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Future Focused: Sophisticated Estate Planning
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Future Focused: Sophisticated Estate Planning

Author: Wiggin and Dana LLP's Erin Nicholls and Michael Clear

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Welcome to Future Focused: Sophisticated Estate Planning with Wiggin and Dana LLP, the show where you can learn high-level estate planning techniques in a manner that is accessible and understandable. This is the show where CPA’s, Insurance Professionals, Investment Bankers, Trust Companies, CFP’s, and more can firm up on their understanding of estate planning strategies so that they can better guide their clients to make wise decisions with their legacy.

Future Focused is hosted by Erin Nicholls and Michael Clear, Partners of the Private Client Services department at Wiggin and Dana, LLP, with the aim of preserving the wealth that a family has worked so hard to create, we pride ourselves in offering value driven solutions and results.

Head on over to Wiggin and Dana’s Private Client Services page where you can subscribe to this show on your favorite podcast platforms, share episodes with your clients, and follow our highly talented, creative, and experienced lawyers on LinkedIn for even more great insight.
27 Episodes
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On this episode, Partners Michael Clear and Erin Nicholls review the requirements under the Corporate Transparency Act (“CTA”) now in effect. They discuss what exemptions available to entities, who the beneficial owners are, when to file reports, and other insights into what is needed to comply with the CTA. Be sure to tune into this episode and review our other related content to learn more. Feel free to contact a Wiggin and Dana attorney with any questions.
Do your children think money grows on trees? Do they understand the value of a dollar? On this week’s episode, Partner Michael Clear sits down with Tom Henske, author of It Makes Total Cents, which gives parents tools to have an honest conversation with their kids about the value of money and the importance of starting the conversation at a young age. With a background in structuring life insurance portfolios for high-net-worth individuals and financial planning, Tom has made it his business to not only help clients prepare the money for their kids, but to also prepare the kids for the money. Be sure to tune in to learn more and check out totalcents, where you can find Tom’s book and podcast, and The Affluent Insurance Advisor, for life insurance policy information. 
On this episode, Partner Michael Clear sits down with Larry Lipoff, CPA, TEP, CEBS, who is a Director in CohnReznick’s Trusts and Estates Practice, to discuss the key takeaways from the 58th Annual Heckerling Institute on Estate Planning Conference. They dive into topics such as the “Rockefeller Waterfall,” planning with fluctuating interest rates, a possible upheaval in residential and commercial real estate, trustee liability, gift splitting, and more. Tune in as Michael and Larry break down a number of topics that will inevitably affect how practitioners advise their clients on estate planning well into the future.
Life insurance can be a valuable estate planning tool for generational wealth planning, creating liquidity and time diversification. On this week’s episode, Michael Clear and special guest Sarah Moore, Director of Advisor Relations at the Coyle Company, a firm that handles estate planning and business planning matters, discuss the importance of reviewing existing life insurance policies and portfolios to ensure they align with long-term estate planning goals.  They delve into the impact of rising interest rates on life insurance policies and loans, and the need for trustees to regularly review policies for optimal performance. Tune in to learn how life insurance and proper trust planning can be a powerful estate planning tool for high-net-worth clients.
The role of a conservator is often misunderstood and recent headlines about celebrity conservatorships tend to paint conservatorships in a negative light. However, in this episode, Hosts Erin Nicholls and Michael Clear, provide context to understanding the differences between conservatorship of the person and of the estate, voluntary and involuntary conservatorships, and how planning documents like powers of attorney and living trusts can help protect against the need for a conservatorship. This informative and engaging discussion is a must-listen for anyone interested in better understanding the real-world implications of conservatorships, as well as alternative strategies for managing one’s health and financial well-being.
With so many people fleeing their northern home states and heading south for a sunnier lifestyle, it’s more important than ever to understand the process of changing domicile and residence. On this week’s episode, Partner Michael Clear travels to sunny Florida and chats with Florida-based Partner Veronica Bauer on the necessary “checklist” to declare domicile and residence in the state of Florida. They cover important steps such as obtaining a Florida driver's license, registering to vote, and filing a Declaration of Domicile. They also provide insights into the homestead exemption and how to avoid triggering events that could affect your domicile status. Their conversation is informative and provides helpful tips for those considering a move to Florida, so tune in to learn more.  
