Extension and Increase of Basic Exclusion Amount: Including Impact On “Moderately” Wealthy Clients
Jonathan G. Blattmachr, JD, and Martin M. Shenkman, Esq.
November 12, 2025
Description:
This webinar will provide a discussion of a wide range of current estate planning topics in the post-OBBBA environment:
- Non grantor trusts can be used to maximize charitable contributions and SALT and other OBBBA benefits.
- Non-grantor SLANTs are an important technique, but who qualifies as an adverse party?
- Terminating existing trusts for basis step up has become a conversation topic with many clients, but does it make sense?
- When and how might it be accomplished?
- What are the pros/cons and considerations of terminating a trust?
Other topics will be touched on as well. For example, asset protection – and in particular domestic asset protection trusts (DAPTs) – are important to planning with the new high exemption to ensure access. Recent cases from Delaware and Colorado will be reviewed. Many of the decisions about which type of trust to use for which client have changed – such as incomplete vs. completed gift trusts considering the higher exemption and basis step up. Determining how much access to give a settlor in an irrevocable trust has evolved. This new calculus – hybrid DAPT, SPAT, loans, underlying entities, tax reimbursement (new CCA) – will be reviewed, along with how to adapt planning for clients of moderate wealth. We’ll discuss when it makes more sense to use local trusts and individual trustees, instead of settling a trust in a different state with an institutional trustee. We’ll also cover portability, including the recent Rowland estate – many clients may overlook the portability option due to the newly-high “permanent” exemption, but most should still file to preserve the deceased spouse’s unused exemption (DSUE).
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Continuing Education Credits
InterActive Legal is not an approved Continuing Education (CE) Sponsor. However, several states and
regulatory agencies for a variety of professionals that participate on our teleconferences may still receive
continuing education credit for their participation. If a participant wishes to receive CE credit for their
participation in these teleconferences, they must apply to receive credit on their own and through their
individual states and regulatory authorities. It is the responsibility of the participant to file for CE
credit and is not guaranteed by the webinar sponsors.
Jonathan G. Blattmachr, JD
Mr. Blattmachr is a Principal in ILS Management, LLC and a retired member of Milbank Tweed Hadley & McCloy LLP in New York, NY and of the Alaska, California and New York Bars. He is recognized as one of the most creative trusts and estates lawyers in the country and is listed in The Best Lawyers in America. He has written and lectured extensively on estate and trust taxation and charitable giving.
Mr. Blattmachr graduated from Columbia University School of Law cum laude, where he was recognized as a Harlan Fiske Stone Scholar, and received his A.B. degree from Bucknell University, majoring in mathematics. He has served as a lecturer-in-law of the Columbia University School of Law and is an Adjunct Professor of Law at New York University Law School in its Masters in Tax Program (LLM). He is a former chairperson of the Trusts & Estates Law Section of the New York State Bar Association and of several committees of the American Bar Association. Mr. Blattmachr is a Fellow and a former Regent of the American College of Trust and Estate Counsel and past chair of its Estate and Gift Tax Committee. He is author or co-author of eight books and more than 500 articles on estate planning and tax topics.
Among professional activities, which are too numerous to list, Mr. Blattmachr has served as an Advisor on The American Law Institute, Restatement of the Law, Trusts 3rd; and as a Fellow of The New York Bar Foundation and a member of the American Bar Foundation.
Martin M. Shenkman, Esq.
Martin M. Shenkman is an attorney in private practice in Fort Lee, NJ, and New York City. His practice concentrates on estate and tax planning, planning for closely held business, and estate administration.
Mr. Shenkman is an author of over 42 books and more than 1,000 articles. He is an editorial board member of Trusts & Estates Magazine and the Matrimonial Strategist, and an advisor for InterActive Legal. He is the recipient of many awards including being a 2013 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planning Counsels. Mr. Shenkman was named Financial Planning Magazine 2012 Pro-Bono Financial Planner of the Year for his efforts on behalf of those living with chronic illness and disability. Investment Adviser Magazine featured him on the cover of its April 2013 issue naming as the lead of their “all-star lineup of tax experts.”
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