Current Developments in Estate Planning and Business Law: January 2022

By WealthCounsel Staff on Jan 21, 2022 10:00:00 AM

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From an Internal Revenue Service (IRS) Chief Counsel Advice affecting GRATs to decisions regarding the deduction of business losses, we have recently seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practice.

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California, the Deficit Reduction Act, and Stacked Gifting

By Jill Roamer, JD, CIPP/US on Jan 19, 2022 1:07:00 PM

California, the DRA, and Stacked Gifting

The Deficit Reduction Act of 2005 (DRA) did many things. It implemented new whistleblower protections, changed the annuity rules, allowed states to vary premiums and cost-sharing for Medicaid benefits, and instituted the “Money Follows the Person” rule. But the heavy hitters of the DRA were the modifications of the look-back period and the penalty period rules.

The look-back period is the time in which a Medicaid agency can scrutinize asset transfers. Certain transfers during this time may incur a penalty period where the applicant isn’t eligible for benefits. The DRA lengthened the look-back period to 60 months. Importantly, it also changed the rule that stated the penalty period began in the month the assets were transferred. After the DRA, the penalty period doesn’t begin until a Medicaid application is filed and the applicant is otherwise eligible for benefits.

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Cryptocurrency and Estate Planning

By WealthCounsel Staff on Jan 14, 2022 10:00:00 AM

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Cryptocurrency may be the “next big thing” on the level of the personal computer and the internet. The market has already reached a total value of $3 trillion. Investors are attracted to its anonymity and freedom from centralized control by banks or governments. Understanding virtual assets and how they differ from traditional currency can help you serve your estate planning clients. Read on to learn how cryptocurrency will affect your law practice.

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