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01 April
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The role of Trust Protectors, Trust Advisers, and Special Fiduciaries

Posted by Robert L. Morris
in Trust Administration

This article explains some of the powers that Trust Protectors, Trust Advisers, and Special Fiduciaries might be given. Trust Protector: a trust protector is a third party who is given contractual powers to protect the terms of a trust.  The position of trust protector has been common in offshore asset protection planning but is a newer concept in onshore asset protection planning.  A trust protector’s powers and authority are spelled out in the trust instrument.  The most common power of a trust protector is the ability to remove and replace a trustee who is not administering the trust according to its...

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01 April
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Charging Order Protection is Now Available for Small Corporations

Posted by David M. Grant
in Asset Protection

The following article was written by David M. Grant and Jeremy K. Cooper and was originally published in COMMUNIQUÉ (May 2009, Vol. 30, No. 5), the official journal of the Clark County Bar Association. “What’s good for the goose is good for the gander.” This timeless cliché accurately portrays the logic behind Nevada’s recent ground-breaking decision to extend charging order protection beyond the realm of partnerships and limited-liability companies (LLCs) to corporations operating as small businesses. Closely-held corporations, until now, have never received the same charging order protection their partnership and LLC cousins have enjoyed, but because these entities share many commonalities,...

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01 April
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Family Friendly Provisions of the Nevada Probate Code

Posted by Robert L. Morris
in Probate

The unexpected loss of a loved one can leave a family not only with a huge emotional loss but also in financial straits. The purpose of the Nevada Probate Code, as found in Title 12 of the Nevada Revised Statutes, is to accomplish the speedy settlement of a decedent’s estates at the least expense to the parties involved. See NRS 132.010. A major concern of the Probate Code is the continued care of the surviving spouse and minor children. There are several family friendly provisions that allow for: 1) the set-aside of estates to surviving spouses and minor children despite the...

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28 March
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International Business Companies (“IBCs”) & Offshore LLCs

Posted by David M. Grant
in Asset Protection

The British Virgin Islands International Business Company.   As stated above, many foreign jurisdictions have taken the International Business Companies (IBC) Act of the British Virgin Islands (BVI) and adopted it with hardly any change.  For this reason the BVI’s laws are the “gold standard” in IBC legislation.  As such, this outline will cover some of the particulars of the BVI IBC law. History of the IBC in the BVI.  The BVI Business Companies Act, 2004 (as amended, the Act), is the sole corporate statute in the British Virgin Islands (“BVI”) and regulates all BVI companies. The old International Business Companies Act,...

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28 March
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Overview of Offshore Companies

Posted by David M. Grant
in Asset Protection

What is an offshore company?  Generally, an offshore company is one that is incorporated, organized, formed, and/or governed outside the jurisdiction where its primary operations take place and where its owners are domiciled. What are the typical requirements for registering an offshore company? Must be formed from outside.  Generally, an offshore company must be formed from outside the offshore jurisdiction. Cannot operate within the jurisdiction.  Generally, an offshore company may not “operate” within the jurisdiction of registration. Payment of registration and renewal fees.  Generally, an offshore company must pay nominal registration and renewal fees (annually) as assessed by the offshore jurisdiction in question. How are...

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27 March
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Trust Administration in Nevada

Posted by David M. Grant
in Trust Administration

Closing Procedures and Timeline.  Following is an explanation of the recommended administrative and termination procedures. Affidavit of Successor Trustee (“AST”) - The signing of an AST by the successor trustee formally installs them as the trustee of the Trust and is evidence of the same.  If real property is owned by the Trust, the AST will add the Successor Trustee to the title of the property upon recording in the proper county recorder’s office. Notice to creditors – In Nevada known creditors have thirty (30) days from mailing date to file a written claim with the Trustee and ninety (90) days from the first...

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27 March
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Donating Appreciated Stock

Posted by David M. Grant
in Estate Planning, Estate Tax Planning

(Republished in part from Vegas PBS Source Magazine, October 2011) Donating appreciated stock to charity is a sure way to generate a little tax relief for yourself.  If you do decide to donate stock, here are a few important points to consider before making your gift. Make sure the stock has appreciated.  If the stock has fallen in value since you purchased it, you may be better off selling the stock first to generate a capital loss.  Then, if you desire, you can donate the proceeds to charity. Select long-term stock. If you have owned the stock for more than one year before making...

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27 March
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Community Property vs. Separate Property for Estate Planning

Posted by David M. Grant
in Asset Protection, Estate Planning, Estate Tax Planning, Trust Administration

Community Property. Community property is everything that a husband and wife own together. Nevada is a community property state. This means both the husband and wife equally own all money earned by either one of them from the beginning of the marriage until the date of separation. In addition, all property acquired during the marriage with "community" money is owned equally by both the wife and husband, regardless of who purchased it.  Like community assets, all debts contracted from the beginning of the marriage until the date of separation are community debts. Therefore, each spouse is equally liable for debts. A full...

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27 March
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What is Estate Tax Portability?

Posted by David M. Grant
in Estate Planning, Estate Tax Planning

Before 2010, married couples could pass on up to two times the federal estate tax exemption by including "A-B Trusts" or "A-B-C Trusts" in their estate plan. Because TRA 2010 was a temporary law, many wondered if portability was a concept that would only work for those dying in 2011 and 2012.  We can stop wondering.  The “American Taxpayer Relief Act of 2012” (ATRA) is now "permanent" law.  Under ATRA, portability is a constant principal going forward. Now married couples may use “portability” to add any unused portion of the estate tax exemption of the first spouse to die to the...

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27 March
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Can a Trust Own an S Corporation Stock?

Posted by David M. Grant
in Estate Planning, Estate Tax Planning

[vc_row triangle_shape="no"][vc_column][vc_column_text] Many people ask if a trust can own S Corporation stock. In general, living trusts and testamentary trusts may hold S corporation stock only for two (2) years after the date of death of the grantor.  After death, the trusts become ineligible shareholders and the corporation will lose its S-election due to the Grantor's death. While the grantor of a living trust is living, the Trust would be qualified as a "grantor trust" for income tax purposes, thus allowing all items of income and expense to flow through to the trust's grantor.  Upon death, the grantor trust status is switched off.[/vc_column_text][vc_empty_space][/vc_column][/vc_row][vc_row...

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