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Practical Estate-Planning Guidance

Memos: Tips and Traps

Ideas for optimizing estate planning, understanding common choices, and minimizing avoidable problems.

By Layne T. Rushforth

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Practical Advice for Estate Planning

Each memo has its own version date. Select “Read memo” to open a web page or “View PDF” to open a downloadable document.

Asset Ownership

An overview of the effects of different forms of asset ownership.

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Asset-Protection Trusts and Public Records

Choosing between privacy and protection when assets are held through a Nevada asset-protection trust, also known as a Nevada self-settled spendthrift trust.

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Avoiding Challenges to Estate Planning

Steps that may reduce the risk of estate-plan litigation, particularly when a person signing documents is elderly, infirm, or ill, or when the plan contains unusual provisions.

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“Crummey” Withdrawal Rights

An explanation of withdrawal rights used in irrevocable trusts to qualify gifts for the annual gift-tax exclusion, following Crummey v. Commissioner.

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Decanting a Trust in Nevada

How assets of an irrevocable trust may be transferred to a second trust with modified provisions.

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Dividing an A/B or A/B/C Trust After the First Death

Allocating assets among a survivor’s trust, decedent’s or credit-shelter trust, and possibly a marital or QTIP trust after the first spouse’s death.

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IRA and Retirement-Plan Beneficiary Designations

Considerations when choosing beneficiaries for an IRA or other retirement plan.

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Nevada Declaration of Domicile

Steps that may help establish legal residency in Nevada.

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Managing an SSST

Managing a Nevada self-settled spendthrift trust (SSST), a form of domestic asset-protection trust (DAPT).

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Mediation

An explanation of the procedures involved in informal mediation with an attorney from Rushforth Firm Ltd.

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Nevada Trust Company

Nevada law governing the formation of licensed and unlicensed trust companies, including family trust companies.

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The NING

An introduction to the Nevada incomplete-gift non-grantor trust. This strategy is generally intended to address state income tax—not federal transfer tax.

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Property Agreements for Couples

Potential benefits of cohabitation, prenuptial, postnuptial, marital-property, and domestic-partner agreements.

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Stealth Wealth: Keeping Assets Out of Public Records

Potential advantages and disadvantages of keeping asset ownership out of public records.

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Tax Identification Numbers

Which taxpayer identification number—such as a Social Security number or employer identification number—financial institutions may need for individuals, trusts, and business entities.

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Trust “Funding”

How assets may be transferred to a revocable trust—a process commonly called “funding” the trust.

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Trust Distribution Options

Ideas to consider when deciding how trust assets will ultimately be divided and distributed.

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Trust Modifications

An overview of ways in which revocable and irrevocable trusts may be modified.

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