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Dynasty Trusts and other advanced Estate Planning Tools

*State by State Domestic Asset Protection Trust Rankings*
 
*State by State Dynasty Trust Rankings*
 

BREAKING NEWS!!!


Click image to view Forbes slideshow
Richard Oshins and Steve Oshins named two of 24 "Elite Estate Planning Attorneys" by Trust Advisor!
 
Steve Oshins (Class of 2011) joins Richard Oshins (Class of 2007) in Estate Planning Hall of Fame!
 
Steve Oshins Named "Best Lawyers Trusts and Estates Lawyer of the Year" for 2012!
 
Forbes Magazine grades asset protection trust states from A+ to D; Nevada only state with A+!
 
Trust Advisor Blog names Nevada a "Tier 1" state for dynasty trusts and asset protection trusts!
 
Oshins & Associates profiled in feature article titled "Expert Power" in Private Wealth Magazine!
 
Steve Oshins' "Restricted LLC" and "Restricted LP" laws passed in 2009 Nevada legislative session!

 

O-shins [oh-shins]
–noun

1. a nationally known law firm with a primary focus on estate planning and asset protection for large estates.
2. a law firm in Las Vegas, Nevada with clients all over the United States.
3. a law firm with more than 200 clients with net worths above $100 million and many billionaire clients. 
4. the law firm that is known for the widely-used phrases "Megatrust," "Beneficiary Controlled Trust," "Inheritor's Trust" and "Beneficiary Defective Trust", all related to the dynasty trust.
5. a law firm that was responsible for the Nevada 365-year dynasty trust laws, the Nevada LLC and LP creditor protection laws and the Nevada Restricted LLC and LP laws.
6. a law firm that also has clients with less than a million dollar net worth.
7. a law firm that does Nevada probate work and Nevada guardianship work if you need a Nevada probate attorney (Nevada probate lawyer) or a Nevada guardianship attorney (Nevada guardianship lawyer) and has two full-time probate paralegals / guardianship paralegals.





PUBLISHED ARTICLES

DYNASTY TRUST

A dynasty trust is an irrevocable trust that continues for as long as applicable state law allows.  A dynasty trust can be drafted to avoid estate taxes, creditors and divorcing spouses for this period of time.  The primary beneficiary can be given control of the dynasty trust by being named as the controlling trustee.  A Nevada dynasty trust can last for up to 365 years and thus is one of the leading dynasty trust jurisdictions. 


 
Document
Steven J. Oshins - "The New Nevada 365-Year Dynasty Trust - Nevada Becomes a Leading Dynasty Trust State," Communique (March 2006)
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Richard A. Oshins and Jonathan Blattmachr - "The Megatrust: An Ideal Family Wealth Preservation Tool," Trusts and Estates (Nov. 1991)
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Robert L. Moshman - "Dynastic Trusts Today: An Interview with Steven J. Oshins," The Estate Analyst (May 2006)
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Steven J. Oshins, "The Nevada 365-Year Dynasty Trust: Estate Tax Savings, Creditor and Divorce Protection," Nevada Business Journal (June 2008)
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Steven J. Oshins (interview) - "Dynasty Trusts - Opportunities for Multi-Generational Planning," CCH (July 18, 2006)
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Richard A. Oshins and Rozlyn L. Anderson - "Trust a Trust: The Benefits of Using Beneficiary Controlled Trusts," Trust and Investments (Nov./Dec. 2003)
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Steven J. Oshins and Catherine M. Colombo, "Drafting a Trust for Maximum Creditor and Divorce Protection," Communique (Nov. 2008)
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Special Interview with Guest Expert Steven J. Oshins on Dynasty Trusts - Part 1, The Ultimate Estate Planner (May 2009)
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Special Interview with Guest Expert Steven J. Oshins on Dynasty Trusts - Part 2, The Ultimate Estate Planner (June 2009)
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Special Interview with Guest Expert Steven J. Oshins on Dynasty Trusts - Part 3, The Ultimate Estate Planner (Auguest 2009)
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Steven J. Oshins, "Oshins - The Best States for Trusts," Steve Leimberg's Email Newsletter (February 2, 2010)
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Steven J. Oshins, "The dynasty life insurance trust: Never use a regular ILIT again," Life Insurance Selling (September 2010)
 

ASSET PROTECTION

The articles
below deal with different types of asset protection planning.  There are articles on the Nevada Asset Protection Trust since Nevada is the only domestic jurisdiction that allows a person to set up a self-settled asset protection trust with only a two-year statute of limitations.  There are also articles on drafting a dynasty trust, revocable trust or other type of trust with trusts that maximize asset protection.


