Having Your Cake and Eating It Too - Transfer Planning for the Moderate ($11 Million+) Estate
Thank you to our meeting sponsor
With current federal estate tax exemption levels set to be cut in half in 2026, and an earlier, more drastic reduction possible depending on the outcome of this fall’s election, many individuals whose net worth is in the $11MM to $20MM range may wish to take advantage of today’s historic exemption levels. However, clients at this level of wealth may also fear the loss of access to their assets. In this session, we will learn how to structure gift transactions to allow a client access to transferred assets in the future, including factors to consider in determining which type of transaction best fits the client’s needs and an overview of the benefits and pitfalls of each approach.
DESSERT BEFORE DINNER!!
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Jocelyn Margolin Borowsky, partner at DuaneMorris in Wilmington, Delaware, practices in the areas of estate planning, estate and trust administration and fiduciary litigation in Delaware, New Jersey, and Pennsylvania. A large part of her practice involves the review of clients' overall estate plans, preparation of wills and revocable trusts, and where appropriate, implementation of sophisticated trusts, such as lifetime spousal trusts, asset protection trusts, life insurance trusts, dynasty trusts, BOLI trusts, DINGs, BDITs, GRATs and IDITs. Ms. Borowsky also works with closely-held family businesses and professionals on issues involving strategic tax and business planning, the use of captive insurance and the creation of private family foundations. Ms. Borowsky routinely advises clients with respect to resolving trust administration matters, modifying trusts, structuring new Delaware trusts and transferring existing trusts to Delaware through decanting or other means. As an active participant in state bar statutory drafting committees, she is well versed in the preparation of Delaware directed trusts and in the creation of confidential trusts. Ms. Borowsky also has served as an expert witness in matters involving a Delaware directed trust and an executor’s breach of fiduciary duty. Ms. Borowsky represents fiduciaries and beneficiaries in trust and estate litigation. She also handles tax controversy matters, including estate and gift tax audits by the Internal Revenue Service and state taxing authorities. Ms. Borowsky is a fellow of the American College of Trust and Estate Counsel ("ACTEC").
Barry A. Nelson, a shareholder in the Law Offices of Nelson & Nelson of Miami Beach, Florida, is a tax, wills, trusts and estate planning attorney and author of Estate Planning and Asset Protection in Florida: A Plan to Survive Unexpected Financial Threats. He practices in the areas of tax, estate planning and administration, asset protection, fiduciary matters, partnerships and business law. Mr. Nelson provides counsel to high net worth individuals and families focusing on income, estate and gift tax planning and assists business owners to most effectively pass their ownership interests from one generation to the next. He is an ACTEC Fellow and served as Chairman of its Asset Protection Committee. As the Founding Chairman of the Asset Preservation Committee of the Real Property, Probate and Trust Law Section of the Florida Bar, Mr. Nelson coordinated a treatise authored by committee members entitled Asset Protection in Florida (Florida Bar CLE 2008, 4th Edition 2015). Mr. Nelson wrote Chapter 5 entitled “Homestead: Creditor Issues.” Mr. Nelson served as an adjunct professor for the University of Miami School of Law LL.M. in Taxation program from 1998-2009 and as an adjunct professor at the University of Miami’s Graduate Department of Accounting from 1978-1995. He is a past President of the Greater Miami Tax Institute.
Gideon Rothschild is a partner with the New York City law firm of Moses & Singer LLP, where he co-chairs the Trusts & Estates and Wealth Preservation Group. He focuses his practice in the areas of domestic and international estate planning techniques for high net worth clients and is a nationally recognized authority on wealth preservation and offshore trusts. Mr. Rothschild is a Past Chair of the Real Property Trust & Estate Law Section of the American Bar Association, an ACTEC Fellow, Academician of The International Academy of Trust and Estate Lawyers and a past Chair of the New York Chapter of the Society of Trust and Estate Practitioners (STEP). Mr. Rothschild is the co-author of the BNA Tax Management Portfolio on Asset Protection Planning and is a member of the Editorial Advisory Boards of Tax Management Estates, Gifts, and Trusts, and Trusts and Estates. He is the author of numerous articles for publications including the New York Law Journal, Journal of Asset Protection, Trusts and Estates and Estate Planning, a former Adjunct Professor at New York Law School and the University of Miami School of Law Graduate Programs in Estate Planning, frequent lecturer on asset protection and estate planning to professional groups including University of Miami’s Philip E. Heckerling Institute, New York University Federal Tax Institute, the New York State Bar Association, the American Bar Association, the Southern Federal Tax Institute and the American Institute of Certified Public Accountants.