Understand some of the ways states seek to impose their income taxes on individuals and trusts.
Everyone has a domicile. It may be acquired from one's parents, by marriage or place of residency. Many states impose their income and estate taxes on the basis of domicile. Often, changing domicile may avoid state taxes. But there are caveats. First, the person claiming a change of domicile must establish the change by clear and convincing evidence. Second, more than one state may lawfully find an individual domiciled in more than one state. Also, double or triple state income taxation may occur on the income of the same individual. Domicile or residence may also affect inheritance and property rights. Certain benefits (such as the double step-up in basis that occurs with respect to community property) may be lost by a change in residence. Other rights, such as to serve as a fiduciary or to employ a disinheritance clause against a will contest may be lost by a change. There are many steps that can be taken to attempt to ensure the best result for clients. This topic will explain several of them.
Agenda
Faculty
Jonathan G. Blattmachr
InterActive Legal
- Principal at InterActive Legal
- More than 45 years of experience in trusts and estates law
- Former partner in Milbank (formerly, Milbank Tweed Hadley & McCloy) in New York
- Admitted to the bars in New York, California, and Alaska
- Wrote or co-wrote nine books and more than 500 articles on estate planning topics
- Writes and lectures extensively on estate and income tax planning, as well as charitable giving
- Editor of Wealth Transfer Planning and founder of InterActive Legal - www.interactivelegal.com
Diana S.C. Zeydel
Greenberg Traurig, P.A.
- Shareholder and Global Chair of the Private Wealth Services practice of the law firm of Greenberg Traurig, P.A.
- Member of the Florida, New York and Alaska Bars and member of the American College of Trust and Estate Counsel (ACTEC) where she was a past member of its Board of Regents and past chair of its Estate & Gift Tax Committee
- Academician of The International Academy of Estate and Trust Law and a member of The Society of Trust and Estate Practitioners (STEP)
- Member of the Executive Council of the Real Property, Probate and Trust Law Section of the Florida Bar and an ACTEC liaison to the Section
- Ranked Band 1 nationwide in wealth management and Band 1 in tax in Florida by the Chambers USA High Net Worth Guide and is the recipient of the 2014, 2019 and 2020 IFLR/Euromoney “Best in Wealth Management” Americas Women in Business Law Awards
- Recognized as a “key figure in shaping the whole wealth management legal profession,” Chambers USA 2012 Client’s Guide
- Frequent lecturer on a variety of estate planning topics and wrote and co-wrote several recent articles
- LL.M. degree in taxation, New York University School of Law; J.D. degree, Yale Law School; B.A. degree, summa cum laude, Yale University
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