Ready to kick off the New Year and make good on all those estate planning resolutions? On this first episode of 2024, Partners Erin Nicholls and Michael Clear highlight the estate planning opportunities resulting from changes in estate, gift and generation-skipping tax exemptions and discuss why 2024 is a good year to consider making big gifts before the exemptions are halved in 2026. They also discuss the importance of reviewing and updating your estate plans, including planning for beneficiaries, trust funding and making any desired changes to fiduciaries. 2024 will be the year to set clear goals, plan strategically, and focus on estate planning before it’s too late.
As we wrap up 2023, let us take a look back at some of the important estate planning topics that were discussed throughout the year. Our Partners Erin Nicholls and Michael Clear and their distinguished guests shared their expertise on a wide range of subjects, including Using Trusts for Your Beneficiaries, SLATs, Estate Planning and Digital Assets, Key Considerations with Generation-Skipping Transfer Tax, How to Include Family Members in an Estate Planning Conversation, The Corporate Transparency Act, and Prenuptial Agreements. You can access the full episodes by clicking the link below to better understand these topics. Plus, we have exciting plans to bring you more informative and insightful episodes next year, so stay tuned! 
As 2023 draws to a close, we gear up for a busy holiday season and start planning for 2024 (#FutureFocused). On this week’s episode, Partners Erin Nicholls and Michael Clear highlight a few things that clients and advisors should focus on as we near the end of the year, including putting the finishing touches on estate plans, making annual exclusion gifts, charitable donations, and required minimum distributions from IRAs. Tune in to learn more and check back in the new year for fresh episodes on even more interesting, sophisticated estate planning strategies.
On this episode of “Future Focused: Sophisticated Estate Planning,” Partners Erin Nicholls and Michael Clear sit down with Partner Helen Heintz to discuss the intricacies of prenuptial agreements. From the nuances of defining separate and marital property to navigating potential pitfalls, they review the complexities and importance of prenups in protecting wealth. Helen also sheds light on the significance of full disclosure, the ideal timeline for drafting agreements, and addresses common misconceptions, offering valuable insights for professionals guiding their clients through the prenuptial process. Tune in to gain a comprehensive understanding of prenuptial agreements and how they play a crucial role in estate planning.
For many, pets are part of their family like any other family member, sometimes more so. That said, who cares for your pets after your death, and what money can be set aside for their support? Questions like these are addressed on this episode of “Future Focused: Sophisticated Estate Planning,” where Partners Erin Nicholls and Michael Clear discuss various estate planning approaches, including making a bequest, funding a pet trust and designating entrusted people to care for your pets after your death.
For many potential home buyers, purchasing a home can be daunting, especially in today’s housing market. It is often a huge financial burden, and many will need some assistance to close the deal. On this episode of “Future Focused: Sophisticated Estate Planning,” Partners Erin Nicholls and Michael Clear discuss several available options to assist with purchasing a home for a family member, including intrafamily loans, purchasing through a trust, or gifting money. Tune into this episode to learn more and contact your Wiggin and Dana attorney with any questions and for further guidance.
There has been a longstanding effort globally and a lot of pressure on the United States to implement some sort of registry on a federal level for ownership of small and mid-sized entities. On today’s episode of “Future Focused, Sophisticated Estate Planning,” Partners Erin Nicholls and Michael Clear chat with Partner Carolyn Reers about the Corporate Transparency Act (CTA), which requires disclosure of previously private beneficial ownership, formation, and management information for certain entities to the Federal government with the purpose of detecting and, ultimately, preventing money laundering and terrorist activities using these entities.Be sure to tune into this episode to learn how the CTA has dramatically changed the landscape of small to mid-sized business reporting in the United States and do not hesitate to contact your Wiggin and Dana Private Client Services attorney with any questions.
