Adam P. Fleischer

Martha Neil published a new article Lawyer is Suspended Over Her Marriage to an Elderly Client, ABA Journal, March 9, 2011. A 54 year-old California attorney received a gift of $339,000 from her 85 year-old client and subsequently marrie... Read More

Sally Balche Hurme recently published a new book The ABA Checklist for Family Heirs:  A Guide to Family History, Financial Plans and Final Wishes.   The book is advertised as a valuable resource in organizing information f... Read More

Sally Balche Hurme recently published a new book The ABA Checklist for Family Heirs:  A Guide to Family History, Financial Plans and Final Wishes.   The book is advertised as a valuable resource in organizing information f... Read More

The Trust Advisor Blog recently posted the article, "White House Punches Wealthy Again - This Time, Dynasty Trusts" by Jerry Cooper.  Cooper states that the White House proposes to limit the duration of the generation-skipping transfer tax exempti... Read More

Trial & Heirs posted a blog, Dennis Hopper's Widow Turns Divorce Battle Into New Lawsuit, March 8, 2011. Dennis Hopper's widow filed lawsuits alleging that Hopper's children harassed her and forced her to move out of Hopper's house.  She ... Read More

Trial & Heirs recently posted a video, The Latest in the Charlie Sheen Drama. The video commentators discuss whether Charlie Sheen needs a conservatorship.  He is not elderly or incapacitated, yet the courts have shown a trend to app... Read More

Joe Mont posted a new article Dead Celebs Offer Estate Planning Guidance, The Street, December 6, 2010. Mont discusses a new book that teaches people valuable estate planning lessons based on the blunders of celebrities such celebri... Read More

The Journal of Accountancy posted a new article IRS Releases 2010 Gift Tax Return on March 18, 2011. The IRS recently released the final version of the Form 709 and the accompanying instructions.  The changes reflect the new GST tax... Read More

McGuire Woods posts an article Virginia General Assembly Confirms that National Banks can Serve as Virginia Fiduciaries without an In-state Office on March 16, 2011. On March 14, the Virginia governor signed into law a bill that states a bank... Read More

Harold W. Pskowsiarch posted a new blog IRS Issues New Gift Tax Return; GST Exemption Issues Unaddressed, BNA, March 16, 2011. The IRS recently released the final version of the Form 709.  The author mentions that the revised form fails ... Read More

Arden Dale posted a new blog, How to Help Parents Without Paying More Taxes, Smart Money, March 17, 2011.   The author suggests ways that a wealthy couple can give gifts to their parents without paying taxes.  So... Read More

After the expiration of a three year QPRT, decedent died prior to payment of all of the rent on her personal residence.  The Tax Court in the Estate of Sylvia Riese et al. v. C.I.R. ruled that the decedent showed an intent to... Read More

Elizabeth Ody posted an article Richest Investors Come Back to Big-Cap Stocks in Hunt for Yield, Bloomberg, February 24, 2011. Many wealthy investors are beginning to invest their money in large-cap stocks as the market returns to levels not reached... Read More

Laura Landro posted an article A Push for Better End-of-Life Planning, Wall Street Journal, March 15, 2011. Studies note that most people are not adequately thinking about end of life medical decisions, and consequently, most people are not having heal... Read More

Anne Tergesen posted a new article A Will and a Way, The Wall Street Journal, March 21, 2010. A small number of states are allowing individuals to contest estate plans prior to the decedent's death.  Although a pre-death determination can... Read More

Roberton Williams posted an editorial Do Estate Taxes Matter, New York Times, December 16, 2010. The estate tax has never achieved the goal of preventing wealth to pass to subsequent generations.  Nevertheless, it taxes wealth that has gone u... Read More

Robert Frank posted an article The Myth of the Permanent Rich, Wall Street Journal, March 23, 2011. Based on data from 2004 to 2007, the article asserts that in the United States the rich do not necessarily keep getting richer and... Read More

Jerry Gleeson posted an article Succession Not Succeeding for Family Business, Registered Rep, Mar. 22, 2011. Although 27 percent of family owned or managed businesses will change hands in the next 5 years, only 47 percent of the companies have su... Read More

ElderLawAnswers posted an article You Can't Opt Out of Medicare Without Losing Social Security, Judge Rules, March 22, 2011. A Federal Judge ruled that a person cannot drop out of Medicare Part A without losing Social Security benefits.  The Judge... Read More

Jonathan Gudema posted an article, New Lead Trust Opportunities Created by Tax Relief Act, OnPhilanthropy.com, March 28, 2011. Gudema argues that with a 5 million dollar gifting window, now might be the ideal time to establish a Charitable Lead Tr... Read More

Robert Frank posted an article Are the Self-Made Rich More Generous Than Heirs, Wall Street Journal, March 28, 2011. Although there are stories that the self-made rich are more generous than their inheritors, there is no reliable scientific d... Read More

Michael Wines posted an article, A Psunami Robbed Life, It Also Robs Rite of Death, New York Times, March 23, 2011. Although cremation is the norm in Japan, it would be virtually an impossibility to cremate all of those who have... Read More

Michael Roberts posted an article, Estate Tax Strategies and the New Tax Code:  Embracing Occam's Razor, Financial Planning, March 23, 2011. The estate of a decedent who died in 2010 can decide to either pay a 35% estate tax rate or... Read More

Dan Jamieson posted an article Third of Advisers may blow ADV deadline, Investment News, March 25, 2011. Compliance consultants estimate that a third or more investment advisers will miss the ADV part 2 deadline.  Many advisers have been challenge... Read More

