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		<title>Planning for Estates </title>
		<link>http://www.planningforestates.com/</link>
		<description></description>
		<language>en-us</language>
		<lastBuildDate>Fri, 30 Jul 2010 11:31:47 CDT</lastBuildDate>
		<webMaster>webmaster@planningforestates.com (Webmaster)</webMaster>
		<item>
			<title><![CDATA[Should I Convert to a Roth IRA?]]></title>
			<guid>http://www.planningforestates.com/blog/view.php?blog_id=778</guid>
			<link>http://www.planningforestates.com/blog/view.php?blog_id=778</link>
			<description><![CDATA[In the coming months, you'll be hearing a lot about Roth IRA conversions, due to the elimination of the $100,000 income limit, effective January 1, 2010. Beginning January 1, 2010, taxpayers at all income levels will be able to convert, and the resulting income tax liability is payable over two years, 2011 and 2012. The answer to this question is both mathematical and political.]]></description>
			<pubDate>Thu, 03 Sep 2009 10:46:07 CDT</pubDate>
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			<title><![CDATA[Helping Clients Avoid Retirement Ruin]]></title>
			<guid>http://www.planningforestates.com/blog/view.php?blog_id=707</guid>
			<link>http://www.planningforestates.com/blog/view.php?blog_id=707</link>
			<description><![CDATA[As clients struggle to come to grips with the new reality, they are faced with two unpleasant choices. "Do I protect the money I have left and invest in low yielding safe-investments, with no hope of ever recovering, or do I follow conventional wisdom and remain invested in equities and hope for the best?"]]></description>
			<pubDate>Mon, 01 Jun 2009 08:34:25 CDT</pubDate>
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		<item>
			<title><![CDATA[Estate Planning is a Process]]></title>
			<guid>http://www.planningforestates.com/blog/view.php?blog_id=706</guid>
			<link>http://www.planningforestates.com/blog/view.php?blog_id=706</link>
			<description><![CDATA[Many clients do their planning at year end, which is not necessarily the best timing. Planning should carry through the entire year. Now that tax day has passed, it's as good a time as any to review and update your estate plan. Like your annual physical, it is wise to also have a legal checkup. The following are a few areas that should be considered, although they may not all be appropriate for everybody...]]></description>
			<pubDate>Wed, 20 May 2009 11:34:32 CDT</pubDate>
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			<title><![CDATA[I didn't know my premium could go up!]]></title>
			<guid>http://www.planningforestates.com/blog/view.php?blog_id=686</guid>
			<link>http://www.planningforestates.com/blog/view.php?blog_id=686</link>
			<description><![CDATA[That is the consumer cry that has resounded in the news media with regard to rate increases on long term care insurance policies. What's imperative to know is that long term care insurance policies are Guaranteed Renewable, but the premium you pay is not.&nbsp; Guaranteed renewable means that you have the right to continue the policy as long as you pay your premiums on time.&nbsp; If something happens to your health years from now, as long as you pay your premium on time, your policy will be there for you.&nbsp; But within that same paragraph in the policy you will find words to the effect that&nbsp; "________________ Insurance Company may increase the premium you pay."]]></description>
			<pubDate>Wed, 20 May 2009 07:58:02 CDT</pubDate>
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			<title><![CDATA[Everything you've always wanted to know about Long Term Care Insurance... But were afraid to ask...]]></title>
			<guid>http://www.planningforestates.com/blog/view.php?blog_id=687</guid>
			<link>http://www.planningforestates.com/blog/view.php?blog_id=687</link>
			<description><![CDATA[ Long Term Care is the daily care required due to chronic illness or disability. It's an ever changing array of services aimed at helping people compensate for limitations in their ability to live independently. It can range from assistance with household chores to highly skilled medical care. It can be delivered in your home, in an assisted living facility, in an adult day care center, in a nursing home, or in a variety of other settings.]]></description>
			<pubDate>Wed, 20 May 2009 07:58:01 CDT</pubDate>
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			<title><![CDATA[Underwater Annuities]]></title>
			<guid>http://www.planningforestates.com/blog/view.php?blog_id=688</guid>
			<link>http://www.planningforestates.com/blog/view.php?blog_id=688</link>
			<description><![CDATA[Based on the number of calls we are receiving from advisors, clients are looking for advice on what to do with underperforming variable annuities. Variable annuities are complex financial instruments, and the advisor needs to be familiar with the minute details within the annuity contract. Many of these contracts were purchased for guaranteed income and death benefits, and you need to consider what happens with the annuity death benefit and living benefit and the way they relate to one another.]]></description>
			<pubDate>Wed, 20 May 2009 07:58:00 CDT</pubDate>
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			<title><![CDATA[Enhancing the Planning Value of Grats]]></title>
			<guid>http://www.planningforestates.com/blog/view.php?blog_id=700</guid>
			<link>http://www.planningforestates.com/blog/view.php?blog_id=700</link>
			<description><![CDATA[Grantor Retained Annuity Trusts ("GRATs") are one of the most important wealth transfer planning techniques available.&nbsp; Standing alone GRATs can be used to accomplish substantial wealth transfers; however, when properly structured and coordinated together with other planning tools such as self-cancelling installment notes ("SCINs") and intentionally defective trusts ("IDITs") wealth transfers to donees and beneficiaries can explode exponentially.&nbsp; This two part article will discuss a number of planning techniques which can increase substantially the planning value of GRATs both individually and in combination with other estate planning tools.]]></description>
			<pubDate>Wed, 20 May 2009 07:57:58 CDT</pubDate>
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			<title><![CDATA[Weigh Retirement Plan Choices Carefully When Leaving an Employer]]></title>
			<guid>http://www.planningforestates.com/blog/view.php?blog_id=704</guid>
			<link>http://www.planningforestates.com/blog/view.php?blog_id=704</link>
			<description><![CDATA[We all like to think that we make rational and wise decisions when managing our money. But most of us are influenced far more by our emotions than our brains. Why do smart people make irrational investment decisions so commonly and so easily? The fascinating study of behavioral economics and decision science fills many books, but let's look at a few of the ways in which investors' minds play tricks on them.]]></description>
			<pubDate>Wed, 20 May 2009 07:57:51 CDT</pubDate>
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			<title><![CDATA[New Blog Author Bradford Winton]]></title>
			<guid>http://www.planningforestates.com/blog/bradfordwinton/</guid>
			<link>http://www.planningforestates.com/blog/bradfordwinton/</link>
			<description><![CDATA[Education:
-CHARTERED RETIREMENT PLANNING COUNSELOR? ? The College for Financial Planning
-Rule 144 Specialist for Stock Options and Restricted Stock 
-Certificate in Leadership ? National Outdoor Leadership School (NOLS ? Alaska) 2002
-Bachelor of Arts: Economics ? The University of Delaware 2003
-Certificate in Financial Planning ? The University of Delaware 2007
-Executive Masters in Business Administration ? The University of Delaware 2010 (expected)

FINRA Registrations:
-Series 7 - General Securities
-Series 31 - Commodities Futures Exam
-Series 66 - Uniform State Law Exam

Experience:
February 2009 to Present
-Legacy Solutions, Inc. ? Financial Planner for a corporation that specializes in wealth management, estate planning, retirement planning and executive benefits.  Affiliated with Capital Analysts Incorporated which is an independent broker dealer that assists in securing and providing due diligence of select money managers and facilitating all securities activities which are cleared through Pershing.
August 2003 ? February 2009
-Morgan Stanley & Co. ? Financial Advisor, Rule 144 Specialist, Global Wealth Management Group

Personal: 
-Treasurer and Board Member ? Best Buddies Delaware
-Grants Committee Chairman and Board Member ? The Next Generation Fund of the Delaware Community Foundation
-Board Member, Finance Committee ? Boys and Girls Club of Delaware, Claymont Chapter
-Finance Committee ? The University of Delaware Alumni Association
-Board Member ? St. Marks High School, Newark, DE
-Member of National Association of Insurance and Financial Advisors (NAIFA)
-President of the Christiana 1 Chapter of BNI International (BNI-Delaware Valley Region)
-Interests include golf, oenology, and sports of all kinds]]></description>
			<pubDate>Wed, 20 May 2009 07:37:24 CDT</pubDate>
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			<title><![CDATA[New Blog Author Robert Alexander]]></title>
			<guid>http://www.planningforestates.com/blog/robertalexander/</guid>
			<link>http://www.planningforestates.com/blog/robertalexander/</link>
			<description><![CDATA[Attorney Robert G. Alexander is the President and majority shareholder of Alexander & Klemmer, S.C., located in Milwaukee, Wisconsin and ?Of Counsel? to Gonzalez, Saggio & Harlan, LLP, a highly respected national law firm with offices located in major cities throughout the United States. He earned a B.A. in English from the University of Wisconsin-Madison, J.D. from the University of Wisconsin-Madison Law School, and an LL.M. in Taxation from DePaul University. Mr. Alexander entered into private practice in 1978 and concentrates his practice in the areas of domestic and international wealth transfer, asset protection and family business planning, including federal estate and gift taxation; trust and estate administration; fiduciary income taxation; life insurance planning; retirement planning; charitable planning; business organization and succession planning and international tax planning. He has earned professional designations as a Board Certified Estate Planning Law Specialist (EPLS) as accredited by the American Bar Association, and as an Accredited Estate Planner (AEP) by the National Association of Estate Planners and Councils (NAEPC). He is AV rated by Martindale-Hubbell, its highest rating.
	
