What are the most popular documents in InterActive Legal? It’s an interesting question, and one we consider frequently as we work to bring our subscribers the most useful drafting resources. We could take a survey and the results would vary based on the time of year, the location of those replying, and the current political climate. In my role as Director of Education and Support Services, I have a unique opportunity to interact with our subscribers and see what documents and planning ideas are trending from time to time. Right now, at the end of 2020, I find the document asked about most by subscribers is an irrevocable trust for the benefit of the grantor’s spouse, sometimes called a spousal lifetime access trust, or “SLAT.” Lately, we have also had inquiries about Charitable Remainder Unitrusts (which some are using for retirement benefits planning, since the SECURE Act severely limited the ability to stretch-out distributions from retirement assets). Finally, we get questions about how best to draft what I consider to be “bread and butter” estate planning documents – your everyday Will or Revocable Trust with no estate tax planning – for clients who just need a good solid estate plan. Here are some thoughts on drafting in each of these areas. Continue reading

By Patrick O’Brien, CEO and co-founder of Executor.org It’s no secret that the internet has disrupted almost every industry known to man. From investing to tax filing, it has left a trail of both success and failure behind it, with winners and losers in those industries shifting in remarkable ways.... Continue reading

InterActive Legal, and its document assembly system, is built on AI. The decisions you select for your clients and are reflected in document you provide them are based on AI. Without AI, there would be no smart system that we now all enjoy and rely upon. Continue reading

Hiring needs in 2020 vary across a wide spectrum, with some firms busier than ever before and needing additional hands on deck, and other firms seeing fewer clients, and therefore little need to consider a plan for hiring. The InterActive Legal Content Team felt that the guest blog post below would be helpful to those of you who may need to add resources to your estate planning team now, and that those who are not currently in hiring mode could keep it in mind for when your need to hire returns. The step-by-step approach discussed may be a new way of looking at hiring while considering the bottom line, overall team billing and work efficiency, and best practices. Continue reading

In fact, the IRS is known to collect more additional wealth transfer taxes on account of challenges to values reported by taxpayers than all legal issues combined. Moreover, penalties of between 20% and 40% may be imposed on the amount of tax underpaid attributable to an undervaluation of property for wealth transfer tax purposes. Continue reading

Prominent Trusts and Estates attorneys Jonathan G. Blattmachr, Barron Henley, Thomas A. Tietz, Martin M. Shenkman, and Mary Vandernack provide their valuable tips for practicing and best serving clients during the current Coronavirus crisis. During the pandemic, trusts and estates services are acutely needed, and the authors give us the benefit of their collective experience. Continue reading

When the call comes from the plaintiff’s attorney asking what should be done about the client’s public benefits, be prepared to answer. The case is about to settle, or the verdict is in, and now the client wants to know how it will affect his or her benefits. Continue reading

Practitioners should be cautioned, however, that the use of the executive power to modify notary and witness requirements is, to our knowledge, unprecedented. Continue reading

by Vanessa L. Kanaga, Esq. Each year, at the annual Heckerling Institute on Estate Planning (known simply as "Heckerling"), InterActive Legal hosts a luncheon for our subscribers, prospective subscribers, and Advisors. The luncheon is our way of thanking those who support us (in addition to providing some sustenance in the... Continue reading

by David MacMahan Drafting estate and trust documents can be fairly routine or may require some serious planning, but it is extremely helpful to the family and solves the issues for how to preserve and divide wealth and assets. But what about the things typically described as, “divide the remaining... Continue reading

Bloomberg Tax and Accounting presented the Leonard L. Silverstein Award to InterActive Legal Founder and Editor-in-Chief, Jonathan G. Blattmachr. Continue reading

