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Bryan Cave Trusts and Estates Group Recognized as National Tier 1 Firm

Bryan Cave LLP has once again been recognized as a U.S. News – Best Lawyers® “Best Law Firms” National Tier 1 ranked firm for its work in Trusts & Estates.  Awards are determined using several criteria, including: client evaluations, peer attorney feedback, and, notably, managing partners and practice area chairs’ reviews. Congrats to the Bryan Cave Private Client Group!

Georgia Superior Court Could Not Sanction Probate Court Conduct

February 28, 2018

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Probate court practice can be quirky, fraught with procedural peculiarities and appellate traps for those who do not regularly practice there.  Appeals from a Georgia county probate court to that county’s superior court – an appellate process that does not apply to every probate court in Georgia but only to those in certain counties – is one arena in which these quirks frequently arise.  Often, the issues relate to jurisdiction between the two courts.  In McNair v. McNair, the Georgia Court of Appeals addressed a superior court’s authority to impose sanctions for conduct that occurred in probate court proceedings in the same case but prior to the appeal to superior court.

The short answer?  It can’t.

Estate disputes are among the most hotly contested disputes for myriad reasons, not the least of which is they often involve family.  So, it’s not

Chambers Global 2018

Chambers Global 2018

February 15, 2018

Authored by: Tiffany McKenzie

Chambers & Partners has recognized London Partner, Dyke Arboneaux,  in the Chambers Global 2018 guide.

Arboneaux is ranked globally in Band 3 for her international private client work. She also is recognized as a foreign expert based in the UK for her work in the USA Tax section of the guide. The publication notes that one source praised Arboneaux’s “broad expertise and experience.”

For more information about Chambers and Partners, visit their website at www.chambersandpartners.com.

Howard and Glosier Accepted into STEP

February 7, 2018

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Associates, Brent Howard, Atlanta,  and Linsey Glosier, Denver/St.Louis, were accepted into the Society of Trust and Estate Practitioners (STEP). STEP is a global professional association for practitioners who specialize in family inheritance and succession planning.

When Military Wills Do Not Contemplate Future-Born Children

February 7, 2018

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Estate planning probably isn’t high on the priority list for many 20-year-olds, even if they are 20-year-olds serving in uniform.  While the Armed Forces may make it easy for those serving our country to get a will, these testators may need to be reminded to update those wills they executed as certain life events occur, like getting married or having children.  So it was in Hobbs v. Winfield, where the Georgia Supreme Court determined that the military will executed by a 20-year-old did not contemplate the birth of future children and, therefore, the birth of those children revoked his will.

At 20-years-old, while serving in the military, the testator executed a will.  The will named the testator’s mother as his sole beneficiary and personal representative, and, if his mother predeceased him, his ‘grandmother’ was the successor beneficiary and personal representative.  The testator then had the first

The Effect of Tax Changes On Transfers from IRAs to Charity

The Tax Cuts and Jobs Act of 2017 (TCJA) eliminated all miscellaneous itemized deductions that are subject to the 2% floor, capped state and local taxes deduction at $10,000, and doubled the standard deduction for single persons to $12,000 and married couples to $24,000.  As a result of this triumvirate of changes, the individual taxpayer who is over age 70½ is now faced with new computation to make to determine how best to report deductions on the Form 1040 beginning this year and a new opportunity, if managed correctly, to maximize deductions and minimize taxable income.

 

IRC § 408(d)(8) permits anyone who is over age 70½ to transfer up to $100,000 per year from his/her IRA directly to public charities without reflecting the distribution in taxable income on the taxpayer’s Form 1040.  This technique allows the IRA owner to satisfy the taxpayer’s charitable giving and his/her Required Minimum Distribution

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