	Mr. Alexander currently holds the office of secretary for the National Association of Estate Planners & Councils and serves on the board of directors of the Estate Planning Law Specialist Board, Inc. (2003 to the present). He is the chairperson of the NAEPC professional development and education committee, serves on the NAEPC committee administering the accredited estate planner designation, and the NAEPC Foundation Committee.  He is an NAEPC delegate to the Synergy Summit, a leading national estate, tax, and financial think tank, where he also serves as the immediate past chairperson and is on the editorial advising board of Wealth Management Magazine. Mr. Alexander served for two years as the original Publishing Editor of the NAEPCs academic journal, The NAEPC Journal of Estate and Tax Planning; and for three years on the board of directors of the Milwaukee Estate Planning Council.

	He is nationally known author and speaker who lectures and teaches extensively for both public and private organizations, including the NAEPC, national continuing legal education providers, the Wisconsin Institute of CPAs, major insurance companies, brokerage firms, banks, trust companies, community foundations, charitable organizations, and various local colleges. 

	Mr. Alexander is a member of the American Bar Association sections on Real Property, Probate and Trust Law and Taxation; the State Bar of Wisconsin; the National Association of Estate Planners and Councils; the Milwaukee and Waukesha Estate Planning Councils; the Society of Financial Service Professionals and the Society of Trust and Estate Practitioners (STEP). Mr. Alexander is admitted to practice in Wisconsin, the U.S. District for the Eastern and Western Districts of Wisconsin, the Seventh Circuit Court of Appeals, and the U.S. Tax Court.]]></description>
			<pubDate>Thu, 14 May 2009 11:27:59 CDT</pubDate>
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			<title><![CDATA[New Blog Author Michael Kirsh]]></title>
			<guid>http://www.planningforestates.com/blog/michaelkirsh/</guid>
			<link>http://www.planningforestates.com/blog/michaelkirsh/</link>
			<description><![CDATA[Michael Kirsh Founding principal of Kirsh Financial Services, Inc. Has been solving the problems of closely held business owners in the areas of business succession and retirement planning since 1977 Recognized authority on the subject of sophisticated insurance planning with many publishing credits to his name Has addressed numerous seminars and workshops on these subjects around the country Certified financial planner, accredited estate planner and charted life underwriter Listed in Whos Who in Finance and Industry, and Whos Who in the World.]]></description>
			<pubDate>Wed, 13 May 2009 15:25:50 CDT</pubDate>
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			<title><![CDATA[New Blog Author Tobe Gerard]]></title>
			<guid>http://www.planningforestates.com/blog/tobegerard/</guid>
			<link>http://www.planningforestates.com/blog/tobegerard/</link>
			<description><![CDATA[Tobe Gerard has spent 30 years in the insurance business. Her wide range of experience with organizations such as The Insurance Library of Boston and the Massachusetts Association of Insurance Agents gives her a broad perspective and a deep understanding of trends and shifts in the industry. She has a professional background in life, disability, health, and, most importantly, long-term care insurance. In 1999, Tobe launched her own insurance agency, specializing exclusively in long-term care. 

Tobes number one priority is matching the person with the policy. Since she believes that ?one size does not fit all,? she has retained her independent agent status. She currently works with 10 different insurance companies, all having their own particular strengths. This allows her to find the exact fit for your employees needs. Another factor that sets Tobe apart is how she works with her clients. She does every enrollment in person rather than using the insurance companys representative. Tobe will come to your location and meet with your employees one-on-one. Shell listen and thoroughly answer any questions they might have. 

Tobes respectful approach and knowledgeable service will help your employees prepare for retirement years that are financially secure.]]></description>
			<pubDate>Wed, 13 May 2009 14:16:41 CDT</pubDate>
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			<title><![CDATA[New Blog Author John Milakovic]]></title>
			<guid>http://www.planningforestates.com/blog/johnmilakovic/</guid>
			<link>http://www.planningforestates.com/blog/johnmilakovic/</link>
			<description><![CDATA[JOHN G. MILAKOVIC is an attorney in the Harrisburg law firm of Beckley & Madden, where his areas of practice are focused on commercial litigation and construction law.  He earned his B.A. degree, summa cum laude, Phi Beta Kappa, from Dickinson College, and he earned his J.D. degree from the Duke University School of Law.  Mr. Milakovic is a member of the American Bar Association and is a member of its Committee on Construction Litigation.  He has published an article on the subject of construction bid repositories in Barrister, a magazine circulated nationwide to lawyers by the Young Lawyers Division of the American Bar Association.  He has lectured, through the Pennsylvania Bar Institute (PBI), to lawyers, in furtherance of their continuing legal education, on the topic of mechanics liens, on various occasions. He has lectured, through various other continuing education providers, to contractors, owners, and others on various occasions concerning Pennsylvania construction law topics and has co-authored various publications on construction law in Pennsylvania. ]]></description>
			<pubDate>Wed, 13 May 2009 10:00:23 CDT</pubDate>
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			<title><![CDATA[New Blog Author First American Exchange Company]]></title>
			<guid>http://www.planningforestates.com/blog/first americanexchange company/</guid>
			<link>http://www.planningforestates.com/blog/first americanexchange company/</link>
			<description><![CDATA[First American Exchange Company provides qualified intermediary services under Section 1031 of the Internal Revenue Code, which allows investors to exchange ?like-kind? investment properties without recognizing capital gains.  First American Exchange facilitates tax-deferred delayed exchanges, reverse exchanges, personal property exchanges, and build-to-suit exchanges for residential and commercial transactions through exchange offices located across the nation.  First American Exchange is part of The First American Family of Companies (NYSE: FAF), the nations leading provider of real estate and financial services, as well as information services and is a member of the Federation of Exchange Accommodators.]]></description>
			<pubDate>Mon, 27 Oct 2008 16:16:59 CDT</pubDate>
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			<title><![CDATA[New Blog Author Doug H. Moy]]></title>
			<guid>http://www.planningforestates.com/blog/doug h.moy/</guid>
			<link>http://www.planningforestates.com/blog/doug h.moy/</link>
			<description><![CDATA[Doug H. Moy is a nationally recognized author, consulting specialist, seminar instructor and educator. He has an undergraduate degree from Willamette University and a Masters degree from Washington State University. Since 1979, Mr. Moy has consulted to attorneys, tax practitioners and their clients, as well as assisted practitioners representing clients before the IRS Conference of Right and Appeals Division and Settlement Conference Negotiations. He is noted for his ability to communicate his unparalleled knowledge and experience to practitioners at all levels in his field of expertise; namely, estate/gift taxation and planning, with special expertise in living trusts; community property; lottery prize winnings; structured settlement trusts; extricating clients from abusive trust tax shelters; designing effective estate plans; and preparation of Form 706 Estate Tax Returns and 709 Gift Tax Returns. He offers particular assistance and exceptional skill designing creative, practical solutions to challenging and difficult estate planning situations.

