Neal Nusholtz's
Tax Guidance
Using a Joint Marital Trust to Minimize Capital Gains Taxes. Practitioners should understand at the outset that no case, published ruling, or private letter ruling directly validates the intentional springing of the Delaware Tax Trap for this purpose. This is an aggressive position that depends on state powers-of-appointment law, on careful drafting, and on a willingness to defend the ‘acquired from the decedent’ requirement of §1014(b)(9).
Alan A. May's
Probate Law Case
Summaries
Trying to obtain guidance, special fiduciary in a trust matter filed a petition for instruction. The petition addressed a possible improper withdrawal from an estate account, a minor as a caregiver and a potential conflict of interest. The Court suspended the guardian and approved a company as special fiduciary in the guardianship matter.
Kemp Klein Law Firm Success Stories
Kemp Klein Attorneys Joseph P. Buttiglieri and Robert S. Zawideh secured a $4.2 million settlement for disinherited plaintiffs in a will dispute involving an estate valued at approximately $21 million. After litigation, the parties agreed to a 60/40 division of the estate, with 40% allocated to a group excluded from the final will. Arbitration and mediation resulted in a substantial recovery for the disinherited nieces.
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