United States: Trusts

For parents of a child with a disability, estate planning involves more than asset distribution—it requires ensuring long-term care and financial security. A special needs trust can provide resources without jeopardizing eligibility for SSI and Medicaid, but proper structuring, trustee selection, and coordination with the broader estate plan are essential to protect your loved one's future.

In New Jersey, irrevocable trusts can sometimes be modified through a process called decanting, which allows trustees to transfer assets into a new trust with different terms. Understanding when decanting is available under common law, what discretion trustees must have, and what tax and fiduciary risks are involved is essential for anyone administering or benefiting from an irrevocable trust in the state.

High-net-worth individuals and private equity investors increasingly explore offshore trusts as sophisticated wealth planning tools that may provide enhanced asset protection, investment management flexibility, and multigenerational wealth preservation. Understanding the strategic benefits, tax implications, and compliance requirements of these complex structures is essential for entrepreneurs, executives, and families seeking to protect significant holdings while maintaining appropriate control and meeting

New York City's Pied-à-Terre Tax imposes substantial annual surcharges on high-value residential properties that don't serve as primary residences, with rates ranging from 0.8% to 6.5% of assessed value depending on property type and valuation. The Department of Finance has issued implementation guidance and mailed notices to affected property owners, who must now navigate complex exemption requirements and documentation standards by the September 18, 2026 deadline. Critical questions remain unresolved

Estate planning has evolved beyond traditional assets like real estate and brokerage accounts to encompass a new frontier: digital assets including cryptocurrency wallets, NFT collections, and social media accounts. Without proper planning, these valuable online holdings may become permanently inaccessible or subject to costly litigation, leaving fiduciaries struggling to navigate complex legal frameworks that govern access but not ownership.

Something labeled “defective” usually does not work properly. The intentionally “defective” grantor trust, or “IDGT,” however, is a proven workhorse for tax-efficient business succession planning. A carefully planned and executed IDGT transaction enables business owners to transfer significant value in trust for the benefit of younger generations, with remarkable tax efficiency, while retaining control over the business. Two seemingly contradictory tax attributes of the IDGT underlie its tax efficiency.

The California Billionaire Tax Act (the “BTA”) contains multiple constitutional defects built into its design. It implicates the Due Process Clause, the Dormant Commerce Clause, and other constitutional limits in ways...

High-profile individuals and professional athletes face growing privacy risks as their real estate holdings, business interests, and financial information become increasingly accessible through public records.

In this tax exemption dispute, the D.C. Court of Appeals affirmed summary judgment in favor of the District of Columbia, holding that the 2021 deed conveying residential property from an irrevocable trust...