Mr. Moy was instrumental in obtaining from the Oregon Department of Revenue the first declaratory rulings favorably issued in regard to Oregon lottery prize winners, involving the transfer of payments to a revocable living trust. A highly sought after educator, having been keynote speaker at thirteen consecutive annual national estate and gift tax conferences for the National Society of Accountants (NSA), Mr. Moy also designed and coordinated twelve of those conferences. He has taught at many tax conferences for the National Association of Tax Professionals (NATP) and teaches continuing professional education courses at Portland Community College to CPAs, accountants, Enrolled Agents and insurance producers.

A former member of NSAs prestigious Federal Taxation Committee, Mr. Moy has been the recipient of the ?Golden Quill Award,? presented by the NSA in recognition of his outstanding contributions to the education offerings of the Society. He has also been recipient of the ?Speaker of the Year Award,? presented by NSA in recognition of having attained the highest rating as a speaker at any educational conference during the year. To date, Mr. Moy remains the only person to have ever been honored with both awards in the same year and the only person to have been awarded the ?Golden Quill Award? within two consecutive years. Further, he designed and taught the most successful ?Seminar at Sea? ever offered by NSA. 

Author of the NSAs position paper Proposed Repeal of the Federal Estate, Gift and Generation-Skipping Transfer Tax, which was prepared for presentation to Congress and adopted by the NSA as its official position on the subject, Mr. Moy also authored the NSAs position paper Income Taxation of Trusts and Estates, which was additionally adopted by NSAs Board of Governors as its official position.

An author for both Aspen Publishers and John Wiley & Sons, having authored nine books to date, including Living Trusts; and Wealth Preservation: How to Start and Develop an Estate Planning Practice, he has also been published frequently in Tax Management Estates, Gifts and Trusts Journal; National Public Accountant; The Monthly Digest of Tax Articles; and TAXPRO Journal. Mr. Moy is a former faculty member for the College for Financial Planning and served on its Curriculum Advisory Board. He is an active member of NATP and an instructor on the Lorman Education Services faculty. He has served on several community-affiliated boards of trustees, including the Meridian Park Hospital Medical Foundation; Loaves & Fishes, Inc.; and the Lake Oswego Public Library.]]></description>
			<pubDate>Fri, 19 Oct 2007 14:23:13 CDT</pubDate>
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			<title><![CDATA[New Blog Author Dan Jenkins]]></title>
			<guid>http://www.planningforestates.com/blog/danjenkins/</guid>
			<link>http://www.planningforestates.com/blog/danjenkins/</link>
			<description><![CDATA[Having celebrated its 110th anniversary in 2005, the law firm of Bacon Wilson, P.C. is proud of its historic beginnings, a consistent involvement in the greater Springfield community and a respected position in the contemporary legal field. Individual client needs remain paramount in a demanding era of complex technology, with partners believing that the practice of law is an honored profession. High quality services and effective management have resulted in solid growth, with strong relationships formed between members of the firm and their clients. This reflects early aspirations held by the founders of the firm.

George A. Bacon opened his law practice on June 17,1895. He laid the groundwork for a highly specialized law practice with a focus on corporate and business law. As his practice flourished, he ventured into the political arena and continued to be very active in local and state government throughout the duration of his life. He was the founder of the Commercial Law League of America and Director of the Massachusetts Bureau of Statistics, in addition to receiving many other distinctions. For the next sixty years, Bacon's firm consisted of three partners, then it started to grow in 1966 with the addition of Paul Salvage as an associate. Michael Katz followed in 1974 and Gary Fialky joined in 1975.

The Wilson side of Bacon Wilson started with Peter Wilson in 1945. He inherited his firm from two previous owners and built a thriving Real Estate and Probate practice. George Keady joined Wilson's firm in the early 1950's and Michael Ratner joined in 1966. Mr. Wilson eventually retired and Mr. Keady became a Superior Court judge, leaving Michael Ratner as the only remaining partner with several associates in his office.

In 1979 the two firms of George Bacon and Peter Wilson merged. With twelve lawyers, they became one of the largest and most distinguished firms in Springfield. The synergy of the two firms resulted in powerful growth. Now well rounded to include corporate, business, real estate and probate law, the firm became an even more prominent and respected legal entity in Western Massachusetts.

In the early 1980s Bacon Wilson bought Ellis Title Company. Ellis Title was the premiere abstract and conveyancing company in Western Massachusetts, with the largest back title base in the region. This acquisition put Bacon Wilson at a great advantage with respect to the real estate front on behalf of clients.

Over the summer of 2003, a significant expansion occurred. Rapid growth necessitated the acquisition of additional space from an adjacent building, and renovations converted the second floor of 29 State Street into additional office and conference space for firm personnel. An air walk between the two buildings was constructed, with special emphasis on integrating the architectural style of both buildings in an aesthetically pleasing way. The expansion added over 6,000 square feet of space, which is occupied by the firm's Estate Planning/Probate and Litigation departments.

In January of 2005, the firm merged with Morse and Sacks in Nothampton. Established in 1901, Morse & Sacks' excellent reputation and strong focus on client care mirrored Bacon Wilson's ideology. This merge facilitated a strong Northampton presence and added two excellent attorneys to Bacon Wilson's staff. Shareholder, Francis R. Mirkin, was chosen to manage the Northampton operation.

In October of 2006, the firm merged with Monsein and MacConnell in Amherst. Stephen B. Monsein and Peter W. MacConnell are wonderful complements to the Bacon Wilson team, offering compatible legal talents. The Amherst office facilitates the convenience of our clients east of Northampton.

Today, the firm currently employs approximately one hundred people, under the direction of Stephen N. Krevalin as managing partner. As one of Springfield's oldest law firms, its offices are located in a stately, historic building constructed in 1910. The firm enthusiastically supports efforts to revitalize downtown Springfield, and in 1991 a group of the partners purchased the elegant French Renaissance style building, directly facing the courthouse, as a concrete demonstration of their commitment. An exemplary renovation of the historic building took place, recognized by the Springfield Preservation Trust, and the offices of Bacon & Wilson remain one of downtown's most admired sites.

