Entries by admin

Discounted Assets and Funding Challenges in Estate Administration

by Kami Pomerantz Estate of Miriam M. Warne, T.C. Memo 2021-17 (February 18, 2021)  (“Warne”), a recent Tax Court case, illustrates a potential mismatch between the value of an asset for estate tax purposes and the value of the asset for purposes of the marital or charitable deduction from estate tax.  This mismatch can lead […]

2021 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code

by Jody H. Hall The 2021 cost of living adjustments of certain dollar amounts under the Colorado Probate Code has been published by the Colorado Department of Revenue.  Probate practitioners should be aware of the change in figures related to the intestate share of a decedent’s surviving spouse and supplemental elective-share.  The amounts for exempt property, […]

Utilizing a Power of Appointment Committee in WINGS

by Carol Warnick As previewed in my blog post of January 25, 2021, Wyoming laws provide an opportunity to utilize a Wyoming Incomplete Gift, Non-Grantor Trust (“WING”) to potentially avoid state income tax on the sale of assets.  My previous post outlined the basic rules that must be followed for the WING to work properly, and […]

Using a WING to Avoid State Income Tax on a Sale of Assets

by Carol Warnick One strategy for a client who wants to avoid state income tax on a sale of assets is to utilize a WING, a Wyoming Incomplete Gift, Non-Grantor trust (“WING”).  Certain other states allow ING trusts, but this blog post refers specifically to the ING trust in Wyoming, or the WING.  It is […]

Update on Colorado Remote Notary Law

by Jody H. Hall Remote notary law became effective in Colorado on December 31, 2020 thanks to Colorado SB20-96.  Many of us spent much of 2020 performing remote notarizations under the temporary authorization and rules suspending the in-person requirement for notarizations.  Approved Colorado Remote Notaries can now confidently provide remote notarizations as a service to our […]

Options for Transferring Vehicle Titles – Before or After the Owner’s Death

by Jody H. Hall Navigating the DMV can make anyone skittish, but in the specialized area of trusts and estates, it makes people downright nervous.  In addition, the Colorado DMV generally requires their own forms for transfers before or after death.  As with all other assets, the name or names on the actual vehicle title is […]

Utah Uniform Electronic Wills Act Set for Approval

by Peter K. Smyth Although the COVID-19 pandemic has changed many aspects of our lives, one thing that has not changed is the importance of estate planning. Creative, in-person signing ceremonies have emerged to ensure that plans are validly executed, including witnessing from opposite ends of a large conference table, witnessing signings through windows, and signing […]

Remotely Located Witnesses on Wills and Other Estate Planning Documents

by Jody H. Hall A few weeks ago, I shared an overview of remote notarizations in Colorado.  The Governor’s executive order suspending the requirement for a notary public to be physically present with the signer, along with the emergency notary rules surrounding a notarization via real-time audio-video communication issued by the Colorado Secretary of State, have […]

Preparing for Potential Tax Reform – Consider Wealth Transfer Planning in 2020

by Kami Pomerantz Current planning environment. While 2020 has been challenging in many ways, it has also provided favorable conditions for tax and wealth transfer planning. The U.S. is experiencing historically low interest rates, some assets have low valuations due to economic volatility, and current tax laws are favorable for wealth transfer planning transactions. These […]