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Improving Tax and Asset Protection Benefits Rung by Rung

Stairway to heavenMartin M. Shenkman (Attorney, New Jersey and New York) recently published his article entitled Stairway to Estate Planning Heaven, Wealth Strategies Journal, Nov. 29, 2011. An excerpt for the article is below:

Summary: Led Zeppelin’s classic hit has remained popular with boomers as a paradigm for their estate planning. Rung by rung you can improve your tax and asset protection benefits by climbing upward towards estate planning heaven. We’ll start at the bottom and work upward.

Father Knows Best Trust.

Coke classic might be great, but not Trust Classic. Most folks have used for a long time in their estate plans. These antiques typically mandate that income be paid out annually, name the beneficiary as a trustee, give the beneficiary in his capacity as trustee the right to distribute money to himself (often limited to an “ascertainable standard” – health, education, maintenance and welfare). Most of these trusts ) pay out trust principal at specified ages, say as 1/2 at ages 25, and the balance at 30. Well, if you think wearing one of those Jim Anderson outfits is fresh, then this is just the type of trust you’d still want in your planning arsenal – Not! If your trust is a model T, don’t give up, you might be able to have the trust invest assets into a well crafted limited liability company (LLC) and create a new layer of control and protection. Other corrective steps might be possible. But this is not the kinda trust you want by choice.