Now into its second century of existence, Bacon Wilson continues its involvement in civic affairs and contributes to the local community in many ways. As a result of the opening of branch offices in Westfield, Northampton and Amherst, Bacon Wilson now has an expanded presence and clientele throughout Western Massachusetts. The legacy begun by its founder, George A. Bacon, has resulted in professional excellence combined with a strong commitment to the community. The current team of attorneys and staff blends a wealth of knowledge and experience encompassing all aspects of the law. The entire firm shares pride in the role Bacon Wilson has played within the legal profession and the Springfield community for more than one hundred years, and the Bacon Wilson family is looking forward to serving the legal needs of Western Massachusetts and Northern Connecticut for the next one hundred years.]]></description>
			<pubDate>Wed, 20 Sep 2006 13:55:39 CDT</pubDate>
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			<title><![CDATA[DISSOLUTION OF PARTNERSHIPS IN A 1031 EXCHANGE: THE DROP AND SWAP]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1958</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1958</link>
			<description><![CDATA[  Coordinating a 1031 exchange for limited liability companies or partnerships can present a unique set of challenges.&nbsp; If the entity itself will remain intact, the partnership or the LLC can sell its property and purchase replacement property through the 1031 exchange process.&nbsp; However, a common issue that arises is that not all of the members or partners can agree on a property to purchase, or even if they want to do an exchange at all.&nbsp; ]]></description>
			<pubDate>Wed, 21 Jul 2010 16:03:00 CDT</pubDate>
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			<title><![CDATA[POSSIBLE INCREASE IN THE CARRIED INTEREST TAX]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1952</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1952</link>
			<description><![CDATA[  The U.S. House of Representatives recently voted to pass H.R. 4213, which, effective January 1, 2011, will increase the tax on carried interest. ]]></description>
			<pubDate>Wed, 21 Jul 2010 15:54:42 CDT</pubDate>
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			<title><![CDATA[THE EVER-CHANGING CAPITAL GAINS TAX]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1946</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1946</link>
			<description><![CDATA[  Taxes, like life, can be like riding a roller coaster. Sometimes it&rsquo;s up and sometimes it&rsquo;s down. This is definitely the case when speaking about the Federal capital gains rate for individuals. In the past 20 years, this tax has been as high as 28% and is currently at its low point of 15%. But, this too shall change as of January 1, 2011, when the rate is scheduled to go back to 20%. ]]></description>
			<pubDate>Wed, 21 Jul 2010 15:38:38 CDT</pubDate>
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			<title><![CDATA[Unreported Claims Against Former Lawyers Could Expose Your Firm to Liability]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1928</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1928</link>
			<description><![CDATA[In Berry &amp; Murphy, P.C. v. Carolina Casualty Insurance
Company, 586 F.3d 803 (10th Cir. 2009), a recent malpractice
insurance coverage decision, the Tenth Circuit held that there was no
coverage under a lawyers&rsquo; professional liability policy where a
claim against a former shareholder was made prior to the policy period.]]></description>
			<pubDate>Fri, 25 Jun 2010 10:35:08 CDT</pubDate>
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			<title><![CDATA[Do You Have an ESI Strategy Yet? Companies and In-House Counsel Sanctioned for Poor Oversight]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1927</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1927</link>
			<description><![CDATA[Although it has been more than three years since the Federal Rules of Civil
Procedure were amended to codify parties' obligations to preserve and
produce potentially relevant electronically stored information (ESI), a
recent survey conducted by Kroll Ontrack reflects that only 46% of U.S.
corporations possess an ESI readiness strategy.1 Meanwhile, a
review of recent judicial decisions on requests for discovery sanctions
reflects a growing impatience by courts for a lack of such a readiness
strategy and resulting failures to competently preserve and produce
potentially relevant electronically stored information. ]]></description>
			<pubDate>Fri, 25 Jun 2010 10:35:05 CDT</pubDate>
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			<title><![CDATA[Appellate Judge Excludes Damages Theory from Patent Trial]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1926</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1926</link>
			<description><![CDATA[As is known among many in the intellectual property field, Judge Randall R.
Rader, of the U.S. Court of Appeals for the Federal Circuit, periodically
takes a break from his appellate duties to preside over trials of patent
cases at the district court level. In one such case, he recently issued a
decision reminding lawyers, litigants, and expert witnesses that
plaintiffs must have a firm evidentiary foundation before submitting a
broad damages theory to the jury.]]></description>
			<pubDate>Fri, 25 Jun 2010 10:35:04 CDT</pubDate>
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			<title><![CDATA[Supreme Court to Decide Important "Informational Privacy" Case]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1925</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1925</link>
			<description><![CDATA[The United States Supreme Court has stepped into the fray in a closely
watched case involving the collection of personal information by the
National Aeronautics and Space Administration (NASA) from &ldquo;low
risk&rdquo; contract employees at the California Institute of
Technology&rsquo;s (Caltech) Jet Propulsion Laboratory (JPL). Robert
M. Nelson, et al., v. National Aeronautics and Space Administration, et
al., Supreme Court Case No. 09-530. While the result of this case
will directly impact the extent to which the government can collect
background information from its employees and third-party contractors, a
broad decision by the Supreme Court may impact other areas of the
Court&rsquo;s &ldquo;privacy&rdquo; jurisprudence.]]></description>
			<pubDate>Fri, 25 Jun 2010 10:35:02 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Avoiding Sanctions Over Duty to Preserve Evidence]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1896</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1896</link>
			<description><![CDATA[In late 2009 a federal District Court sitting in Orlando, Fla., sent
shockwaves through the in-house general counsel world. The case,
Swofford v. Eslinger,1 is the first reported case to
sanction in-house counsel for spoliation of electronic evidence.]]></description>
			<pubDate>Mon, 21 Jun 2010 13:18:34 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court Rules Against Inference of Class Arbitration in "Silent" Contracts]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1895</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1895</link>
			<description><![CDATA[April 27, 2010, with Justice Samuel Alito writing for the 5-3 majority
(Justice Sonia Sotomayor abstained), the U.S. Supreme Court addressed
class-action arbitration when the parties' agreement was silent regarding
the aggregation of multiple parties' claims. According to the Court, the
arbitration panel's imposition of class arbitration &ndash; despite the
parties' stipulation that they had not reached an agreement on this issue
&ndash; is &quot;fundamentally at war&quot; with the Federal Arbitration
Act (FAA) principle that arbitration is a matter of consent.]]></description>
			<pubDate>Mon, 21 Jun 2010 13:18:32 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Major Title Insurance Companies Decline to Issue Creditors' Rights Endorsements]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1894</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1894</link>
			<description><![CDATA[Many major national title insurance companies have just announced they
will no longer provide &quot;creditors' rights&quot; coverage in
connection with new policies of title insurance. Therefore, commercial
real estate lenders and purchasers will now bear certain insolvency risks
that were often covered by title insurance endorsements in the past.]]></description>
			<pubDate>Mon, 21 Jun 2010 13:18:30 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Patent False-Marking Lawsuits: Could Your Company Be Next?]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1897</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1897</link>
			<description><![CDATA[If you own U.S. patents and mark your products as patented or patent
pending, you could find yourself defending a federal lawsuit. A recent
Federal Circuit Court of Appeals decision has opened the floodgates for
qui tam plaintiffs to challenge the accuracy and validity of patent
marking, requesting to split any statutory damages award with the
government&mdash;assessed &ldquo;per article.&rdquo;]]></description>
			<pubDate>Mon, 21 Jun 2010 13:18:27 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Court Issues Ruling In Firefighter Applicant Disparate Impact Case]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1874</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1874</link>
			<description><![CDATA[This morning, with Justice Antonin Scalia writing a unanimous opinion, the
U.S. Supreme Court ruled in a case brought by a group of African-American
firefighter applicants who alleged that the city of Chicago's applicant
selection process had a disparate impact on African-Americans in violation
of Title VII of the Civil Rights Act of 1964.]]></description>
			<pubDate>Fri, 11 Jun 2010 11:34:31 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court Clarifies Treatment of Joint Ventures Under Antitrust Law]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1877</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1877</link>
			<description><![CDATA[The Supreme Court recently released its unanimous opinion
in&nbsp;American Needle, Inc. v. National Football League, 560
U.S.___ (2010), 2010 WL 2025207 (American Needle), its latest
foray in the area of competitor collaboration under the antitrust laws
(and specifically Section 1 of the Sherman Act, 15 U.S.C. &sect; 1).
In&nbsp;American Needle, the 32 member teams of the National
Football League formed National Football League Properties (NFLP) to
develop, license and market their intellectual property]]></description>
			<pubDate>Fri, 11 Jun 2010 11:34:29 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court to Consider Wheather Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1876</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1876</link>
			<description><![CDATA[On May 24, 2010, the U.S. Supreme Court granted certiorari
in&nbsp;Mobility LLC v. Concepcion, No. 09-893, to address the
question of whether the Federal Arbitration Act (FAA) preempts state law
rules limiting the enforceability of arbitration agreements.
In&nbsp;Concepcion, the Supreme Court will consider whether the
FAA preempts California state court decisions that class action waivers
are unconscionable in consumer arbitration agreements as a matter of
public policy]]></description>
