Publications

A nonqualified deferred compensation plan is not your ordinary succession plan; however, it can function as a succession planning tool designed to reward past performance, attract and retain key employees, and/or supplement other retirement savings. This article identifies at least three deferred compensation arrangements aimed to ease business succession.

The increased wealth of Baby Boomers has led to more investment in family lake houses, camps, cottages, etc. How these properties are preserved for future generations (often with multiple children and grandchildren) has become a more common conversation and concern for estate planning clients.

Private equity has driven the hot M&A market for the past decade. Many business owners are tempted to sell a portion or all of their business to private equity, but are worried about what "strings" come with such transactions. This outline provides an overview of the role of private equity in the M&A market and how professional advisors can help prepare their clients who are seeking an exit strategy that involves private equity backed buyers.

This publication reviews the key nursing home issues to spot while speaking with a client or prospective client that will enable you to better serve them and their family. We will review the basics of Medicaid eligibility and what planning is available to protect your client’s assets.

Should probate be avoided?! This publication will review the probate process, its purpose, and common misconceptions. We will identify and discuss in greater detail the techniques most often used to avoid probate, and discuss circumstances in which the various methods of probate avoidance can further or undermine a client’s objectives.

Sometimes removal of a trustee is warranted… and sometimes it isn’t. This publication reviews the duties and powers of a trustee and the process for trustee resignation and/or replacement. We will review recent cases relating to these issues as well as effective estate planning tools used to minimize conflict and expense.

This publication identifies 10 common mistakes in dealing with retirement plans and IRAs, and the most efficient ways to fix them. We will review planning opportunities and pitfalls triggered by the SECURE 2.0 Act and IRS changes to the EPCRS, as related to retirement, financial and estate planning.

If you need/want to protect your assets, then inevitably there is someone trying to get your assets. This publication will review the strengths and weaknesses of tried and true asset protection techniques from the point of view of the asset owner, as well as the party seeking to acquire your assets, as well as techniques for current and future owners of assets and techniques to pierce asset protection vehicles.

A review of commonly used ERISA covered retirement plan arrangements (such as 401(k), solo 401(k), 403(b), 457(b), profit sharing plans, and cash balance plans); recent case law focusing on court treatment of such assets in bankruptcy context; the interplay between the IRS proposed regulations regarding required minimum distributions under the SECURE and asset protection; and other pointers to minimize creditor exposure.

Overview of different planning techniques that can help clients achieve their philanthropic goals during lifetime and at death, including tax implications and advantages of various forms of charitable giving, as well as pros and cons of different approaches to planned giving.

The generation skipping transfer tax is designed to prevent abuse of the transfer tax system through multi-generational gifting. It can also be triggered under circumstances that clients may not expect. Learn about the GST tax and how to minimize its impact.

Overview on how private securities offerings are structured and regulated under relevant federal and state securities laws.

Learn about retirement and estate planning opportunities and pitfalls triggered by the SECURE Act, changes to the tax law, and COVID-19.

FINRA is the Financial Industry Regulatory Authority. It is a private not-for-profit corporation, authorized by Congress, and overseen by the Securities and Exchange Commission. It allows for expungement of disputes, but deems them an "extraordinary" remedy that should be rarely granted.

Before advising a client to make a disclaimer, practitioners should carefully consider all of the potential ramifications.