 
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Steven J. Oshins - "The Nevada Asset Protection Trust," Lawyers Weekly (Jan. 4, 2003)
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Steven J. Oshins - "Asset Protection and the Spendthrift Trust," CCH (2001)
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Heidi C. Freeman and Kristen E. Simmons - "Minimizing the Risks of Owning Hot Investment Properties," Broker/Agent (Sept. 2005)
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Catherine Colombo and Briar Stahl - "Protecting Your Most Valuable Assets" Around Your Home (Mar. 2006)
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Steven J. Oshins and Mark Merric - "Effect of the UTC on the Asset Protection of Spendthrift Trusts," Estate Planning (Aug. 2004)
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Richard A. Oshins and Barry S. Engel - "A Conversation on Integrating Estate Planning and Asset Protection," CCH (Oct. 22, 2002)
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Steven J. Oshins and Mark Merric - "The UTC may Reduce the Asset Protection of Non-Self-Settled Trusts," Estate Planning (Sept. 2004)
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Steven J. Oshins and Christopher M. Riser - "Scheffel v. Krueger : Effectiveness of Statutory Spendthrift Trust Protection"
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Steven J. Oshins and Mark Merric - "How Will Asset Protection of Spendthrift Trusts be Affected by the UTC?," Estate Planning (Oct. 2004)
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Robert L. Moshman - "Nevada-nizing Asset Protection" (Steven J. Oshins - interview), The Estate Analyst (June 2009)
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Steven J. Oshins and Catherine M. Colombo, "Drafting a Trust for Maximum Creditor Protection," Communique (Nov. 2008)
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Interview with Attorney Steve Oshins: New Private Letter Ruling Opens Great Planning Opportunities, The Ultimate Estate Planner (December 2009)
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Kristen E. Simmons and Heidi C. Freeman, "The Completed Gift Nevada Asset Protection Trust: A Unique Way for People to 'Have their cake and eat it Too," Communique (March 2010)
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Steven J. Oshins, "Domestic Asset Protection Trusts - Key Factors Examined," Steve Leimberg's Asset Protection Planning Newsletter (April 26, 2010)
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Steven J. Oshins, "The dynasty life insurance trust: Never use a regular ILIT again," Life Insurance Selling (September 2010)
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Kristen E. Simmons and Steven J. Oshins, "Nevada Passes Updates to Self-Settled Spendthrift Trust Laws," LISI (June 7, 2011)
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Steven J. Oshins, "Steve Oshins: Nevada Passes New Charging Order Laws," LISI (June 20, 2011)
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Steven J. Oshins and Martin L. Bearg, "Tannen v. Tannen: Keeping Trust Assets off the Table in a Divorce," LISI (Dec. 12, 2011)
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Steven J. Oshins, "Steve Oshins on Weddell v. H20, Inc.: Nevada Supreme Court Affirms Creditor Protection Benefits of Nevada LLCs," LISI (Mar. 22, 2012)
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Steven J. Oshins, "Steve Oshins & The Hybrid Domestic Asset Protection Trust," LISI (May 10,2012)
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Robert L. Moshman, "Asset Protection Jurisdictions Compared: Fine-tuning the DAPT, with Steve Oshins," Estate Analyst (May 2012)
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Steven J. Oshins, "The Domestic Asset Protection Trust: Combining it with the Double LLC Strategy," Probate & Property (Jan./Feb. 2013)
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"Steve Oshins & Bob Keebler on the 40th Anniversary of Garretson v. Garretson: Spendthrift Trusts and Divorce Protection," LISI (Jan. 10, 2013)
 
 

INHERITOR'S TRUST

An Inheritor's Trust is a special form of dynasty trust that is designed to receive an inheritance from a person who has not yet died.  The concept originated from the desire to set up dynasty trusts for the benefit of our clients in the same way in which our clients set up dynasty trusts for their descendants.   


 
Document
Richard A. Oshins and Noel C. Ice - "The Inheritor's Trust - The Art of Properly Inheriting Property," Estate Planning (Sept. 2003)
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Steven J. Oshins - "The Inheritor's Trust - Planning in Contemplation of an Inheritance," Lawyers Weekly (Feb. 2004)
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Robert L. Moshman - "Spotlight on the Inheritor's Trust," The Estate Analyst (Aug. 2005)
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Richard A. Oshins and Gerald E. Lunn, Jr. - "Trust Planning for the 21st Century: An Introduction to the Inheritor's Trust," CCH
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Richard A. Oshins, Robert G. Alexander and Kristen E. Simmons, "The Beneficiary Defective Inheritor's Trust: Finessing the Pipe Dream," CCH Practitioner's Strategies (Nov. 2008)
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Robert L. Moshman, "Freeze, Squeeze, and Burn Trusts" (Benenficiary Defective Inheritor's Trust - Richard A. Oshins), The Estate Analyst (Feb. 2009)
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Richard A. Oshins, "The Beneficiary Defective Inheritor's Trust ("BDIT")," (2009 presentation outline)
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Jerome M. Hesch, Lawrence Brody, Richard A. Oshins and Susan P. Rounds, "A Gift From Above: Estate Planning On a Higher Plane," Trusts & Estates (Nov. 2011)
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Richard A, Oshins, Larry Brody and Katarinna McBride, "The BDIT: A Powerful Wealth Planning Strategy When Properly Designed And Implemented," LISI (June 22, 2011)
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Richard A. Oshins, Theodore Calleton and Neill McBryde, “Building Flexibility and Control Mechanisms into the Estate Plan – Drafting from the Recipient’s Viewpoint,” 61st NYU Institute (2005)
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Richard A. Oshins and Lawrence Brody, "The BDIT Schematic with Flow Charts"
 