			<pubDate>Fri, 11 Jun 2010 11:34:27 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA["Business Interruption Claims" and the Recent Gulf of Mexico Oil Spill]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1875</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1875</link>
			<description><![CDATA[On April 20, 2010, an explosion on the mobile drilling rig Deepwater
Horizon occurred some 130 miles southeast of New Orleans, Louisiana.
&nbsp;As of May 23, 2010, it is estimated that a minimum of 6 million
gallons of crude oil have spilled into the Gulf of Mexico as a result of
this incident. &nbsp;However, a growing number of scientists assert that
they believe the count is even higher than that troublesome figure.]]></description>
			<pubDate>Fri, 11 Jun 2010 11:34:25 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Probate Court: Synopsis of Inheritance and Equity Law]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1536</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1536</link>
			<description><![CDATA[The first probate court within the United States was established in Massachusetts in 1784. One of the primary functions of this court is to oversee equitable distribution of decedents' estates. Additional equity law matters governed by the probate court include marriage, adoption, guardianship, and name changes. Probate court addresses all legal matters governed by equity law. Equity law is defined as "an order which directs an individual to act or refrain from acting." Equity law differs from court regulated laws which pertain to doctrines and statutes and is enforced by guidelines known as 'maxims of equity.']]></description>
			<pubDate>Mon, 30 Nov 2009 11:34:32 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[403B Retirement Plans - The Benefits of Government 403B Retirement Plans?]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1669</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1669</link>
			<description><![CDATA[Despite general knowledge of the 401K retirement plan, fewer are aware of the Federal 403B retirement plan. The 403B plan offers a number of great potential, and must be invested in if the money can be at all spared. Government employees such as teachers, school personnel, and librarians are frequently eligible for benefits under 403B. Though eligibility varies, the plan is typically aimed at helping folks in the educational field. Some nonprofits are also qualified for profit under the 403B plan.]]></description>
			<pubDate>Tue, 29 Sep 2009 11:26:26 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[USING 1031 EXCHANGES AS A RETIREMENT PLANNING TOOL]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1632</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1632</link>
			<description><![CDATA[Most investors think about the immediate tax implications of completing a 1031 exchange but may not consider the long-term benefits of the tax deferral.&nbsp; An exchange provides the opportunity to apply pre-tax dollars towards replacement property and put that money to work for the investor.&nbsp; This money can help the investor acquire a more expensive replacement property that may yield a higher annual return on investment and may enjoy greater long term appreciation. Exchanges also provide the opportunity to diversify real estate holdings, consolidate investments and acquire property that is less management intensive.]]></description>
			<pubDate>Tue, 01 Sep 2009 11:25:26 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Introduction to inheritance tax planning]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1600</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1600</link>
			<description><![CDATA[Death duties have been with us for centuries, in the guise of Estate Duty, Capital Transfer Tax and now Inheritance Tax (IHT). Irrespective of the name, the purpose has always been the same; to raise revenue from the estates of citizens.]]></description>
			<pubDate>Mon, 17 Aug 2009 12:43:37 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Obama's Estate Tax Pays Health Care Bill, Valuation Discount Changes]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1582</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1582</link>
			<description><![CDATA[On May 11, 2009, the Treasury Department released its Green Book for the year. It is titled General Explanations of the Administration's Fiscal Year 2010 Revenue Proposals. Included in this are the proposed tax increases by President Obama, which will be used to pay for healthcare. These tax hikes include an additional $24 billion in gift and estate taxes over the next ten years. Obama's plans are lofty and because of the consequential increases in taxes and tax rates you should plan or at least contemplate on asset protection with an irrevocable trust to avoid the estate taxes which is the tax that can be avoided.]]></description>
			<pubDate>Mon, 10 Aug 2009 11:21:10 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Who can be Your Trustee?]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1573</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1573</link>
			<description><![CDATA[Many individuals struggle to select the right personal representative to settle their estates and trustee to manage their trust assets. You need someone who can take the time necessary to manage the process of assembling, appraising and dividing all of your assets that you have left for your beneficiaries. If your estate plan also includes holding your assets in a trust for your family, then you should name one or more successors in case the first trustee cannot act for the entire term of the trust.]]></description>
			<pubDate>Mon, 03 Aug 2009 12:11:40 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Crazy Train July 09]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1572</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1572</link>
			<description><![CDATA[All Aboard the crazy train, that we call July 09&prime; People! As most hang for their dear life we look back at what has been a very interesting and important month. As we say 'Adios' to July and head into what seems to be a 'undaunted' August Let us reminisce on the good times (allegedly) that were.]]></description>
			<pubDate>Mon, 03 Aug 2009 12:06:06 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[401(k) Scrutinized So That You Can Improve Yours ]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1565</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1565</link>
			<description><![CDATA[What if you were to really analyze your 401(k) plan? Do you think there could be a better way for you to prepare for retirement? In fact, there is a way you can make up lost savings if you had not made any contributions over the years for whatever reason. And even if you have participated in this type of plan, there is a great opportunity to augment your savings.]]></description>
			<pubDate>Wed, 29 Jul 2009 11:59:06 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[401(a) Plans / Money Purchase Plan Definition]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1564</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1564</link>
			<description><![CDATA[A 401(a) plan is also referred to as a Money Purchase Plan. The 401a is defined as a type of retirement savings plan that allows you to save for retirement. 401(a) plans are offered by your employer and contributions can be made by yourself, your employer or by both. The contributions that are made to the account can be mandatory or voluntary. Your employer will determine if the contributions are to be made on a pre-tax or after-tax basis.]]></description>
			<pubDate>Wed, 29 Jul 2009 11:57:47 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Probate Court: Synopsis of Inheritance and Equity Law]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1563</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1563</link>
			<description><![CDATA[The first probate court within the United States was established in Massachusetts in 1784. One of the primary functions of this court is to oversee equitable distribution of decedents' estates. Additional equity law matters governed by the probate court include marriage, adoption, guardianship, and name changes.]]></description>
			<pubDate>Wed, 29 Jul 2009 11:52:28 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[What Are Discretionary Trusts?]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1554</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1554</link>
			<description><![CDATA[The number of different kinds of trusts available to someone who wants to protect their assets for their family can be somewhat daunting if you happen to bring up a list of them on Wikipedia or another such site. Although in many cases one type of trust is effectively almost identical to another but with subtle changes, the important line to take is that there are certain types of trust that are used with great regularity and others that are used only in irregular situations.]]></description>
			<pubDate>Fri, 24 Jul 2009 08:52:10 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[A two minute drill on estate planning]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1550</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1550</link>
			<description><![CDATA[While volumes can be written about the needs of estate planning, sometimes it is easiest to have a short simple check list. To that end, here is a two minute check list that may help facilitate a more comprehensive discussion. Every estate needs the following...]]></description>
			<pubDate>Fri, 24 Jul 2009 08:43:52 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[How to Make Money For Estate Plan Trust ©]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1537</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1537</link>
			<description><![CDATA[To make money online many people jump right in before they are properly prepared. You know that to be a rocket scientist, a doctor, a brick layer, a construction worker, an office worker, a teacher there are prerequisites, things you must learn, before you can be successful, you don't just jump right in unprepared. The same applies to the Internet marketing industry even though there are unsavory people out there who'd have you believe it's a "Walk in the Park" and requires no more than the belief that you can just do it.]]></description>
			<pubDate>Thu, 16 Jul 2009 10:29:14 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Real estate lawyers stay busy in uncertain economy]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1526</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1526</link>
			<description><![CDATA[In today's economy, with financial meltdown news dominating the headlines, one may wonder: Is there any money available to complete a deal? Of course there is.&nbsp; After all, institutions that are in the business of providing loans still needed to move money.&nbsp; That's their business. There's not a hotter real estate issue today than the funding and collateralization of loans.&nbsp; Before we analyze from a legal perspective, we need to talk briefly about the business environment.&nbsp; After all, law is driven by business.&nbsp; Business doesn't drive law.]]></description>
			<pubDate>Wed, 15 Jul 2009 09:52:31 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Funding a Living Trust]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1463</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1463</link>
