Spokane Washington Estate Planning, Probate and Living Trusts Attorneys Moulton Law Offices

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Estate Planning Services
Assistance with Living Trusts, Wills (simple & complex), Powers of Attorney, Living Wills, Irrevocable Trusts, Family Limited Partnerships, and Charitable Giving.

When Loved Ones Pass Away
Probate Assistance, Trust Administration, and Probate Litigation.

Incapacity Planning
Assistance in pre-planning the handling of a client's affairs in the event they become disabled before passing away.

Business Planning
Business Succession Planning, Small Business Planning, and Lawsuit and Asset Protection.

Elder Law & Medicaid Services
Helping clients qualify for government benefits legally and ensuring their estates are preserved in the process.

Planning for Those With Special Needs
Assistance in creating plans with disabled family members in mind.

Financial Advisor Education Corner
Comprehensive resource center that includes timely Educational Alerts and FYIs, along with Continuing Education Programs for Financial Advisors, covering fundamentals to advanced estate planning and taxation topics.

Financial Planning Assistance
Helping clients preserve their wealth and achieve their long-term financial goals.

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HOME > Financial Advisor Education Corner > Educational Alerts

Educational Alerts
Educational Alerts are written on topics that effect various aspects of estate planning and the laws that govern it. They are usually published and posted to this site at the end of each month. Occasionally newsworthy events will initiate the release of additional alerts at the time the news breaks. The purpose of an Estate Planning Update is to bring important information to the financial advisors in the community. Our hope is that this information better equips you to assist your clients.

Moulton Law Offices releases important estate planning and related articles on a regular basis. Please take a moment to register to receive full access to our Educational Alerts and FYIs.

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IRS Disappoints With Guidance for Rollovers of Inherited Company Plans
The article examines Notice 2007-7 which undermined the non-spousal rollover provisions of Retirement Protection Act of 2006.

Lame Duck Congress Passes Last Minute Tax Act
The Alert discusses the Tax Relief and Health Care Act of 2006. It lists the various provisions and highlights the most important one: the modification of the rules of Unrelated Business Taxable Income for a CRT. If a CRT had UBTI prior to the act, it lost tax exempt status. Beginning January 1, 2007, it does not lose tax exempt status, but faces an excise tax equal to 100% of the UBTI. This is often better and can make contributing business assets to a CRT more attractive.

Creating a Trust to Protect from Future Unknown Creditors is a Fraudulent Transfer in Washington
This month's alert reviews United States v. Townley, a case in which a District Court in Washington held that the creation and transfer of assets to an irrevocable trust was a fraudulent transfer with respect to future creditors. The IRS was not a foreseen future creditor at the time the trust was created, but the trustors testified that one of the primary reasons the trust was established was concerns about liability associated with a different identified potential future creditor.

Proper Drafting of Trust Protects Trust Assets from Creditors, Including the Internal Revenue Service
This article examines recent IRS guidance concerning the ability of the IRS to attach a beneficiary's interest in a trust. The article provides options for greater creditor protection by not using typical HEMS language.

Ninth Circuit Court Affirms Asset Protection for Trust Beneficiary
One of the advantages of establishing trusts for beneficiaries as opposed to outright distributions is asset protection. In the case In re John and Holly Coumbe, Debtors, a Bankruptcy Trustee sought to include the assets of a testamentary trust created by the debtor’s mother in his Chapter 7 bankruptcy estate. The Court held the trust assets were unavailable to the debtors’ creditors.

HIPAA Protected Health Information Provisions Become Effective – Clients Need to Take Action Now
On April 14, 2003, the privacy provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, 45 CFR §§ 160–164, affectionately dubbed HIPAA, went into effect. The new regulations have caused much turmoil among "covered entities" (e.g., doctors, hospitals, nursing home facilities, and insurance companies), as they will now, for the first time, be subject to federally imposed sanctions and monetary fines for unauthorized disclosure of "private health information." The new law has caused many health care providers to clamp down on the release of medical records and other health care information to anyone other than the patient.

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Moulton Law Offices Office Locations Estate Planning Attorneys for Spokane, WA
(By Appointment Only) RICHLAND 1776 Fowler Street The Estate Building Suite 25 Richland, WA 99352 Phone: (800) 949-4556 Fax: (509) 324-9098 CONTACT US See a map to this office!	(By Appointment Only) SPOKANE 1220 North Mullan Road Spokane, WA 99206 Phone: (509) 328-2150 Fax: (509) 324-9098 CONTACT US See a map to this office!