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- Executor and Trustee Commissions Under NY EPTL
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- Validity, Interpretation & Effect of Wills Having Jurisdiction Outside of New York
- Letters Testamentary
- Like Kind Exchanges of Real Estate Under IRC §1031 -- Treatise (January 2011)
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Tag Archives: marital deduction
Creating and Maintaining Flexibility in Wills and Trusts
The principal objective when drafting wills or trust agreements is to best effectuate the intent of the settlor or testator, while at the same time ensuring that the most advantageous tax and legal objectives are met. Since the will may … Continue reading
Posted in News
Tagged children born to future spouses, dispositioins per stirpes by representation, eptl 11-2.3, Exculpatory clauses in trusts, governing law trust provisions, HEMS asset protection, indemnification clauses in trusts, marital deduction, matter of rothko 401 N.Y.S.2d 449, non-beneficiaries' right to information, persona liability for actions of co-trustees, Portability, prudent investor act, prudent investor standard eptl 11-2.3(b), Prudent Person standard, qualified disclaimers nys, sample will tax provision, scope of trustee discretion, single signatory, survivorship and gst issues in trusts, trust annual accounting NYS, trust decanting, trustee "hold back" provision, trustee discretion health education maintenance and support, trustee has absolute discretion, trustee has discretion limited to an ascertainable standard, Trustee HEMS, trustee incapacity, trusts and s corporations
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Estate Planning in 2013
Posted in Estate Planning, Estate Planning in 2013, Estate Planning in 2013, News, Treatises
Tagged applicable exclusion amount, carryover basis, completed gift, Congress, estate planning, estate tax, form 709, gift tax, gross estate, GST, marital deduction, new york estate tax, QTIP, QTIP election, surviving spouse, tax planning
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Tax and Legal Issues Arising in Connection With The Federal Gift Tax Return (2013 Revision)
Posted in Estate Planning, Federal Gift Tax, Gift Tax Planning, Gifts to Minors, Tax & Legal Issues Arising in Connection with the Federal Gift Tax Return (2013 Revision), Treatises
Tagged applicable exclusion amount, completed gift, deceased spouse unused exclusion amount, DSUE, estate planning, estate tax, gift tax, marital deduction, QTIP, QTIP election, tax planning
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The Decedent’s Last Will: A Final Profound Statement
Introduction. A will is a written declaration providing for the transfer of property at death. Although having legal significance during life, the will is without legal force until it “speaks” at death. Upon the death of the decedent, rights of … Continue reading
2012 Taxpayer Relief Act & Tax Outlook for 2013
View in PDF: Tax News & Comment — February 2013 2012 Taxpayer Relief Act & Tax Outlook for 2013 I. Overview of Act On January 2, President Obama signed the American Taxpayer Relief Act of 2012 (the Act) into law, … Continue reading
Posted in From Washington, News, Tax News & Comment
Tagged applicable exclusion amount, asset protection, audit, Congress, estate attorney, estate planning, estate tax, gift tax, gross estate, income tax, Internal Revenue Service, like kind exchange, marital deduction, Medicaid, Medicare, new york estate tax, Portability, President Obama, probate, QTIP, tax attorney, tax lawyer, tax planning, valuation discount
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Tax News & Comment — February 2013
View in PDF: Tax News & Comment — February 2013
Posted in Tax News & Comment
Tagged applicable exclusion amount, asset protection, asset protection trusts, credit shelter trust, estate attorney, estate planning, estate tax, gift tax, gross estate, GST, ILIT, irs, like kind exchange, marital deduction, New York decanting statute, new york estate tax, President Obama, probate, QTIP, tax attorney, tax lawyer, tax legislation, tax planning
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Peering Through the Legal Prism: When Asset Protection Becomes Fraudulent