			<description><![CDATA[Often owners of living trusts fail to adequately fund it. Funding means transferring assets from your own name to the name your trust is in. You can transfer bonds, stocks, bank accounts, life insurance policies, real estate, mutual funds, certificates of deposit, vehicles and more. For instance, if you wanted to transfer your mutual fund account to your living trust, you have to ask your mutual fund company for the correct form and change the name of the account owner. For example, the account used to say "owner - John and Jill Smith" but now it should say something like, "owner - Smith Family Trust, John and Jill Smith as Trustee".]]></description>
			<pubDate>Tue, 16 Jun 2009 08:38:10 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Choosing a With Profits Fund for Your Pension]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1462</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1462</link>
			<description><![CDATA[Saving or investing for the future primarily to ensure a pension income can be achieved in many ways. Some people choose to pin their future income hopes on just one method, whilst others like to spread the risk and choose several different investment options. For example, someone may choose to invest solely in buying property hoping to benefit from gains in the value of the purchased property or properties over a number of years, while using rents to cover the cost of the mortgage until it is paid off. Other people may opt to build an amount of savings in a bank or building society from which they can withdraw the interest as income, or alternatively may prefer to speculate on the value of stocks and shares.]]></description>
			<pubDate>Tue, 16 Jun 2009 08:37:03 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Guaranteed Life Settlements Zero Coupon Bonds & Mortgaging Home Equity]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1461</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1461</link>
			<description><![CDATA[A new tool for IRA retirement plan investing called zero coupon bond is available for you. The maturity is 5 years. So if you were to buy a zero coupon bond callable in 5 years, at the end of the fifth year, if you invest $100,000 they will guarantee you a return of $150,000. That's 10% a year. You put in $100,000 you get $150,000 over a five year period.]]></description>
			<pubDate>Tue, 16 Jun 2009 08:34:53 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[You CAN Take it With You! Debts and Death]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1410</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1410</link>
			<description><![CDATA[As if things aren't hard enough right now, the New York Times reports this week that collection agencies are now working to collect debts owed by the dead. They're banking on the fact (no pun intended) that most people don't know that they AREN'T personally liable for these debts all. Jeez, how low can you get?]]></description>
			<pubDate>Wed, 13 May 2009 09:46:22 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[What Has Happened in the First Quarter of 2009 and What Can We Expect?]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1409</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1409</link>
			<description><![CDATA[We ended 2008 with the market giving us a very bumpy ride, and we continue to need to keep our seat belts fastened each day in 2009 so far. We have a new administration in Washington, and the Democrats in control of the White House and both houses of Congress. The current tax law moved our estate tax exemption amount to $3,500,000 for this year, the annual gift tax exclusion amount increased to $13,000, however we still have a lifetime maximum of $1,000,000 for gift tax purposes because the gift and estate taxes have not been reunified as of yet. At the time that I am writing this Congress is debating the "Stimulus Package" designated as HR-1 (the American Recovery and Reinvestment Act of 2009) and attempting to reconcile the differences in the House and Senate bills, with President Obama pushing for approval before Valentine's Day.]]></description>
			<pubDate>Wed, 06 May 2009 08:25:52 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[U.S. Supreme Court Enforces Arbitration Clauses Regarding Discrimination Claims]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1397</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1397</link>
			<description><![CDATA[The U.S. Supreme Court recently handed employers a reason to consider
bargaining for arbitration provisions. In 14 Penn
Plaza LLC, et al. v Pyett et al., the court ruled that workers
cannot sue over age discrimination claims when their collective bargaining
agreement &ldquo;clearly and unmistakably&rdquo; requires arbitration of
such claims.]]></description>
			<pubDate>Mon, 04 May 2009 11:55:22 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Environmental Protection Agency's "Endangerment" Proposal: A Carrot or a Stick?]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1400</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1400</link>
			<description><![CDATA[On April 17, 2009, the U.S. Environmental Protection Agency (EPA) issued a
proposed rule that, if adopted, would find that the atmospheric
concentrations of certain greenhouse gases (GHGs) endanger the public
health and welfare within the meaning of section 202(a) of the Clean Air
Act (CAA). The EPA also proposed to find that GHG emissions from new motor
vehicles are contributing to the mix of GHGs in the atmosphere, and
therefore contribute to public health and welfare endangerment.]]></description>
			<pubDate>Mon, 04 May 2009 11:55:20 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[New Medicare Secondary Payer Reporting Obligations for Workers' Compensation Plans]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1399</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1399</link>
			<description><![CDATA[Beginning July 1, 2009, many employers and insurance companies will be
required to report claims for workers' compensation claimants that are
also Medicare beneficiaries to the Centers for Medicare and Medicaid
Services (CMS) and become subject to a $1,000 per day per claimant penalty
for failure to comply with this mandatory reporting requirement.]]></description>
			<pubDate>Mon, 04 May 2009 11:55:18 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Antitrust Developments: Legislative Changes on the Horizon?]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1398</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1398</link>
			<description><![CDATA[Consistent with the current pro-regulation tone in Washington, legislators
in the U.S. Senate and House may try to reshape certain areas of federal
antitrust law. Several bills recently introduced in the 111th Congress
take aim at recent, pro-defendant judicial decisions and various antitrust
immunities...]]></description>
			<pubDate>Mon, 04 May 2009 11:55:16 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Directors and Officers Liability Insurance and the Subprime Credit Crisis]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1404</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1404</link>
			<description><![CDATA[As companies try to sort out the impact of the subprime credit crisis, many
directors and officers are asking whether their D&amp;O insurance will
protect their personal assets if their company files for bankruptcy due to
the subprime credit crisis.]]></description>
			<pubDate>Mon, 04 May 2009 11:55:15 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Age of Obama & The Court of Public Opinion: New Opportunities for Trial Lawyers]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1403</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1403</link>
			<description><![CDATA[The Age of Obama could be a particularly lucrative period for trial
attorneys in which to pair legal strategy with effective Internet-centered
communication to the Court of Public Opinion, communication that marries
the best legal strategy with sound public relations/issues management
techniques.]]></description>
			<pubDate>Mon, 04 May 2009 11:55:13 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Trust Beneficiaries - What Kind Of Discretion Do Your Trustees Have?]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1402</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1402</link>
			<description><![CDATA[Are you the beneficiary of a trust? If so, chances are the trust document
bestows discretion in some form upon the trustees in making distributions
of income and/or principal to you. How much discretion depends upon the
precise wording of the trust and how the law interprets those words. There
are numerous variations to be found in trust instruments. A basic question
you need to know as a beneficiary of a trust, however, is whether the
creator of the trust intended the trustees to have objective or subjective
discretion.]]></description>
			<pubDate>Mon, 04 May 2009 11:55:12 CDT</pubDate>
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			<title><![CDATA[Acquiring Assets From Distressed Companies -Buyer Beware!]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=1401</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=1401</link>
			<description><![CDATA[It&rsquo;s official!&nbsp; We are in a recession.&nbsp; You would have to
have been living in a cave to not realize this fact.&nbsp; The Associated
Press reported recently that &ldquo;[t]he United States &mdash; already in
recession for a year, may not be out of it until the spring of 2010 &mdash;
making for the longest downturn since the Great Depression of the 1930s,
economists are now saying.&nbsp; Recessions in the mid-1970s and early
1980s lasted 16 months.&rdquo; (Jeannie Aversa, AP Economics Writer,
December 5, 2008).]]></description>
			<pubDate>Mon, 04 May 2009 11:55:10 CDT</pubDate>
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			<title><![CDATA[Yours, Mine, and Ours: Estate Planning for Today's Blended Family]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=942</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=942</link>
			<description><![CDATA[In a "traditional" estate plan, each spouse provides for his or her assets (or most of the assets) to pass to the surviving spouse, with the understanding that those assets will go to their children at the surviving spouse's death. This planning approach may work well when the spouses have only been married once -- to each other -- and the only children involved are the ones they have together. But it can spell disaster if your family is one of the many today that doesn't fit this traditional definition. For couples with children from prior marriages, a better approach is to sort out what's "yours, mine, and ours" and plan accordingly so neither your spouse nor your children are unintentionally disinherited. Think carefully and objectively about potential conflicts, future needs, and human nature. The following strategies may help in your planning.]]></description>
			<pubDate>Thu, 25 Sep 2008 14:16:00 CDT</pubDate>
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			<title><![CDATA[Revocable Trusts in Estate Planning]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=941</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=941</link>
			<description><![CDATA[An increasing number of people are utilizing the revocable living trust as the primary document in their estate plans. A revocable living trust is an entity created during lifetime in which an individual (called a trustee) holds legal title to property on behalf of a beneficiary, who is typically the individual establishing the trust (or the grantor). It is a revocable trust because the grantor, at all times and for any reason, retains the absolute power and right to revoke the trust, or to otherwise amend or change the trust terms in any fashion. In addition, the grantor may withdraw the trust assets at anytime by taking the properties back into his or her individual name.]]></description>
