Seven Trust-Based Asset Protections Strategies for Your Clients

Posted by Robert L. Arone – Asset protection planning is a powerful way to provide additional value to your clients. In this newsletter you will learn about seven trust-based asset protection strategies and how they can: Protect your client’s assets from creditors, lawsuits, and divorcing spouses. Protect client’s assets gifted to, or inherited by, a spouse, children, or other beneficiaries. If you have questions or would like help with an analysis of which clients would benefit, please call our office now. Lifetime Asset Protection Trusts – Having Your Cake and Eating it Too A Lifetime Asset Protection Trust is an Irrevocable Trust created during the client’s lifetime that can be used to: Qualify the client for Medicaid, while preserving an income stream for the well spouse and protecting the trust assets from estate recovery after the client dies – Medicaid Planning Trusts Create a lifetime trust for the benefit of the client’s spouse,

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American Tax Relief Giving Back $16 Million To Clients

By Eric P. Rothenberg, Esq. – August 15, 2014 – According to today’s Boston Globe, the Federal Trade Commission (FTC) was able to get a federal judge to close down a company taking advantage of taxpayers needing tax relief from their debts to the IRS and state revenue agencies. American Tax Relief is giving back $16 Million to over 18,000 clients for making false promises to them. The FTC said American Tax Relief brought in over $100 Million charging individual taxpayers between $3,200 to $25,000. Not only did the owners of American Tax Relief have to give up all their assets, even the owner’s parents had to give up condominiums, jewelry and money. The FTC alleged that the company did not gather sufficient information from consumers to know whether they would be likely to qualify for either an Offer in Compromise or a penalty abatement. The FTC said not to

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Adult Guardianship in Massachusetts

By Eric P. Rothenberg, Esq. – When a loved one becomes disabled or otherwise unable to make rationale and sound decisions or communicate needs regarding their own health, safety or self-care, you should seriously consider having an adult guardianship appointed. The advocate is usually appointed in a written legal agreement drawn up by the attorneys of both parties, but if this legal document does not exist, the court of Massachusetts can step in to appoint a guardian for a disabled individual. In either case, guardianship must be approved by the court as legally binding. How to Determine if Legal Guardianship is Necessary Since every case is unique, it is up to loved ones to ultimately make the final decision whether an individual’s medical or physical impairment has rendered them unable to make cognitive decisions on their health, safety, and everyday needs. Examples of impairments can include, but are not limited

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The Great Property (and Tax) Comeback

Attorney Eric Rothenberg was quoted in The Wall Street Journal recently in an article titled “The Great Property (and Tax) Comeback”.  We’ve provided an excerpt below and you may read the entire article here. March 28, 2014 Higher real-estate prices normally spell good news for sellers, but there’s an associated cost that many tend to forget: A property will probably generate much higher estate taxes upon the owner’s death than it would have a few years ago. What’s more, estate taxes have been rising faster than property prices and asset values—and, some experts say, they are likely to rise even further. Yet some legal maneuvering may help cushion the blow. Some experts prefer the LLC route. Over time, it can allow for a “substantial wealth transfer at no cost to the parent,” says Eric Rothenberg, a tax attorney with a law firm based in Needham, Mass. But the big issue

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Partner Cannot Deduct Unreimbursed Expenses

By Eric P. Rothenberg, Esq. – The difficulty for a partner to deduct their own out-of-pocket expenses, not paid for by their partnership, was recently outlined well by the Fifth Circuit Court of Appeals in McLauchlan v. Commissioner of Internal Revenue [citation omitted and decided March 6, 2014].  These situations come up often with RE brokers, attorneys, CPAs, and other professional partnerships. Many partnership agreements are quite specific about what expenses the partner may seek to have the partnership reimburse them.  These include common costs we expect such as use of car, cell phone, meals, entertainment and continuing education. These can add up to a lot of money. But there are often even less common expenses such as contract labor [commercial RE brokers often hire financial consultants to provide reports to the buyers and can be paid a percentage of the fee, hourly, or even a flat fee and these

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