Product Image

Estate and Related Planning During Economic Turmoil

Author: Martin M. Shenkman CPA, PFS, MBA, JD
Publisher: AICPA
Availability: Online Access
See Below To Add To Cart
View Online Catalog
Add This Page

Description

Recent market fluctuations have impacted every aspect of financial planning. Are you communicating your firm's estate planning services to your clients effectively in a down market? Find out how current economic conditions will affect those services. Veteran author Martin M. Shenkman leads you through the core planning concepts that must be reviewed in the current economy to ensure that you are in touch with your client's needs. Bring your estate planning services up to speed today!

Inside you will find:

  • Complete coverage of current legislation and how it impacts your firm's estate planning services
  • Recession planning concepts cover re-evaluating the objectives of your estate, trust, charitable, probate, closely held business, financial, and matrimonial service considerations
  • Firm planning management checklists provide practical tools to help you cover the considerations you may face in estate planning client interviews
  • Sample Estate Planning PowerPoint presentation offers a marketing communication platform to help show your clients how to re-evaluate their assets in a fluctuating market
  • Sample clauses/provisions, examples, and author's tips show some of the practical applications for the topics covered

About the Author

Martin M. Shenkman, an attorney in private practice is author of thirty-two books and more than seven hundred articles. He is quoted in the financial media, and has appeared on The Today Show, CNBC, CNN-FN, and others.

Note: This product is an electronic download file that will be accessible immediately after completing your purchase. Access to this file – from the My Download page – expires 90 days from purchase date.

Please note this product purchase is non-refundable. For more information about this product or service concerns, please contact the AICPA Service Center at service@aicpa.org or call 888-777-7077.

PFP Section Members Save an Additional 20%: When you log into this website with your AICPA member user account, the section/credential discount will be automatically applied during checkout. Should you have any questions or encounter any issues, please contact the AICPA Service Center at 888-777-7077 or service@aicpa.org.

Find out more information on the PFP Section.

Table of Contents

  • Chapter 1 - Introduction to Planning Through Economic Turmoil
    • Introduction
    • Note on Style
    • Everything Has Changed: Review and Update Your Planning
    • Emotions of Planning
    • Key Points
    • Bonus Materials: Marketing Your Planning Services
    • Summary
  • Chapter 2 - Estate Planning Through Economic Turmoil
    • Introduction
    • Valuations
    • Wills and Revocable Trusts—Generally
    • Funding Bypass and Marital Trusts During Volatile Markets
    • Gift Planning
    • Letter of Instruction
    • Loan Buy-Downs
    • Discounts
    • Net Gifts
    • Summary
  • Chapter 3 - Trust Planning Through Economic Turmoil
    • Introduction
    • Trusts—Generally
    • Trustees
    • Trust Protectors, Distribution Committees, and Investment Advisers
    • Securities GRATs, or Forget the "Secure" in "SECURE-ities"
    • Paper Trail for Busted GRATs Options for GRATs
    • That Will Likely Bust
    • Are Rolling or Cascading GRATs Still Estate Planning Nirvana?
    • Long-Term GRAT Immunization Will Require a New Antigen
    • Sales to Defector Irrevocable Trusts—Generally
    • Real Estate and Business GRAT/IDIT Note Sale Transactions
    • Qualified Personal Residence Trusts
    • Late Allocation of Generation-Skipping Transfer Exemption
    • Power to Adjust During an Economic Downturn
    • Special Needs Trust Planning During Economic Turmoil
    • Summary
  • Chapter 4 - Charitable Planning Through Economic Turmoil
    • Introduction
    • I Feel Good
    • Charitable Giving—Generally
    • Charitable Bequests
    • Charitable Remainder Trusts and Gift Annuities for Those Reticent to Fund Current Gifts
    • Life Insurance to Fund Gifts or Bequests
    • Charitable Lead Trust in Lieu of Outright Gifts
    • Charitable Lead Trust
    • Deferred Current Gifts, Don't Cancel Them
    • New Endowments
    • Underwater Endowments
    • Struggling Private Foundations
    • Prior Real Estate Donations
    • New Real Estate Donations
    • Depreciated Securities
    • Future Income Tax Benefits of Charitable Giving
    • Summary
  • Chapter 5 - Probate Planning Through Economic Turmoil
    • Introduction
    • Funding Testamentary Trusts and Bequests
    • Prudent Investor Act
    • Estate Tax Deferral
    • Alternate Valuation—Generally
    • Alternate Valuation—IRAs
    • Graegin Loans
    • Appraisal Issues
    • Creditor's Rights, Insolvent Estates, and Abatement
    • Elective Share
    • Capital Gains and Losses
    • Summary
  • Chapter 6 - Closely Held Business Planning Through Economic Turmoil
    • Introduction
    • Tax Changes and Incentives
    • Business Contractions and Valuation Changes Affect Estate Planning
    • Bequests of Business Interests
    • S Corporation Loans
    • Business Corporation Distributions, Payment of Personal Expenses, and Ignoring Formalities
    • Payroll (Trust Fund) Taxes
    • Employee Retirement Funds
    • Buyout Formulas
    • Grantor Retained Interest Trusts and Note Sale to Defective Grantor Trust Transactions
    • Estimated Tax Payments
    • Business Insurance
    • FLPs and Limited Liability Companies Making Personal Distributions
    • Can You Fire a Partner Because Business Is Bad and Getting Worse?
    • Defer Making a New Partner
    • Get a Noncompete Agreement From Any Terminated Employee/ Partner
    • Get a Release/Termination Agreement From a Terminated Partner/Employee
    • Employee/Executive Buyouts
    • Summary
  • Chapter 7 - Financial Planning Through Economic Turmoil
    • Introduction
    • Minimum Required Distributions
    • Reevaluate Retirement Plan Payouts Being Made Under Substantially Equal Periodic Payments Method
    • Roth Conversions
    • Hardship Withdrawals
    • Estimated Tax Payments
    • Tax Leniency
    • Harvest Gains and Losses
    • Investment Theft Losses
    • Property and Casualty Insurance
    • Life Insurance
    • Life Insurance and Insurance Trusts
    • Long-Term Care
    • Title of Assets
    • Asset Allocation
    • Family Loans
    • Debt Forgiveness or Reduction
    • Summary
  • Chapter 8 - Matrimonial Planning Through Economic Turmoil
    • Introduction
    • Alimony Deductions
    • Modifying Alimony for Changed Circumstances
    • Valuations
    • Valuation Dates and Timing
    • Prenuptial Agreements
    • 529 Plans and Children's Trusts
    • Debts
    • Lifestyle
    • GRATs, Note Sale, and Private Annuity Transactions
    • Business Contractions
    • Property and Casualty Insurance
    • Life Insurance
    • Asset Allocation
    • Family Loans
    • Summary
  • Chapter 9 - Recovery: Planning for and Through the Hoped-for Recovery
    • Introduction
    • Planning for and Through Recovery Will Require a Fresh Look
    • Don't Forget Planning Basics
    • Recovery Won't Be Uniform and May Not Be Obvious
    • Some Things Will Never Recover
    • Taxes on the Wealthy Will Increase
    • Love Life Insurance
    • Summary
  • Conclusion
  • Free Additional Resources and Updates