			<pubDate>Thu, 25 Sep 2008 14:13:15 CDT</pubDate>
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		<item>
			<title><![CDATA[Have We Created a New Economic Model?]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=940</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=940</link>
			<description><![CDATA[The absence of government oversight for the past 7 years plus the dangers of reckless deregulation of the financial companies struck hard at the American financial system this date, threatening it in the most grave manner since the Great Depression. In a desperate move to stave-off international credit rating reductions the Federal Reserve initiated unparallel measures to inject massive liquidity into the markets this date. Banks will be able to turn in high risk CDS's (Credit Default Swaps) and speculative stocks for cash. What will the Federal Reserve do with such 'assets'? Presently, no one knows with certainty what will happen, but it is likely that the American taxpayer will be stuck with the bill.]]></description>
			<pubDate>Thu, 25 Sep 2008 14:07:59 CDT</pubDate>
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		<item>
			<title><![CDATA[Wealth Management and What You Might Expect From a Financial Planner]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=934</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=934</link>
			<description><![CDATA[The wealth management process starts by establishing a strong relationship with an individual whom you trust. That individual must operate the highest ethical level and have your interests at heart. The individual selected must be able to assist in wealth management, and should be able to provide you with the information on which sound decisions can be made. A Financial Planner will outline the steps required to create and implement strategies, both financial and personal, which can meet your life goals. A Financial Planner is not going to make you rich, rather they are going to outline a process of specific steps in order to arrive at your goal.]]></description>
			<pubDate>Thu, 25 Sep 2008 13:42:45 CDT</pubDate>
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			<title><![CDATA[Reduce Costs, Plan Your Estate, and More With a Captive Insurance Plan]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=933</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=933</link>
			<description><![CDATA[Your clients who are business owners are likely to be approached with information concerning a relatively new financial instrument called captive insurance. The term captive insurance is generic and refers to a broad spectrum of alternative insurance structures with the purpose of providing greater benefits than traditional insurance. Specifically, captive insurance can help your business clients potentially greatly lower their insurance costs, have more control in managing their insurance, and obtain coverage that might otherwise be unavailable or unaffordable. Some forms of captive insurance allow an insured or its assign to maintain an ownership interest in the underlying insurance company. As with any successful business, an owner of a captive can work with his or her advisors to best manage their insurance company. Another potential benefit is that of business and estate planning.]]></description>
			<pubDate>Thu, 25 Sep 2008 13:40:32 CDT</pubDate>
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		<item>
			<title><![CDATA[Tax Returns For The Deceased]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=932</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=932</link>
			<description><![CDATA[Two things in life are certain - death and taxes. Here's what to do if the two are combined as far as filing a tax return. Tax Returns for the Deceased - If a person dies, their finances are immediately converted into something called an estate. The estate is then responsible for filing a tax return covering the finances including income and distributions to heirs and beneficiaries. However, a final personal tax return must still be filed for the deceased. The final personal tax return for the deceased is known as Form 1040. Yep, you file the same tax form as you would for any personal tax return. It is hard to believe the IRS passed up an opportunity to create another form, but there you go. Miracles do happen.]]></description>
			<pubDate>Thu, 25 Sep 2008 13:26:06 CDT</pubDate>
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			<title><![CDATA[Thinking About A Revocable Living Trust?]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=931</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=931</link>
			<description><![CDATA[Common reasons for creating a revocable living trust include avoiding probate, reducing estate taxes (both of which can mean losing thousands of dollars), appointing guardians for minors, establishing greater control over distributions to young beneficiaries, lessening the likelihood of a successful contesting of your will, and easing the process for appointed persons to manage your assets during an incapacitation. You must determine if the benefits of a revocable living trust outweigh the costs of having one prepared. Your costs can be hefty if several considerations aren't examined. First, check with local attorneys and estate planners to determine what average estate value leads to probate in your state. Probate often averages between 3%-10% in attorney and court costs (it is not a tax). Will the price of a trust be more or less than your potential probate fees? Many estate-planning firms can provide affordable attorney-prepared documents for less than $1,000 -a cost much lower than most probate fees.]]></description>
			<pubDate>Thu, 25 Sep 2008 13:21:59 CDT</pubDate>
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			<title><![CDATA[The Top 3 Estate Planning Tips]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=929</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=929</link>
			<description><![CDATA[Benjamin Franklin said on more than one occasion, &ldquo;In this world nothing can be said to be certain, except death and taxes.&rdquo; Knowing this, why do so many Americans fail to keep an up-to-date Estate Plan. You would think the last thing we would want to do is pass away without ensuring the well being of our loved ones. Most of us would agree that death is not the easiest subject to talk about, but we really should be prepared for all that legal stuff that follows our death.]]></description>
			<pubDate>Thu, 25 Sep 2008 13:17:56 CDT</pubDate>
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		<item>
			<title><![CDATA[Probate and Estate Planning]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=928</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=928</link>
			<description><![CDATA[There are few things in life that are an absolute certainty. Morbid as it sounds, death is one of those certainties. However, life is not predictable and could take a turn for the worst at any moment. Unlike other unpredictable events in life, the certainty of death provides an opportunity to prepare for it. People do not usually think that it is necessary to prepare for death until old age, but due to this unpredictability, it is never too early. The process of allocating everything a person owns, or his/her estate, is known as Estate Planning. This planning will ease the process of dividing your estate amongst your heirs or loved ones once death occurs. It will save them time, money, and effort, and will make sure that your desires for your estate are met.]]></description>
			<pubDate>Thu, 25 Sep 2008 13:16:09 CDT</pubDate>
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			<title><![CDATA[Your Will Is The Core of Estate Planning]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=927</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=927</link>
			<description><![CDATA[An estate plan is a legal system for the disposal of your property upon your death. It recognizes your wishes, such as those regarding the care of minors, and it legally minimizes taxes. It can take into account your views regarding future medical care; for example, it may state you have no wish to have your life sustained by a life support machine. Estate planning may or may not involve tax planning. The single most important document associated with estate planning is a will. If you own property, there are basic questions which need to be answered upon your death. If these answers are not set out in the form of a will, then the courts have the right to decide what happens to your assets. The end result may well coincide with your wishes, but often it will not. If you have children, then you will need to make clear your wishes about their guardianship in the event of your untimely death. Who should inherit your personal belongings? Do you have any special bequests? Do you have anyone you wish to exclude from your will that would automatically inherit as a result of the law of succession?]]></description>
			<pubDate>Thu, 25 Sep 2008 13:13:06 CDT</pubDate>
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			<title><![CDATA[The Relationship Between Estate Planning and Term Life Insurance]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=925</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=925</link>
			<description><![CDATA[You might hear the word, "estate planning" and immediately begin to think about writing your will, rather than wondering about the relationship that exists between a will and term life insurance. Term life insurance and estate planning actually have a pretty strong relationship to one another because there is much more to estate planning than simply writing up a will and hoping for the best. When people think of estate planning they often think of rich older folks who have a lot of assets that need to be divided among family and friends. Unfortunately for those people, there is a lot more to estate planning than simply figuring out where assets will be divided when someone with a lot of money passes away. Estate planning is a process that absolutely everyone should take part in, because it involves preparing your family, loved ones and your assets for an untimely death. Unfortunately, without proper asset management and estate planning, the Government will be forced to come in and take control of everything you leave behind. So if you do not prepare yourself and your family through term life insurance and estate planning, your family may end up with absolutely nothing once you are gone.]]></description>
			<pubDate>Thu, 25 Sep 2008 12:48:06 CDT</pubDate>
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		<item>
			<title><![CDATA[How Can An Estate Plan Help Me?]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=924</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=924</link>
			<description><![CDATA[Do you know how your life will be divided after your death? Who will your estate go to Who will look after your children? With an estate plan you decide. You are in control of your family's security in the event that something tragic should happen. Now perhaps you are a little foggy with some of the fundamental ideas associated with estate planning. Let's start at the beginning.]]></description>