InterActive Legal Advisor and Director of Elder Law Strategy, Letha McDowell, was featured in a recent Money Magazine article titled How to Support Your Retired Parents Without Sinking Your Own Retirement Plan. The article sheds light on the seldom discussed topic of working-age children who find themselves in the position... Continue reading

by Anna E. Byrne One of the most difficult things we as estate planners face is the eventual and inevitable responsibility of helping and comforting a client whose spouse has passed away. It is heart wrenching. But it is also the time when we can most offer help and provide... Continue reading

Twas the week before Christmas, and Congress was trending Impeachment and budget bills both had been pending Articles to impeach were debated and passed And left for the Senate to later rehash With that taken care of, the next thing to do Was keep the government running, the whole year through Continue reading

Historical items can be valuable. This presentation-inscribed Colt Model 1861 New Model Navy Revolver, from the Colt Co. to E.W. Parsons of Adams Express Co., sold for $805,000 at a September 2011 auction. by Vanessa L. Kanaga, Esq. This article was originally published by Heritage Auctioneers & Galleries, Inc., "Trusts... Continue reading

by Audrey Ehrhardt, Esq., CBC, Practice42 ADA accessibility and compliance in law firm websites across the nation are becoming not only more relevant, but a necessity as we see an increasing amount of litigation against businesses over their websites. Website accessibility lawsuits center around the fact that all, or a... Continue reading

In January 2019, at The Heckerling Institute on Estate Planning, a select group of InterActive Legal subscribers were invited to a private luncheon screening of the documentary film, "Lives Well Lived." The film visits with 40 people ranging in age from 75 to 100 years young and casts a light... Continue reading

Melbourne, FL - InterActive Legal welcomes Deirdre R. Wheatley-Liss, Esq. and Scott M. Solkoff, Esq. to its Advisory Board. It is my honor to welcome two of the nation’s top elder law attorneys, Deirdre Wheatley-Liss and Scott Solkoff, to the InterActive Legal Advisory Board. It is fitting that Deirdre and... Continue reading

by Vanessa L. Kanaga, Esq. On May 23, 2019, the U.S. House of Representatives passed a bill that, if signed into law, would significantly change estate planning for Qualified Plans and IRAs (referred to herein, collectively, as "Retirement Benefits"). The Setting Every Community Up for Retirement Enhancement Act of 2019... Continue reading

Melbourne, FL — InterActive Legal extends a warm welcome to the newest member of its legal team, accomplished estate planning attorney, Mohineet Khosla. Mohineet Khosla received her J.D. from New York University School of Law in 2001. Following law school, Mohineet practiced for over a decade at Milbank LLP in... Continue reading

by Scott M. Solkoff, Esq.[1] Two major pressures are moving the practices of Estate Planning and Elder Law together. The dominant pressure is one of demand. For most Americans, the greatest threat to their financial well-being is not taxes. It is the cost of incapacity and long-term care. Addressing these... Continue reading

by Vanessa L. Kanaga, Esq. A recent set of articles published in the February issue of Trusts & Estates discusses the pros and cons of using Document Assembly Systems (referred to in the articles as "DAS"). The articles are nicely presented as a Point/Counterpoint feature. In the first article (the... Continue reading

© 2019 by Jonathan G. Blattmachr & Martin M. Shenkman. All Rights Reserved. With the estate, gift and GST exemption at nearly $11.5 million and scheduled to grow until 2026 when they will be cut in half, few advisers are focusing on wealth transfer tax planning for their clients. And... Continue reading

By Michael L. Graham, Esq. Your law firm email is secure, right? If it were not, you would have issues with your state’s ethical rules requiring you to keep client confidences. As a summary and guide for the multiple state ethical rules, ABA Model Rule of Professional Conduct §1.6(a) provides:... Continue reading

The time to address digital assets as part of your client’s estate plan may have begun to run out. We’ve all heard about digital assets, cryptocurrency and occasional lawsuits by family members against social media giants like Yahoo! and Facebook. But now the topic of digital assets will necessarily have landed on your desk when you begin the estate planning process for a client. Are you fully prepared to help your clients plan for this new asset class, and to protect yourself and your practice from doing the wrong thing? Continue reading