section update
Estate Planning & Probate Section
By Roger Kirschenbaum
Roger Kirschenbaum, PC
[email protected]
A
s winter turns to spring, the change of seasons brings
a sense of renewal and expectation. For the Estate
Planning & Probate Section there are a number
of things to report as accomplished, and several things to
anticipate in the next 2 months.
Benjamin Franklin is often quoted as stating, “In this world
nothing can be said to be certain, except death and taxes.”
This still appears to be a truism; however, from the world of
those involved in estate planning, the last few years have
seen dramatic change in the application of where “taxes”
may shape planning. GSU Professor Sam Donaldson’s
March presentation regarding “Estate Planning for Married
Couples: Stepped-Up Basis, Asset Protection, Portability &
More” highlighted how the Tax Act of 2012 has
shifted planning for many married couples away
from estate and gift tax to income tax. With
his trademark wry sense of humor, Professor
Donaldson showed how we might redefine
and categorize our clients, albeit carefully,
into “Failures,” “Wannabes,” “Affluent,” and
“Wealthy” for income tax purposes. As well,
with the transfer tax basic exclusion amount
permanently fixed, along with the “portability”
of the deceased spouse unused exclusion
(DSUE), he presented how the paradigm for
married couple planning has changed.
of the Bar, on May 13 when she will present Arbitration and
Dispute Resolution in Estate Planning.
The February 19 social event with the Financial Planners
Association, Elder Law Section and Tax Section was the
success the Estate Planning & Probate Section hoped for.
Members of all 3 Atlanta Bar Association Sections mingled
with the FPA, with approximately 80 people in attendance.
On April 14, the Section hosted the annual
presentation by Professor Mary Radford of GSU
on Recent Developments in Georgia Fiduciary
Law at Maggiano’s in Buckhead. The Section
enjoyed the breakfast presentation by Spalding
Nix of Spalding Nix Fine Art & Antiques, L.L.C.
covering “10 Tips for Identifying Antiques and
How the Antique & Collectible Markets Have
Changed.”
Professor Radford will be back for the May
Section breakfast, to be a co-sponsored event
with the Alternative Dispute Resolution Section
34 THE ATLANTA LAWYER
April 2015
The Official News Publication of the Atlanta Bar Association