500 N. Akard St., Suite 2200, Dallas, TX 75201

Grady Dickens

Time for the Charitable Remainder Trust to Make a Comeback

With the very real possibility that capital gains will be taxed at ordinary income rates for those making $1,ooo,ooo or more, it is time to consider the charitable remainder trust again.  A charitable remainder trust (CRT) is a split-interest trust, with the grantor receiving an income interest and charity receiving the remainder.  If you have …

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Secure Act Shrinks the Stretch

The recently enacted Secure Act, eliminates the life time stretch of retirement assets for non-spouse beneficiaries, with a few exceptions.  Instead, these assets will now be taxed within ten years.  For the charitably minded client, one idea being touted is a charitable remainder unitrust (CRT).  Based on materials I have seen, the ideal payout rate …

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Estate of Aaron U. Jones-Tax-affecting

The Tax Court in Estate of Aaron U. Jones upheld the use of tax-affecting in the valuation of gifts made of S corporation and limited partnership interests.  The business involved timber, and the income method is typically used to value an ongoing timber business.  Tax-affecting is adjusting the value to reflect an after tax value …

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The Beneficiary Deemed Owned Trust (BDOT)

Some well known planners, such as Stacy Eastland, are recommending consideration of the BDOT for families with significant wealth to plan with the existing $11.2 million exemption.  Most of you are aware of the Beneficiary Defective Inheritor’s Trust (BDIT), which is funded with only $5,000, and provides that all of that $5,000 may be withdrawn …

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The Tax Cuts and Jobs Act-How Bad Law is Created

Spent several days in San Antonio at the TexFed Tax Institute.  Most of the discussion was about the Tax Cuts and Jobs Act (“TCJA”) after two years.   The main takeaway was how poorly written the law is.  If you recall the law was put together in about three weeks.  While the lowering of the corporate …

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Who’s Your Daddy-Parentage in the age of Sperm Donation and Ancestry.Com

It is happening with more and more frequency…someone knocks on the door and announces him or her self as the child of the man answering the door.  DNA and the rise of Ancestry.com and the like have created this potentially awkward moment over and over again.   In many cases it is a beautiful moment.  I …

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But Honey I Thought You Loved Me-What to do When a Premarital Agreement Isn’t an Option

I have been involved in many premarital agreement situations where the parties got upset and decided the negotiations were hurting their relationship, so they decide to drop it.  In Texas, there is an option, however, for the person of means to pursue that can be done without the knowledge or consent of their fiancee. The …

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