Publications
2024/2025 Legislative, Case Law, and Related Updates and How They May Impact Your Estate Plan
Year-End Client Newsletter 2024/2025 By Barry A. Nelson, Jennifer E. Okcular, and Cassandra S. Nelson As published in: LISI Estate Planning Email Newsletter #3162 (December 2, 2024) www.leimbergservices.com In our firm’s 2024/2025 client update letter, we discuss a number of legislative, case law, and related estate planning and asset protection …
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Filing Your Beneficial Ownership Information Report (BOI)
Updated 10/10/24 By Barry A. Nelson | Jennifer E. Okcular | Cassandra S. Nelson The Corporate Transparency Act (the “CTA”), which went into effect on January 1, 2024, requires corporations, limited liability companies, limited partnerships, and other similar entities formed or qualified …
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Florida Golf Cart Owners Should Beware of Huge Potential Liability
Florida Golf Cart Owners Should Beware of Huge Potential Liability July/August 2024 | © 2024 Nelson & Nelson, P.A. By Barry A. Nelson and Cassandra S. Nelson As published in: The Florida Bar Journal, July/August 2024. This Florida Bar Journal …
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Implementation of the Corporate Transparency Act (CTA)
By Barry A. Nelson, Jennifer E. Okcular and Cassandra S. Nelson In this letter to our clients, we discuss two important changes on the horizon. The implementation of the Corporate Transparency Act (“CTA”), which will impose significant new reporting requirements on …
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2022/2023 Legislative and Case Updates and How They May Impact Your Estate Plan
Estate Planning – November 27, 2023 By Barry A. Nelson, Jennifer E. Okcular and Cassandra S. Nelson As published in: Steve Leimberg’s Estate Planning Email Newsletter, Archive Message #3082, 11-27-23. Reproduced Courtesy of Leimberg Information Services, Inc. (LISI) In this letter …
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CAUTION: Not All Donor Advised Funds Are Created Equal
Charitable Planning – November 6, 2023 By Barry A. Nelson and Cassandra S. Nelson As published in: Steve Leimberg’s Charitable Planning Email Newsletter, Archive Message #330, 11-06-23. Cassandra S. Nelson and Barry A. Nelson surveyed donor advised fund administrators throughout …
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2021/2022 Legislative Updates and How They May Impact Your Estate Plan
Client Update – September 28, 2022 By Barry A. Nelson, Jennifer E. Okcular and Cassandra S. Nelson As published in: Steve Leimberg’s Estate Planning Email Newsletter, Archive Message #2984, 09-29-22. In this letter to our clients, we discuss a number of …
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How Your Estate Plan May Be Affected by Potential Changes to Income and Transfer Taxes under the House Ways and Means Committee Tax Proposal
Client Update – September 22, 2021 By Barry A. Nelson, Jennifer E. Okcular and Cassandra S. Nelson We are publishing this letter a bit later than some excellent summaries that were issued over the last week or so by other …
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Having Your Cake and Eating it Too: Use of Inter Vivos QTIP Trusts and SLATs to Enhance Estate and Asset Protection Planning
By Barry A. Nelson Material from a presentation of Chapter 8 from Estate Planning and Asset Protection in Florida: A Plan to Survive Unexpected Financial Threats by Barry A. Nelson as presented at the 2020 ACTEC Annual Meeting on March …
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Year-End Estate, Charitable/IRA, and Gift Tax Planning for 2019
Year-End Planning 2019 December 2, 2019 By Barry A. Nelson, Jennifer E. Okcular, and Cassandra S. Nelson Dear Clients and Friends, As we approach the end of 2019, we wanted to take a moment to reach out to you …
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6 Question Gift Suitability Analysis
March 22, 2018 | © 2018 Leimberg Information Services, Inc. (LISI) By Barry A. Nelson and Cassandra S. Nelson As published in: Steve Leimberg’s Estate Planning Email Newsletter, Archive Message #2631, 03-22-18 “As a result of the Tax Cuts and …
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Review Your Estate Plans in Light of Tax Act
What are the tax consequences if the basic exclusion amount is reduced in the future and a person used the entire basic exclusion amount in 2018? For example, could that person be forced to pay a gift tax if the …
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Financial Elder Abuse/Exploitation: An Epidemic?
