The Atlanta Lawyer April 2015 | Page 34

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