Jason Zweig posted an article, Will New Rules Stop Brokers From Nibbing on Your Returns?, Wall Street Journal, March 26, 2011. FINRA is contemplating ways to prevent brokers from charging excessive fees.  One provision that could be altered is one... Read More

WNYC posted an article Tax Answers for Same Sex Couples, March 30, 2011. Same sex couples need to double check their state tax laws considering that various states offer different tax treatment to the couples.  Guest contributor, Tina Salandra, al... Read More

Hani Sarji posted an article Instructions for 2010 Gift Tax Returns Were Revised, Forbes, March 31, 2011. The PDF version of the Form 709 instructions are presently unavailable, although they are still available in HTML format.  The IRS also just... Read More

The IRS recently posted Six Tips for Paying Estimated Taxes, IRS Tax Tip 2011-65, April 1, 2011. The IRS has given six tips to determine estimated tax, an approximation of income tax not subject to withholding.  Form 1040ES can provide m... Read More

Harvard Law School Lambda hosted the 6th Annual Legal Advocacy Conference, "Queering Age: Exploring the Lived Experiences of LGBT Youth and Elders" on April 1 and 2.  The conference explored the unique legal issues surrounding LGBT youth... Read More

Carl Davis posted an article Millionaire Migration Myth: Don't Fall for this Anti-Tax Scare Tactic, Huffington Post, March 31, 2011. The author argues that the rich have not left states with higher taxes.  Rather, there are less millionaires in al... Read More

Scott Martin posted an article Wealth Advisors Can Make the Difference Keeping Pro Athletes from Wasting their Fortunes, Trust Advisor Blog, April 2, 2011. Sixty percent of pro-athletes are in bad financial shape after their career is over.  Many ... Read More

Hani Sarji posted an article Should an Income Tax on Inheritance Replace the Estate Tax, Forbes, December 18, 2010 Sarji criticizes an earlier article advocating an inheritance tax.  He questions why farmers and small businesses should be tre... Read More

The Center for American and International Law is hosting the "Annual Course on Estate Planning" on June 22-24, 2011.  Topics include the Tax Relief Act of 2010, Estate Planning Toolbox, Hot Topics, Marital Deduction and Life Insurance Planning, Es... Read More

Matthew Saltmarsh posted an article Wealthy Turn to Social Media for Investment Help, New York Times, April 5, 2011. Several entrepreneurs are building social media websites for the wealthy.  Asset management firms, lawyers, and charities are usin... Read More

Casey B. Mulligan posted an article Why People Pay Income Taxes, The New York Times, April 6, 2011. Overall, taxpayers' income reporting to the I.R.S. is pretty accurate, even though most people would not get caught if they cheated.  It... Read More

Robert Frank posted an article Trusts for the Rich Flock to Low-Tax States, The Wall Street Journal, April 7, 2011. States such as New Hampshire and Oregon offer very favorable tax treatment for Trusts.  There will be increasing competition among... Read More

Paul Sullivan posted an article, More Money for Your Kids, CNNMoney.com, January 25, 2011. With the current 5 million dollar gift tax exemption, clients, while alive, can pass to their heirs more money free of estate tax through pla... Read More

Stuart Robertson posted the article Tax Deadline Buzzer Beaters for Small Business, Forbes, April 11, 2011. Robertson advises a small business to put $5,000 into an IRA.  If your business has a 401(k) it may be possible to make additiona... Read More

Gene Marks posted the article Why an Educated Client is a Good Client, Forbes, April 11, 2011. Marks argues that the best clients are the educated ones because they are familiar with the industry, ask the right questions, and know what... Read More

United for a Fair Economy launched the site Tax Wealth Not Work. The organization argues that investment income and dividends should be taxed at the same rate as income from salaries and wages.   As capital gains rates are much... Read More

Robert Frank  posted the article Where Have the Wealthy 'Angel Investors' Gone, Wall Street Journal, April 12, 2011. Rich entrepreneurs who invest their money in true start-ups declined 11 percent in the first half of 2010 compared to a year ... Read More

Jeffery V. Bailey, Jesse L. Phillips and Thomas M. Richards recently published their book, A Primer for Investment Trustees, Research Foundation Publications, 2011. The primer is a comprehensive discussion of investment issues relevant to investment tr... Read More

A Joseph Warburton published his article Trusts Versus Corporations:  An Empirical Analysis of Competing Organizational Forms, 36 J. Corp. L. 183 (2010). The article compares managers of corporations to managers of trusts, fiduciaries with a ... Read More

Peter Katt posted an article, Business Continuation Planning: Part II, 12 Life Ins Persp. 9 2010. As the second part of a series on business continuation planning, Katt brings two examples to explore the challenges involved in buy-sell planning. HAT... Read More

The Ninth Circuit Court of Appeals held, in D.N. vs. U.S., 625 F.3d 1222, that a minor child, a secondary beneficiary of a 401(k) was the distributee and therefore, liable for income taxes owed.  The minor unsuccessfully argued that... Read More

The National Business Institute is conducting a CLE on April 18th entitled "Generation Skipping Tax Planning." The course reviews GST planning and compliance. HAT TIP:  Wills, Trusts and Estates Prof Blog Posted by Adam Fleischer, Associate Editor... Read More

Excellent thread, I saw this really great thread today and I wanted to link to it. Thanks again for taking the time to post. Read More