July 2017 | © 2017 Nelson & Nelson, P.A. By Barry A. Nelson and Cassandra S. Nelson As published in: Trusts & Estates Magazine, July 2017 What Should Estate Planners be Aware of, and What Can They Ethically Do? …
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Attorneys Face Difficult Ethical Challenges in Trying To Protect Clients From Financial Elder Abuse/Exploitation
Spring 2017 | © 2017 ActionLine (shared with permission) By Barry A. Nelson and Cassandra S. Nelson Section 825.101(4), Florida Statutes, defines an elderly person as: a person 60 years of age or older who is suffering from the …
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Barry Nelson & Richard Franklin: Inter Vivos QTIP Trusts Could Have Unanticipated Income Tax Results to Donor Post-Divorce
September 15, 2014 | © 2014 Leimberg Information Services, Inc. (LISI) By Barry A. Nelson and Richard S. Franklin As published in: Steve Leimberg’s Estate Planning Email Newsletter, Archive Message #2244, 09-15-14 “Testamentary QTIPs are perhaps the most common …
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Same Sex Marrige Ruling in Florida
July 28, 2014 | © 2014 Nelson & Nelson, P.A. By Jennifer E. Okcular Two recent decisions in Miami Dade and Monroe Counties have struck down Florida’s Constitutional and Statutory Ban on Same Sex Marriage (Florida Statutes Section 741.212 and …
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Protecting Trusts From Claims of Alimony or Child Support
March 2014 | © 2014 Nelson & Nelson, P.A. By Barry A. Nelson As published in: Trusts & Estates Magazine, March 2014 Parents who want a child’s inheritance to pass into a trust, rather than outright, often seek to prevent …
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Bacardi: The Hangover
Bacardi v. White March 2014 | © 2014 Nelson & Nelson, P.A. By Barry A. Nelson As published in: The Florida Bar Journal, March 2014 This article is a follow up to the March 2012 Florida Bar Journal article, “Bacardi …
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Barry Nelson & Why Post-Judgment Asset Protection is Not a Four Letter Word
March 10, 2014 | © 2014 Leimberg Information Services, Inc. (LISI) By Barry A. Nelson As published in: Steve Leimberg’s Asset Protection Planning Email Newsletter, Archive Message #239, 03-10-14 “My approach is to integrate asset protection planning with estate planning …
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Barry Nelson on Berlinger v. Casselberry: Discretionary Trust Held to be Available to an Alimony Creditor
Berlinger v. Casselberry December 10, 2013 | © 2013 Leimberg Information Services, Inc. (LISI) By Barry A. Nelson As published in: Steve Leimberg’s Asset Protection Planning Email Newsletter, Archive Message #231, 12-10-13 “The first Florida appellate decision addressing whether a …
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10 Steps to Take Now in Light of Estate Tax Legislation
Estate Tax Legislation 2013 Updated through September 24, 2013 | © 2013 Nelson & Nelson, P.A. By Barry A. NelsonPDF ARTICLE WITH EXHIBITS STEP 1: Estate & Gift Tax Rates See Exhibit A for historical rates and Exemptions. For the …
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Are Trust Funds Safe From Claims For Alimony or Child Support? State Laws Vary Widely
Trust Fund Claims, Alimony, Child Support April 2013 | © 2013 Nelson & Nelson, P.A. By Barry A. Nelson As published in: Trusts & Estates Magazine, April 2013 Parents who want a child’s inheritance to pass to a trust, rather …
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2012 Gift Suitability Analysis
July 26, 2012 | © 2012 Nelson & Nelson, P.A By Barry A. Nelson This information has been prepared in accordance with Circular 230. Please review the following paragraph before reading this e-mail or its attachments.No one, without our express …
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Bacardi on the Rocks
Bacardi v. White March 2012 | © 2012 Nelson & Nelson, P.A. By Barry A. Nelson As published in: The Florida Bar Journal, Real Property, Probate and Trust Law (RPPTL), March 2012 Those drafting estate planning documents frequently hear that …
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Asset Protection & Estate Planning – Why Not Have Both?
