FLORIDA ESTATE PLANNING ATTORNEYS
ASSET PROTECTION PLANNING
CORPORATE & PARTNERSHIP LAW
PROBATE ADMINISTRATION
TAX LAW

 

The following articles and publications have been authored or co-authored by Barry Nelson and the attorneys of Nelson & Nelson, P.A.
 

LEGAL ARTICLES
ASSET PROTECTION & ESTATE PLANNING

   
Asset Protection & Estate Planning
Why Not Have Both?

WEB | PDF
2009.07.29

Neither asset protection planning nor estate planning should be viewed as a discipline unto itself. In today’s litigious environment, practitioners should consider combining asset protection planning with each estate plan prepared for a client. After all, if our clients’ assets are lost to a catastrophic judgment, even the most sophisticated estate planning techniques are likely to be worthless.

PRIOR VERSIONS: 2008 PDF

   
Throw Me From the Train

WEB | PDF
2008.10

Tell your family whether, if the occasion arises, they should take you off life support before the death tax repeal sunsets in 2011.

Intra-Family Loan and AFRs

WEB | PDF
2008.07.20

Intra-Family Loans are an effective way to shift wealth between family members. For those who routinely take advantage of annual exclusion gifts and want to convey additional tax-free wealth to family members, Intra-Family Loans should be considered.

IRS AFR RULINGS BY MONTH

You Already May Be An Asset Protection Lawyer. Take the Quiz.


WEB | PDF
2008.07.01

Trusts & Estates Magazine July 2008. The mere words "asset protection" make some lawyers wince. They think asset protection is dirty and those engaged in it are the ambulance chasers of the estate planning bar. Truth is, many lawyers already are engaging in asset protection without even knowing it. Don't believe me? Take this quiz yourself, give it to your estate-planning lawyer friends, and see.

Florida Surprise

WEB | PDF
2008.05.01

Trusts & Estates Magazine May 2008. Recent cases help keep the state's status as a haven - despite the 2005 Bankruptcy Act. This article addresses how you should hold title to your real property and financial investments to maximize asset protection.

Custom Bond Valuations
Can Save Clients Money


WEB | PDF
2008.05.01

Trusts & Estates Magazine May 2008. Institutions get higher prices for bonds than individuals - yet standard bond valuations are based on the institutional prices. The result: individuals can pay unnecessarily high estate taxes. Time to stop that. Filing a 706 with using standard valuations services where clients own a significant bond portfolio could possibly result in overpayment of estate taxes. Using a custom bond valuation may result in significant estate tax savings.

 

We recommend that our clients have sufficient umbrella insurance.

 

The Florida Bar Journal
January 2007
Rasmussen Court Allows Both Spouses $125,000 Exemptions and Protects Appreciation Within 1,215 Days of Bankruptcy

by Barry A. Nelson

   

Trusts & Estates Magazine - Nov. 2005
How Does the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Affect Florida Homestead?

by Barry A. Nelson

 

 

Homestead Protected
Rorie M. Sherman Briefing
Article by Barry A. Nelson

The 2005 bankruptcy act is likely to generate much uncertainty in the homestead arena. But In re Robin Bruce McNabb, 2005 Bankr. LEXIS 12341, suggests the act may not be as encompassing as Congress seems to have intended.

   

2 articles published in July 2004
Trusts & Estates Magazine

Introduction

The Frozen T-CLAT
By Donald R. Tescher & Barry A. Nelson

Florida Homestead Traps
By Barry A. Nelson & Kevin E. Packman

   

CURRENT TRENDS & TRAPS IN ESTATE PLANNING

2004/2005 VERSION
(Updated through September 1, 2004)

OTHER ARTICLES

 

LEGAL ARTICLES - TAX LAW
The following notice is required by the IRS: Any U.S. federal tax advice contained in the articles and information in this web site is not intended to be written or used, and cannot be used or relied upon, to avoid tax-related penalties under the Internal Revenue Code, or to promote, market or recommend to another any tax-related matter addressed herein.

 
 
   
  2006 Pension Law Update for 2006/2007 Charitable Giving
   

Trusts & Estates Magazine - June 2005
Repeal Could Really Happen

by Barry A. Nelson

If you're curious why the lower and middle class seem to approve of permanently repealing a tax on the wealthy, then read Yale University professors Michael J. Graetz's and Ian Shapiro's Death by a Thousand Cuts. Barry A. Nelson reviews the recently published book and concludes that, after years of a well-financed misinformation campaign, the fight to preserve the estate tax may already be lost.

   

FAMILY LIMITED PARTNERSHIP MEMO
Latest IRS Court case reflects tax court's most recent application of Code Section 2036(a)(1) to Family Limited Partnerships.

 

CBO - The Estate Tax and Charitable Giving

Congressional Budget Office Releases July, 2004 report estimating that raising the estate tax exemption from $675,000 to $2 million or $3.5 million would reduce charitable giving by less than 3 percent, but eliminating the tax would reduce giving by 6 to 12 percent.


Florida's Homestead Laws:
Pitfalls and Traps for the Non-Florida Practitioner

 

The Tax-Cut Con
September 14, 2003
An excellent article published by New York Times Magazine regarding  the benefits and drawbacks of current income and estate tax cuts and their consequences.
You will need to sign up with the New York Times for a FREE account to view the article!

 

2002 Bankruptcy Reform & Asset Protection Update

 

For more information regarding estate planning, read:
Planning Your Estate—A Step by Step Approach

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