Estates & Trusts

The TCJA (Tax Cuts Job Act) which was passed in 2017 greatly impacted tax law, and general estates and trusts for individuals which plan on devising property, money, or other possessions to loved ones. Estate planning and devising a trust are areas of the law which are highly regulated by regulatory law, tax law, and family law. Visitors to the National Law Review will learn about the latest developments in tax law, family law, and estate and trust law, and how these fields come together, as well as reading legal analysis on devising a legal trust, will, or estate plan.

The transfer of assets in anticipation of death has been greatly impacted by the new tax laws, allowing the trustor to redistribute assets and property, without major tax implications for themselves, or the receiving party. Visitors will learn about these developments, and other relevant news and stories relating to estate planning, probate planning, and litigation in this area of law. Additionally, the National Law Review features articles on how family businesses can create a succession plan and otherwise plan for the future, as well as information on specialized circumstances like creating a will or a trust for a family member with special needs.

Hot issues including will contests, business succession planning, creating a charitable trust, durable powers of attorney, creating revocable and irrevocable trusts, generation-skipping transfer tax (GST), estate taxes, and the distribution of trust assets, are among the many stories covered for visitors on the National Law Review. Further, details about gift taxes, federal taxes, and other taxes which may arise under the American Taxpayer Relief Act, are also covered by the National Law Review. Any IRS details and areas of estate planning and probate which might be covered under the Internal Revenue Code (IRC), are also topics visitors can read about on the website.

For hourly updates on the latest news about family custody & divorce laws, estate planning, and trust regulations and legislation, be sure to follow our Family & Estate Planning Law Twitter feed, and sign up for complimentary e-news bulletins.

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Mar
10
2021
New COVID-19 Stimulus Bill Includes Significant Pension Reforms and Expands Scope of 162(m) Compensation Deduction Limit Proskauer Rose LLP
Mar
16
2014
March Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts Proskauer Rose LLP
May
16
2014
Death, Taxes and …ERISA Disclosure Regulations? - Employee Retirement Income Security Act Proskauer Rose LLP
Sep
10
2014
Mental Health Parity Act: A Litigation Update Proskauer Rose LLP
Dec
3
2014
Defined Benefit Plan Participants Have Standing to Pursue Fiduciary Breach Claims Proskauer Rose LLP
Aug
7
2019
Life Insurer Compelled to Produce Attorney-Client Communications Proskauer Rose LLP
Sep
1
2020
Wealth Management Update: September 2020 Proskauer Rose LLP
Dec
3
2014
2015 Estate, Gift and GST Tax Update: What This Means for Your Current Will, Revocable Trust and Estate Plan Proskauer Rose LLP
Apr
24
2015
U.S. Department of Labor Proposes New Fiduciary Standard Proskauer Rose LLP
Feb
28
2020
[Podcast]: ERISA Plan Asset “Hard-Wired” Conduit Feeders Proskauer Rose LLP
Oct
6
2020
Top Ten Estate Planning Recommendations before the End of 2020 Proskauer Rose LLP
May
16
2014
Tax Court Holds that a Trust can Qualify for the "Real Estate Professional Exception" of Section 469(c)(7) Proskauer Rose LLP
Nov
5
2014
First Circuit Enforces Appeal Deadlines Stated In SPD, But Not Plan Document Proskauer Rose LLP
Dec
4
2014
District Courts Continue to Reject the Ninth Circuit’s Limitation on Surcharge as Relief for Individual ERISA Fiduciary Breach Claims Proskauer Rose LLP
Apr
24
2015
Wealth Management Update: April 2015 Proskauer Rose LLP
Jul
10
2015
District Court Rules Privately-Held Stock Plan Fiduciary May Have Affirmative Duty To Disclose Proskauer Rose LLP
Mar
18
2014
New York State Department of Taxation and Finance Advisory Opinion (TSB-A-14(6)S) Concludes that Substitution of Property by the Settlor of an Irrevocable Grantor Trust is Subject to New York Sales Tax Proskauer Rose LLP
Apr
24
2014
Court Rejects Plaintiff’s Attempt to Prevent Plan from Recouping $250,000 Overpayment Proskauer Rose LLP
May
16
2014
Husband's Failure to Properly Fund Trusts After Wife's Death Caused Gross Inclusion of the Entire Balance of Wife's Revocable Trust in His Gross Estate Proskauer Rose LLP
Jun
25
2014
Final Regulations on Orientation Periods Released Proskauer Rose LLP
Dec
29
2014
Second Circuit: Class-Wide Reformation Is Appropriate Equitable Relief Proskauer Rose LLP
Feb
27
2015
White House Budget Recommends Elimination of in-Plan Roth Rollovers of After-Tax Contributions Proskauer Rose LLP
Sep
30
2015
“Highest Contribution Rate” Means Highest of Any Collective Bargaining Agreement for ERISA Withdrawal Liability Payments Proskauer Rose LLP
Aug
5
2020
Side by Side Comparison: Electronic Disclosure Rules for Pension & Welfare Plans Proskauer Rose LLP
Jan
20
2021
Personal Planning Strategies - January 2021 Proskauer Rose LLP
Mar
18
2014
Florida District Court of Appeal Upholds Order of Continuing Garnishment of Trust Distributions by an Ex-Spouse with a Support Order Proskauer Rose LLP
May
17
2014
Florida District Court of Appeal Upholds Trial Court's Determination that, Under Common Law, an Irrevocable Trust Can be Terminated with Consent of Settlor and All Beneficiaries Proskauer Rose LLP
Nov
6
2014
The Availability of Surcharge as Relief for Individual ERISA Fiduciary Breach Claims Proskauer Rose LLP
May
29
2020
Department of Labor Finalizes New Safe Harbor for Electronic Delivery of Retirement Plan Disclosures Proskauer Rose LLP
Jun
25
2014
SCOTUS Says No Presumption of Prudence In ERISA Stock Drop Cases - Employee Retirement Income Security Act Proskauer Rose LLP
Jul
30
2016
Creating a "GRAT": Heads You Win, Tails You Break Even Proskauer Rose LLP
Mar
26
2020
D.C. Circuit Rules that ERISA Plan Participant’s Release Extends to Fiduciary Breach Claims On Behalf of The Plan Proskauer Rose LLP
Jul
1
2020
Wealth Management Update: July 2020 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intrafamily Loans and Split-Interest Charitable Trusts Proskauer Rose LLP
Apr
28
2014
Ohio Court of Appeals Upholds Constructive Trust in Favor of Unnamed Beneficiaries Proskauer Rose LLP
Jun
26
2014
Fifth Third Bancorp v. Dudenhoeffer – An Analysis of the U.S. Supreme Court’s Decision Proskauer Rose LLP
 

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