In Connelly v. United States, No. 21-3683 (8th Cir. 2023), the United States Court of Appeals for the Eighth Circuit, on the taxpayer’s appeal from an order granting summary judgment in favor of the IRS by the United States District Court for the Eastern District of Missouri, considered (i) whether a buy-sell agreement was able to … Continued

As we guide our clients through new legislation relating to beneficial ownership reporting for private company shares, including as regards shareholders that are trusts, it is worthwhile to look at the apparent inconsistencies when comparing government policy at the Canadian federal and provincial levels, at the U.S. federal and state levels and in the U.K., relating … Continued

California Enacts Anti-ING Legislation Similar to New York’s Legislation On July 10, 2023, California enacted Senate Bill 131, adding Section 17082 to the California Revenue and Taxation Code. That section, which effectively shuts ING trust planning down in the state, provides that a California resident who transfers assets into an incomplete gift non-grantor (ING) trust … Continued

It is bittersweet that we are coming to the end of 2023, and the end of my tenure as chair of the Section. It has been a very successful year for the Section, and I was honored to be your chair for the year. Of course, my role as chair was made much easier by … Continued

Special thanks to outgoing chair Michael Schwartz for his dedication to the Section this past year. With Michael’s leadership we were able to meet in Miami this past spring, and in Lake Placid in October. It was so good to spend time with Section members, learning from talented presenters, and developing relationships. What an honor … Continued

This volume contains articles on issues pertinent to the estate planner, litigator and administration attorney alike. Diane Matero’s article focuses on the process of declaring the missing dead; Frank T. Santoro addresses the need to preserve the attorney-client privilege with electronic communications; Kevin Matz discusses the recent court decision Connelly v. United States; Daniel Frajman provides a … Continued

Decisions of Interest, Recent Updates in Florida Law and Practice Tip for Non-Florida Lawyers Real Property Title Disputes Are Considered Creditor Claims in Florida Beatrice Ford (the “decedent”) died on March 21, 2017, and an estate was opened in Miami-Dade County’s probate court. Prior to her death, the decedent filed a civil suit against her … Continued

Electronic communications have become indispensable in every facet of life and business. Email, traditional text messaging, messaging on applications such as WhatsApp, and even direct messaging on social media applications have become ubiquitous. As electronic communications subordinate oral communication and paper writings as the predominate mode of attorney-client communication, practitioners must be mindful of preserving … Continued

The mysterious disappearance of an individual often makes intriguing content for crime shows and podcasts, but it is in the Surrogate’s Court where the harsh reality of declaring the missing dead plays out. This article explores that process. Our roadmap is found in Estates, Powers, and Trusts Law (EPTL) 2-1.7, which provides (a) A person … Continued

Introduction As common sources of wealth, interests in either privately held and publicly traded companies may constitute one of the most valuable assets owned by high-net-worth individuals. The early growth stage of a company reflects an optimal time to transfer wealth to family members (or vehicles for their benefit). Leveraging the applicable exclusion amount (for … Continued