VIEW IN PDF: Tax News & Comment — August 2011 I. Introduction English law addressing fraudulent conveyances dates back to the early Middle Ages. The first comprehensive attempt to prohibit such transfers appeared in the Fraudulent Conveyances Act of 1571, … Continue reading
Posted in Asset Protection
Tagged asset protection, asset protection trusts, bankruptcy, bankruptcy exempt, bequests, decedent's will, Delaware Asset Protection Trust, devises, elective share, estate planning, estate tax, fraudulent conveyance, gross estate, holographic will, insolvency, intestacy, intestate, last will and testament, marital deduction, New York Surrogates Court, probate, tax planning, will, will formalitiers
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Recent IRS Developments
A. Recent IRS Developments Field audits of taxpayers with incomes exceeding $200,000 rose 34 percent in fiscal 2011 to 78,392. IRS Deputy Commissioner Steve Miller stated that “[w]e are looking more at taxpayers at these income levels because we … Continue reading
Tax News & Comment — June, 2010
To view full issue: Tax News & Comment — June, 2010 To View Full Issue: Tax News & Comment — June, 2010 The June, 2010 issue of Tax News & Comment, in “From Washington,” discusses the new $56 billion tax … Continue reading
Posted in Tax News & Comment
Tagged applicable exclusion amount, asset protection, asset protection trusts, carryover basis, completed gift, Delaware Asset Protection Trust, estate planning, estate tax, form 709, gift tax, gross estate, GST, irs, marital deduction, probate, QTIP, QTIP election, qualified intermediary, surviving spouse, tax appeals tribunal, tax legislation, tax planning
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Estate Planning in 2010: Treatise
Estate Planning in 2010: Treatise PDF: Estate Planning Outline © 2010 David L. Silverman, J.D., LL.M. (Taxation) Law Offices of David L. Silverman 2001 Marcus Avenue, Suite 265A South Lake Success, NY 11042 (516) 466-5900 July 26, 2010 Estate Planning … Continue reading
Posted in Estate Planning, Estate Planning in 2010, Treatises
Tagged applicable exclusion amount, asset protection, carryover basis, disclaimers, estate tax, formula disclaimers, Generation-Skipping Transfer Tax, gift tax, GRATS, GST tax, marital deduction, nys estate tax, QPRTs, QTIP, qualified personal residence trusts, retroactive estate tax, sales of assets to grantor trust, self-settled spendthrift trusts
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Marital Deduction Planning
PDF: Marital Deduction Planning.wpd I. Review of Current Wills The estate tax will resume no later than January 1, 2011. At that time, the exemption amount may be $1 million (if Congress fails to do anything), or it could … Continue reading
Posted in Estate Planning, Marital Deduction
Tagged applicable exclusion amount, asset protection, asset protection trusts, Delaware Asset Protection Trust, estate planning, estate tax, gift tax, gross estate, GST, marital deduction, surviving spouse, tax appeals tribunal, tax legislation, tax planning
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Gift Planning in 2010
PDF: Tax News & Comment — March 2010 I. Introduction Many taxpayers wish to transfer assets to their children during their lifetimes rather than at their death. Therefore, lifetime transfer planning remains important for reasons wholly independent from the … Continue reading
Marital Deduction Planning
By making a QTIP election, the Executor will enable the decedent’s estate to claim a full marital deduction. To qualify, the trust must provide that the surviving spouse be entitled to all income, paid at least annually, and that no person may have the power, exercisable during the surviving spouse’s life, to appoint the property to anyone other than the surviving spouse. Since the Executor may request a 6 month extension for filing the estate tax return, the Executor in effect has 15 months in which to determine whether to make the QTIP election. Continue reading
Estate Planning Synopsis
The level of sophistication of estate plans varies with the size and complexity of an individual’s estate. A carefully drafted Will or revocable inter vivos trust is the starting point for many estate plans. Continue reading
Posted in Estate Planning
Tagged estate planning, estate tax, intestacy, marital deduction, probate, trusts, wills
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Tax News & Comment — October 2013