Neither asset protection planning nor estate planning should be viewed as a discipline unto itself. In today’s litigious environment, practitioners should consider combining asset protection planning with each estate plan prepared for a client. After all, if our clients’ assets …
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New §736.0505(3) Assures Tax/ Asset Protection of Inter Vivos QTIP Trusts
The Florida Bar Journal, December 2010. Effective July 1, 2010, new F.S. §736.0505(3) allows married couples to take advantage more easily of one another’s estate tax exemptions and, at the same time, to enhance asset protection planning. Before enactment of …
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Olmstead: Right Result, Wrong Reasons
BNA, Estates, Gifts and Trusts Journal, September 9, 2010 Florida’s Supreme Court held in Olmstead v. FTC, that a court may order a judgment debtor to surrender all right, title and interest in the debtor’s single-member limited liability company (“LLC”), …
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Throw Me From the Train
Trusts & Estates Magazine, Oct. 2008. Tell your family whether, if the occasion arises, they should take you off life support before the death tax repeal sunsets in 2011.
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Intra-Family Loan and AFRs
Intra-Family Loans are an effective way to shift wealth between family members. For those who routinely take advantage of annual exclusion gifts and want to convey additional tax-free wealth to family members, Intra-Family Loans should be considered. IRA AFR RULINGS
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You Already May Be An Asset Protection Lawyer. Take the Quiz
Trusts & Estates Magazine, July 2008. The mere words “asset protection” make some lawyers wince. They think asset protection is dirty and those engaged in it are the ambulance chasers of the estate planning bar. Truth is, many lawyers already …
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Custom Bond Valuations Can Save Clients Money
Trusts & Estates Magazine, May 2008. Institutions get higher prices for bonds than individuals – yet standard bond valuations are based on the institutional prices. The result: individuals can pay unnecessarily high estate taxes. Time to stop that. Filing a …
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Florida Surprise
Trusts & Estates Magazine, May 2008. Recent cases help keep the state’s status as a haven – despite the 2005 Bankruptcy Act. This article addresses how you should hold title to your real property and financial investments to maximize asset …
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How Does the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 Affect Florida Homestead
Trusts & Estates Magazine, November 2005.
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Homestead Protected
Trusts & Estates Magazine, August 2005. Rorie M. Sherman Briefing. Article by Barry A. Nelson. The 2005 bankruptcy act is likely to generate much uncertainty in the homestead arena. But In re Robin Bruce McNabb, 2005 Bankr. LEXIS 12341, suggests …
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Repeal Could Really Happen
Trusts & Estates Magazine, June 2005 If you’re curious why the lower and middle class seem to approve of permanently repealing a tax on the wealthy, then read Yale University professors Michael J. Graetz’s and Ian Shapiro’s *Death by a …
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Family Limited Partnership Memo
Barry A. Nelson, April 12, 2005 Latest IRS Court case reflects tax court’s most recent application of Code Section 2036(a)(1) to Family Limited Partnerships.
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Florida Homestead Traps
Trusts & Estates Magazine, July 2004 By Barry A. Nelson & Kevin E. Packman Think twice before flying south to exploit favorable homestead and bankruptcy laws. Case law and proposed bankruptcy reforms may clip a few wings. People should think …
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The Frozen T-CLAT
Trusts & Estates Magazine, July 2004 By Donald R. Tescher & Barry A. Nelson An innovative technique gives clients use of their assets even as they reduce transfer taxes and leave money to charity. How would you like to offer …
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Florida’s Homestead Laws: Pitfalls and Traps for the Non-Florida Practitioner
David Pratt and Barry A. Nelson, 2003.
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Florida’s Unlimited Homestead Exemption Does Have Some Limits: Homestead Article Part I & II
The Florida Bar Journal, Jan. 2003 and Feb. 2003 By Barry A. Nelson & Kevin E. Packman
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2002 Bankruptcy Reform & Asset Protection Update
Client Letter dated 5/21/02 By Barry A. Nelson
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Rasmussen Court Allows Both Spouses $125,000 Exemptions and Protects Appreciation Within 1,215 Days of Bankruptcy
The Florida Bar Journal, January 2001 Since the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), courts have interpreted the limitations that BAPCPA placed on homestead protection. With the exception of the Bankruptcy Court for …
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Family Limited Partnerships Proper Maintenance Must Follow Initial Formation Beyond the Headlines—12 Issues to Consider (1999)
Presented to The Florida Institute of CPAs and Estate Planning Conference, Barry A. Nelson, Rosario Ferrero Carr, Marcia E. Levine.
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Litigation in the Joe Robbie Estate Illustrates Elective Share Revocable Trust Traps
The Florida Bar Journal, Jan. 1992 By Barry A. Nelson
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How to Plan for the Peaceful Passing of Your Family Business from One Generation to the Next
Aventura Lifestyles, Summer 1990 By Barry A. Nelson
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