091033PDF

Excerpts

Introduction to Planning Through Economic Turmoil

Introduction

The markets are in turmoil. Daily Dow movements make Cedar Point roller coasters look tame. Tax, business, economic, and investment matters have all become extraordinarily uncertain. The Troubled Asset Relief Fund, Term Asset-Backed Securities Loan Facility, and a host of other initiatives to address the toxic assets that have seemingly permeated the financial system and economy have been undertaken, the impact of which is uncertain. Every aspect of estate planning has been affected, as well as ancillary planning implications. Some seers are predicting a return of inflation and, eventually, higher interest rates, as the impact of the spending in Washington wends its way through the economy. Uncertainty exists, change has been dramatic, and it seems that uncertainty and change will continue to mark the planning landscape.

Note on Style

This book is written to "you" instead of from the tone of what "you," as the professional adviser, should do for "your client." The "you" really does mean you because every professional adviser needs to review and update his or her planning. This recession has affected every component of the economy and society. Professional advisers may have been affected as much, or in many cases, even more, then their clients. Starting with "your" planning is an important first step to planning for "your" clients.

Some points, such as tips on communicating with clients, are written to you as an adviser communicating with your client. These are points really only applicable to you as a professional adviser, not to you as a reader updating and monitoring your own planning. Although this is inconsistent with the majority of the text, this will hopefully make those discussions clear.

No effort has been made to make every sentence gender neutral because that would only make the text more convoluted. No slight to any reader is meant.

Everything Has Changed: Review and Update Your Planning

Everyone's plan, documents, investments, and products need to be reviewed. Everything has changed: circumstances, the economy, laws, tax rules, expectations, needs … everything.

Reevaluate all aspects of your planning with consideration to the current environment, while at the same time, confirming that you have addressed planning basics. This book will provide an overview of many of the issues you might need to review. Although the focus throughout the outline is on estate planning, estate planning cannot be addressed in a vacuum. Therefore, comments on a host of ancillary areas have been provided as well, all with an emphasis to the impact on estate planning. Given that ugly news seems to continuing pouring in, the subsequent comments cannot be complete, but hopefully will at least stimulate ideas about how to begin addressing the issues you may face.

091033PDF

Subscription Info

Publication On-Demand 2009
Product# 091033PDF
Availability:Online Access
Regular:$48.75
AICPA Member:$39.00
Your Price:$48.75
To receive your AICPA member discount, Sign In now, or Register using your AICPA membership number.
Choose the Standing Order Option and get these discounts on your initial purchase:

Publications--10% discount
CPE Self-Study--20% discount

Each new future annual edition will then be automatically shipped to you at a 10% discount.