Funding education at any level can be a large expense and may require a lot of advanced planning. In this episode of "Future Focused: Sophisticated Estate Planning," hosts Erin Nicholls and Michael Clear discuss key strategies for funding educational expenses. They explore various options, including the direct payment of tuition, 529 educational funding plans, and the use of trusts. Erin and Michael highlight the flexibility and tax advantages of these strategies, making it a must-listen for clients as well as professionals in the field of estate planning. Be sure to tune into this episode to learn how to optimize these strategies to meet your needs and contact your Wiggin and Dana Private Client Services attorney if you have questions about funding educational expenses. Related Content: 3 Key Strategies for Funding Educational ExpensesEstate Tax Planning and the Often-Overlooked Power of the “Med-Ed Exclusion” Estate Planning for College-Aged Children
Trustees behaving badly? In this episode of "Future Focused," hosts Erin Nicholls and Michael Clear discuss trusts and mechanisms available for a trust beneficiary to remove a trustee. From understanding the roles of trustees and educating beneficiaries to exploring communication breakdowns, compromise options, and even judicial routes, Michael and Erin provide expert insights and strategies for reclaiming control and resolving trust-related grievances. Be sure to tune into this episode and contact your Wiggin and Dana Private Client Services attorney if you have questions about the role of a trustee or if you are considering removing a trustee.Related Content: Removal of Trustees: Practice Points and Strategy from Rodowicz v. Bernard Roles and Responsibilities of a Trustee with Wiggin and Dana partner, Michael ClearTrustee Selection Brochure
In this episode of “Future Focused,” Partners Erin Nicholls and Michael Clear discuss the operation of family foundations as a wealth planning strategy. They highlight the trade-offs between donor advised funds and private foundations, focusing on the annual requirements of private foundations. They cover topics such as federal reporting, the 5% minimum distribution requirement, state-level reporting, annual meetings, and grant-making best practices. This episode provides valuable insights for high-net-worth individuals interested in philanthropic endeavors and sheds light on the complexity of administering private foundations.Be sure to tune in and contact your Wiggin and Dana Private Client Services attorney to discuss charitable planning options that may be right for you or for your client.Related Content: 5 Key Annual Requirements for Private Foundations
In an ever-evolving landscape, it's crucial to audit an estate plan and ensure it keeps pace with your life. On this episode, Partners Erin Nicholls and Michael Clear dive into the importance of revisiting your estate plan, examining the impact of changes in asset levels, evolving inter-personal relationships, relocating to a new state, and changes tax laws. They provide valuable insight into conducting a successful estate plan audit, equipping you with the knowledge and tools to safeguard your legacy.Be sure to tune in and reach out to your Wiggin and Dana Private Client Services attorney to conduct an estate plan audit. 
With summer swiftly approaching, many families will be celebrating high school graduations and making plans to send those children off to college. But many are not prepared for the reality that parents lose their ability to access health and financial information related to their children after those children become young adults. Parents, therefore, may find themselves unable to assist their child with critical decisions as a child moves away from the home, often to a college campus.On this episode Partners Erin Nicholls and Michael Clear highlight the key documents that are essential to ensuring financial and medical decision-making powers are in place should the unexpected happen. They will give insight as to why having a Power of Attorney, Health Care Documents and a Will in place is essential for many young adults.We know this time of year can be exciting and stressful for many families and adding one more item to the to-do list is not preferred, but using this major life event to (i) educate a young adult about estate planning and (ii) ensure continuity in care is vitally important. Tune into this week’s episode to learn how Wiggin and Dana’s Private Client Services team can help clients and their young adult children plan for the future.
On this episode, join Partners Erin Nicholls and Michael Clear as they dive into a discussion on jurisdiction selection in the context of advanced planning strategies. What does it mean to select a jurisdiction when establishing a trust, and what benefits are available when considering one jurisdiction over another? Erin and Michael address these questions and more, with a primary focus on the following factors: (i) the rule against perpetuities, (ii) bifurcation of trustee duties, and (iii) income tax implications. These and other factors help to determine which jurisdiction is best suited to address a client’s specific goals. There is a lot to consider when selecting a jurisdiction for a trust, so tune into this episode to learn more and be sure to reach out to the Wiggin and Dana’s Private Client Services team to further assist.
On this episode, join Partners Dan Daniels and Michael Clear as they discuss the importance of educating the next generation on an estate planning matters. From the protection of assets in cases of divorce or litigation, to aligning a child’s assumptions with reality, you will gain insight on how best to structure a family meeting and facilitate a productive conversation for all members involved. Whether it be a pending marriage or a death in the family, these life events often trigger the need for a family meeting where family members can gain insight about the flow of assets under the plan and who has decision making powers. We know how difficult these conversations can be, so tune into this week’s episode to learn how Wiggin and Dana’s Private Client Services team can assist you in your own discussions with the next generation on estate planning matters.
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