Senator Chris Van Hollen introduced the Strengthen Social Security by Taxing Dynastic Wealth Act, which includes significant cuts to the high estate and gift tax exemption. Under this proposal the federal estate tax exemption could drop to $3.5M, the gift exemption could drop to $1M, and transfer tax rates could increase to 45%.
With the potential for a change in control in Congress in the upcoming elections, and the clever tie in of estate tax changes to fund Social Security which cannot be permitted to lapse, practitioners should not ignore this proposal. Practitioners may want to change documents they draft today!
The implications for transfer tax planning, trust drafting, and client advisory strategies will be discussed. The program provides a technical yet practical analysis of how reduced estate, gift, and portability thresholds, higher marginal rates could reshape planning conversations for a far broader client base than in recent years.
Drawing on current legislative proposals and emerging state‑level tax trends, the webinar explores how traditional approaches—such as portability‑only planning, formula clauses, and high‑exemption drafting defaults—may require reassessment. Particular attention is given to post‑mortem planning choices, basis management under compressed exemptions, GST and dynasty trust considerations, leveraged transfer techniques, and access‑oriented structures such as SLAT variants, SPATs, and domestic asset protection trusts. Risk framing, including reciprocal trust doctrine and step‑transaction exposure will be addressed. How should advisers recalibrate client communications, drafting, and practice management protocols? Trust drafting recommendations to use now, even with the low probability of enactment, will be discussed.
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.
Robert S. Keebler, CPA/PFS, MST, AEP (Distinguished) is a partner with Keebler & Associates, LLP and is a 2007 recipient of the prestigious Accredited Estate Planners (Distinguished) award from the National Association of Estate Planners & Councils.
He has been named by CPA Magazine as one of the Top 100 Most Influential Practitioners in the United States and one of the Top 40 Tax Advisors to Know During a Recession. His practice includes family wealth transfer and preservation planning, charitable giving, retirement distribution planning, and estate administration.
Mr. Keebler frequently represents clients before the National Office of the Internal Revenue Service (IRS) in the private letter ruling process and in estate, gift and income tax examinations and appeals, and he has received more than 250 favorable private letter rulings including several key rulings of “first impression.” He is the author of over 100 articles and columns and is the editor, author or co-author of many books and treatises on wealth transfer and taxation. Mr. Keebler has been a speaker at national estate planning and tax seminars for over 25 years including the AICPA’s: Estate Planning, High Income, Advanced Financial Planning Conferences, ABA Conferences, NAPEC Conferences, The Notre Dame Estate Planning Conference and the Heckerling Estate Planning Institute and is the immediate past chair of the AICPA’s Advanced Estate Planning Conference.
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.”