Last Week in Estate Planning (August 14 to August 20, 2011)

August 23, 2011
300px Work 40 retire 2054 Last Week in Estate Planning (August 14 to August 20, 2011)

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There were many excellent blog posts last week.  Some of the topics you see linked and discussed below may contain some unfamiliar topics, but all provide excellent introductions to the given subject.

Top Posts and Articles of the Week

Post of the Week

To Stretch and Protect: The Goal of a Retirement Trust, David E. Peterson, Esq., Musings of a Massachusetts Estate Lawyer.

  • Revocable trusts have grown in popularity over the last decade or two.  One reasons for is that such trusts, if drafted properly, can provide beneficiaries with protection against creditors, predators and even themselves.
  • Mr. Peterson’s post describes how one’s retirement plan beneficiaries can receive similar protections, given that retirement assets generally cannot originally be held in a revocable trust.

Honorable Mentions

A Common Question: “Where Should I Keep My Will?”, Gary Altman, Esq., Altman Speaks.

Giving: Don’t Forget Downstream Tax Consequences, Kyle Krull, Esq., Kansas & Missouri Estate Planning Blog.

  • A well-written reminder to consider basis calculations when gifting.

IRS Concedes Fractional Interest Discounts for Late-in-Life Gifts, Bryan Howard, Esq., Tennessee Estate Planning Lawyer & Attorney Blog.

  • We have previously discussed how one way to reduce potential estate taxes is to lower the value of your taxable estate.
  • Mr. Howard’s post discusses recent developments regarding the technique of giving your real estate to a family trust, and how this strategy can reduce the value of your estate.

Is 94-Year Old Zsa Zsa Soon Going To Be A New Ma Ma?, Andrew Mayoras, Esq. & Danielle Mayoras, Esq., The Probate Lawyer Blog:  Famous Fortune Fights!

Ode to the Trust – 2nd Sonata, Martin M. Shenkman, CPA, MBA, JD, Wealth Strategies Journal 2.0.

  • Mr. Shenkman’s second post on issues trustees must consider upon being named.
  • Mr. Shenkman’s first post on the topic is linked here:  Ode to the Trust – 1st Sonata.

Stock Market Dive Yields Gift-Tax Bargains, Deborah L. Jacobs, DJ Working,

For Professionals and Interested Readers

Drafting Wills That Follow Jewish Law, Prof. Gerry Beyer, Wills, Trusts & Estates Prof Blog – citing (Attorney, Mineola, NY), Basic Principles of Estate Planning Within the Context of Jewish Law, K. Eli Akhavan, Esq., Probate & Property 60-63 (Jul./Aug. 2011).

Under Certain Circumstances, a Will Procured Through Fraud or Undue Influence May Still be Valid with Respect to Untainted Provisions, Prof. Gerry Beyer, Wills, Trusts & Estates Prof Blog.

Using Entity Assets to Pay Estate Obligations After Death, Prof. Gerry Beyer, Wills, Trusts & Estates Prof Blog – citing The Dance Continues: Post-Death Use of Entity Assets to Pay Estate Obligations, Tye J. Klooster, Esq. & Stephanie Loomis-Price, Esq., Probate & Property pp 50-56, Jul./Aug. 2011.

  • If a decedent’s estate lacks the liquidity to pay estate taxes, will the use of family limited partnership assets trigger Section 2036 of the IRC?  
  • In other words, if the assets can be freely used by the decedent’s executor or trustee for this purpose, should the assets be part of the decedent’s estate?

Please feel free to nominate any top estate planning posts or articles for the week of August 21 to August 27, 2011 in the Comments section below.  Enjoy your week!

 Last Week in Estate Planning (August 14 to August 20, 2011)
 Last Week in Estate Planning (August 14 to August 20, 2011)


Scott R. Zucker, Esq. is the owner of The Zucker Law Firm PLLC, located just outside the Capital Beltway in Annandale, within five miles of the City of Fairfax, the county seat of beautiful Fairfax County, Virginia. The firm focuses mainly on estate planning services for Virginia, Maryland and Pennsylvania clientele, and seeks to do so in an affordable and approachable way. People interested in learning more can contact Scott by phone or email.

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