Trusts & Estates Law Blog

Category Archives: Taxation

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Weintraub Tobin Welcomes New Associate Laurel Dein

Posted in Estate and Trust Planning, Probate and Elder Abuse Litigation, Taxation, Trust
I am excited to announce that we have a new member on our Trusts and Estates team!  Laurel E. Dein has joined our Sacramento Office as an Associate.  Laurel’s practice focuses on all aspects of estate planning, including the preparation and implementation of both foundational and sophisticated trusts, wills, powers of attorney, health care documents,… Continue Reading

U.S. Supreme Court Ruling Regarding Inherited IRAs Highlights the Benefits of IRA Trusts

Posted in Taxation
Last Thursday, the United States Supreme Court ruled in Clark v. Rameker that funds held in inherited individual retirement accounts (IRAs) are not “retirement funds” for bankruptcy purposes. In October 2010, the Clarks filed for bankruptcy and claimed that Heidi Clark’s $300,000 inherited IRA was exempt from their bankruptcy estate under Section 522 of the… Continue Reading

Uncertainty Surrounding the Repeal of Proposition 13 May be a Reason to do Tax Planning Now to Avoid Increases in Property Taxes Later

Posted in Taxation
There has been a lot of talk lately about repealing parts of Proposition 13.   Passed in 1978, under this initiative, property tax increases are severely limited. The resulting loss of tax revenues was devastating to the public school system and other infrastructure in California.  Democrats who now have a supermajority in the state legislature are… Continue Reading

Now that there is “Portability” of the Estate Tax Unified Credit, Do I Need a Bypass Trust?

Posted in Taxation
This is a question that has arisen in my practice numerous times this year since “Portability” became permanent when the American Taxpayer Relief Act (ATRA) was signed in January 2013. And I’m sorry, but–the answer is “Maybe”. The Way It Was The majority of my clients want the surviving spouse to continue to be able to… Continue Reading