			<pubDate>Thu, 25 Sep 2008 12:46:13 CDT</pubDate>
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		<item>
			<title><![CDATA[Wills and Trusts: Four Reasons People Delay & Souldn't]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=923</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=923</link>
			<description><![CDATA[The average person takes more time to plan his family vacation than to plan his family's future. Why do so many people put off estate planning? There are four major reasons people delay creating their will or living trust.Reason 1- Some Are Intimidated by LawyersReason 2- They Think It Is Too ExpensiveReason 3- People Don't Want to Face Their Own MortalityReason 4- Urgent vs. Important]]></description>
			<pubDate>Thu, 25 Sep 2008 12:44:47 CDT</pubDate>
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			<title><![CDATA[Estate Planning For Your Elderly Parents]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=922</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=922</link>
			<description><![CDATA[Many people will go out of their way to avoid talking about illness, death, and money where their aging parents are concerned. The reality is we all get older and eventually need help from others. The more prepared you are today, the easier it will be for everyone down the road. If you haven't had these discussions with your parents it may be time to start laying the groundwork.]]></description>
			<pubDate>Thu, 25 Sep 2008 12:42:13 CDT</pubDate>
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		<item>
			<title><![CDATA[Estate Planning Basics and The Law]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=920</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=920</link>
			<description><![CDATA[Having a plan that determines how your assets are used during your life and after your death is a critical process that requires expert legal advice. Estate planning can help you decide how your assets are distributed. You may need to set aside resources for your long-term care. Plus, you might need to appoint someone to manage your estate in the event that you lose your own ability to do so. You may decide that a portion of your estate should be given to certain charitable organizations. Each of these circumstances can be included in an estate plan with the help of a lawyer.]]></description>
			<pubDate>Thu, 25 Sep 2008 12:40:27 CDT</pubDate>
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		<item>
			<title><![CDATA[Getting Your Estate Planning Into Order]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=919</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=919</link>
			<description><![CDATA[Estate planning isn't just for the rich and famous. Many people can benefit from estate planning and their loved ones, those who are left behind, will appreciate the fact that you took care of some of the issues before you passed on. No one likes to think about their own demise, but it is a task that should be done whenever possible. Estate planning, in its most simple terms, is simply setting your affairs in order while you are alive so that your family will not have to deal with them when you are gone. Estate planning is important because it ensures your assets and wishes will be handled and transferred smoothly. There can be several components to estate planning. The number and level of components is dependent on many factors, all of which you should think about before making any final decisions. Your estate planning might include such things as your Last Will and Testament, naming a Power of Attorney who can handle some of the legal matters, and setting up any trusts.]]></description>
			<pubDate>Thu, 25 Sep 2008 12:36:40 CDT</pubDate>
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			<title><![CDATA[Don't Be Taken In By Unauthorized Insurance Entities]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=918</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=918</link>
			<description><![CDATA[Insurance fraud costs consumers-businesses included--an additional $1,500 per year in increased premiums. In fact, it can inflate premiums by as much as 30 percent -- National Insurance Crime Bureau. Small-business owners often have trouble obtaining affordable health insurance coverage for themselves and their employees. Where SBOs are in need, dishonest predators will invariably come out of the woodwork to take unfair advantage, which is one reason why health insurance fraud is a growing problem in this country.]]></description>
			<pubDate>Thu, 25 Sep 2008 12:29:16 CDT</pubDate>
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		<item>
			<title><![CDATA[An Annuities Primer]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=917</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=917</link>
			<description><![CDATA[Annuities are long-term investment tools for supplementing retirement income. There are no IRS-imposed annual contribution limits, and annuity earnings grow tax-deferred until the funds are withdrawn or paid out as income. Though popular among today's aging Baby Boomers and members of the Mature or "Senior" markets, annuities can be traced back to ancient Greece. The term "annuity" comes from the Greek word "annus"-or "year"-and refers to annual income payments. Similarly, in ancient Rome citizens would make one-time payments to a contract called "annua" in exchange for lifetime payments made once a year. In 17th century Europe, annuities were used as fundraising devices by governments to finance their ongoing wars with neighboring nations. These governments would offer "tontines," which promised payments into the future to those who bought shares.]]></description>
			<pubDate>Thu, 25 Sep 2008 12:25:09 CDT</pubDate>
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		<item>
			<title><![CDATA[An Estate Planning Primer]]></title>
			<guid>http://www.planningforestates.com/articles/view.php?article_id=916</guid>
			<link>http://www.planningforestates.com/articles/view.php?article_id=916</link>
			<description><![CDATA[An estate is the total value of everything we own--and business and personal assets can add up quickly. Everyone has an estate. And realize it or not, everyone also has an estate plan. An estate plan can be designed by clients and their professional advisors to achieve the client's personal and financial objectives. Or, it can be an arrangement imposed upon survivors by state intestate succession laws if someone dies with&not;out a valid, up-to-date will. Even though a will is the most basic estate plan&not;ning tool, two out of three Americans die without one.]]></description>
			<pubDate>Thu, 25 Sep 2008 12:23:52 CDT</pubDate>
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		<item>
			<title><![CDATA[Fiduciary Accounting Income]]></title>
			<guid>http://www.planningforestates.com/reports/view.php?whitepaper_id=62</guid>
			<link>http://www.planningforestates.com/reports/view.php?whitepaper_id=62</link>
			<description><![CDATA[The definition of this term depends upon the context in which it is used. Fiduciary Accounting in broad context is the reporting of a trust or estates activities to interested parties. However, as with normal financial reporting it can take on many different reporting periods.]]></description>
			<pubDate>Wed, 26 Aug 2009 16:19:48 CDT</pubDate>
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		<item>
			<title><![CDATA[Selected Creditor and Tax Issues for Estates, Especially Insolvent and Financially Stressed Estates]]></title>
			<guid>http://www.planningforestates.com/reports/view.php?whitepaper_id=47</guid>
			<link>http://www.planningforestates.com/reports/view.php?whitepaper_id=47</link>
			<description><![CDATA[ 
If a decedent or the decedent's estate has little in assets or net assets, is subject to substantial claims, or could have more debts or adverse claims than assets, or if any of the above come to apply during administration, special problems will challenge the family, the personal representative, and their advisors.&nbsp; Also, in almost every estate, some creditor issues will arise. &nbsp;
&nbsp;]]></description>
			<pubDate>Wed, 13 May 2009 11:21:53 CDT</pubDate>
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		<item>
			<title><![CDATA[Updating and Maintaining Wills, Trusts and Estate Plans for the Evolving Client]]></title>
			<guid>http://www.planningforestates.com/reports/view.php?whitepaper_id=33</guid>
			<link>http://www.planningforestates.com/reports/view.php?whitepaper_id=33</link>
			<description><![CDATA[One of the primary reasons clients will come to an attorney to update their estate plans is for changes within the clients' family that cause the client to rethink the provisions of their estate plan. With a client's parents, the parents may have passed away or become older and the client no longer wants or needs them to fill a fiduciary position (i.e., act as agent, personal representative, trustee). A client may become the caretaker for an older parent and the client may want to include gifts or make certain provisions for the parent in the client's estate plan should the client predecease their parent. With a client's children, the client may want to change the provisions for his or her children as the children get older. For example, if they have a trust for a child, they may want to change trust provision (add or eliminate rights over the trust), include the child as a trustee, etc.]]></description>
			<pubDate>Tue, 05 May 2009 10:52:55 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Modifying and Terminating Special Needs Trusts]]></title>
			<guid>http://www.planningforestates.com/reports/view.php?whitepaper_id=38</guid>
			<link>http://www.planningforestates.com/reports/view.php?whitepaper_id=38</link>
			<description><![CDATA[It appears to be axiomatic that, at the very least, first-party or self-settled Special Needs Trusts ("SNTs") are drafted as "irrevocable" trusts.1 Presumably this is to satisfy the requirements of 42 U.S.C. &sect;1396p(d)(4)(A) that requires such self-settled trusts to be "...established for the benefit of such individual...", the argument being that if the trust were revocable, the settlor could revoke the trust or utilize its assets for the benefit of someone other than the beneficiary.Unfortunately, an uncritical analysis of this strategy leads many drafters (and even more unfortunately, some interpreters), to the conclusion that because the trust is irrevocable, it is un-modifiable and therefore the beneficiary and the trustee are locked in to the trust's immutable provisions, regardless of whether those provisions are appropriate to the then-existing circumstances.Fortunately, this is not true. First, as will be seen below, proper drafting can obviate the draconian consequences of "irrevocability" equaling "unmodifiable" and, even better, current trust law in most jurisdictions establishes statutory bases upon which interested parties can obtain judicial relief.]]></description>
			<pubDate>Tue, 05 May 2009 10:52:36 CDT</pubDate>
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		<item>
			<title><![CDATA[Family Estate Planning]]></title>
			<guid>http://www.planningforestates.com/reports/view.php?whitepaper_id=39</guid>
			<link>http://www.planningforestates.com/reports/view.php?whitepaper_id=39</link>
			<description><![CDATA[1. Marital Deduction Planning2. Gifting3. Jointly Held Assets4. Irrevocable Life Insurance Trusts5. Revocable Living Trusts6. Family Limited Partnerships]]></description>
			<pubDate>Tue, 05 May 2009 10:52:14 CDT</pubDate>
		</item>
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