Chris’s advice on family dynamics, wealth preservation and individualized legal structures is sought throughout the West. He speaks and writes frequently on tax planning, charitable giving, investments and advanced estate planning strategies. He has presented to the Arizona State Bar Tax Section, the USC Tax Institute, the Maricopa County Bar Association, the Collier County Bar Association, Valley Estate Planners, Arizona Community Foundation, and he has appeared at numerous seminars and panels for professional groups. Chris joined J.P. Morgan in 2010 after practicing law in Arizona for more than 13 years, during which he focused in trusts and estates, employee benefits and corporate transactions. His legal experience as a member of the State Bar of Arizona and the Maricopa Country Bar Association helps him collaborate with his client’s tax and legal advisors. Chris earned his J.D. (with Honor), from the University of Tulsa College of Law, his M.S.S. from The United States Army War College, and an LL.M. from Villanova University School of Law. He received his A.B. from the University of Illinois at Urbana-Champaign. During his study at the University of Tulsa Law School, he was an articles editor for the Tulsa Law Journal. Active in his community and imbued with a strong sense of responsibility and leadership, Chris is a Captain (retired) in the U.S. Navy, having served from 1990-2020. He is a member of the Professional Advisory Boards of the Arizona Community Foundation and the Catholic Community Foundation in Phoenix. He also devotes time to the Maricopa County Bar Association, Central Arizona Estate Planning Council and other professional organizations. Chris can be found here Chris Siegle | J.P. Morgan Private Bank U.S. (jpmorgan.com) This material is for informational purposes only. The views expressed are those of the speaker as of the date noted and not necessarily of the speaker’s firm or its affiliates. If you are enjoying the podcast please SUBSCRIBE and leave a REVIEW, and if you want to learn more about Brent go to https://wealthandlaw.com/team/. Legal Disclaimer: https://wealthandlaw.com/legal-disclaimer/
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Apr 30, 2024 • 30min

Introduction to IDGTs

This is the first in a series of episodes about the alphabet soup of irrevocable trusts that will be critical pre-2026 TCJA Sunset. In this episode, Brent introduces you to Intentionally Defective Grantor Trusts (IDGTs). He explains the transfer tax context, how the trust is formed, its special income tax treatment, and the planning uses for IDGTs. This material is for informational purposes only. The views expressed are those of the speaker as of the date noted and not necessarily of the speaker’s firm or its affiliates. If you are enjoying the podcast please SUBSCRIBE and leave a REVIEW, and if you want to learn more about Brent go to https://wealthandlaw.com/team/. Legal Disclaimer: https://wealthandlaw.com/legal-disclaimer/

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