 

NEVADA RESTRICTED LLC AND LP

A Nevada Restricted Limited Liability Company and Limited Partnership are a new form of business entity only available under Nevada Law.  The Nevada Restricted LLC and LP enable a person (who doesn't have to be a Nevada resident) to obtain much larger valuation discounts than are obtainable in any other jurisdiction. 


 
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Steven J. Oshins, "FLASH - Nevada Restricted LLC and LP laws enacted," Steve Leimberg's Estate Planning Email Newsletter (May 30, 2009)
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John Buhl, "Nevada Enacts Unique Estate Planning Law," State Tax Notes (June 4, 2009)
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Robert L. Moshman, "Tax Reform Preview - New: The Nevada Restricted LLC and LP," The Estate Analyst (June, 2009)
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Steven J. Oshins - BREAKING NEWS: New Legislation Authored and Passed by Steve Oshins Creating the 'Restricted LLC' and 'Restricted LP,'" The Ultimate Estate Planner, Inc. (June 2009)
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Steven J. Oshins, "The New Nevada Restricted LLC and LP Legislation: A 'Why?' and 'How to?' Guide," Communique (September 2009)
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Steven J. Oshins (interview), "Nevada Jumps Ahead with New Restricted' Entities," CCH (July 21, 2009)
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Correy E. Stephenson, "New law allows for record valuation discounts," Lawyers USA (Oct. 8, 2009)
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Eric L. Reiner, "Expert Power," Private Wealth (Nov/Dec 2009) - profile of Oshins & Associates
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Steven J. Oshins and Robert S. Keebler, "New Nevada Restricted LLC and LP Law: An Ideal Combination with a Graduated GRAT," Estate Planning Magazine (Jan. 2010)
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Steven J. Oshins, Richard A. Oshins, Carol Cantrell and Sanford Schlesinger, "Nevada Restricted LLCs," CCH - Transcripts (Nov. 19, 2009)
 

OPPORTUNITY SHIFTING

Opportunity Shifting is the name we gave to the technique where our client's parent, grandparent or other person sets up a dynasty trust for the benefit of our client.  Our client, as trustee of the dynasty trust, uses the gift made by the parent or grandparent to invest in a hot business or investment opportunity in the dynasty trust, thereby protecting the opportunity from estate taxes, creditors and divorcing spouses for the duration of the dynasty trust.


 
Document
Steven J. Oshins - "Opportunity Shifting: A Life Insurance and Estate Planning Technique," Journal of Financial Service Professionals (May 1999)
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Richard A. Oshins, Michael J. Jones and Gerald E. Lunn, Jr. - "The Opportunity GRAT 'OPGRAT' can Reward Success and Minimize Adverse Tax Risks," Estate Planning (Mar. 2006)
 

INSTALLMENT SALES TO DEFECTIVE DYNASTY TRUSTS

The installment sale to an income tax defective dynasty trust is one of the primary techniques used to move assets out of a wealthy person's estate into a dynasty trust without any gift taxes or generation-skipping transfer taxes. 


 
Document
Steven J. Oshins - "Sale to a Defective South Dakota Dynasty Trust: Leveraging Your Trust into Perpetuity," Communique (April 1998)
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Steven J. Oshins - "Sale to a Defective Trust: New Twist on Popular Technique," Trusts and Estates (Sept. 2002)
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Steven J. Oshins - "Sales to Grantor Trusts: Exponential Leverage Using Multiple Installment Sales," Probate and Property (Jan./Feb. 1999)
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Steven J. Oshins, Al W. King III and Pierce H. McDowell III - "Sale to a Defective Trust: A Life Insurance Technique," Trusts and Estates (April 1998)
 

SCIN-GRAT

A SCIN-GRAT is a mortality hedging technique that combines an installment sale (using a self-cancelling installment note) to an income tax defective dynasty trust with a grantor retained annuity trust.  If the grantor dies sooner than expected, the dynasty trust funding is maximixed.  If the grantor lives longer than expected, the grantor retained annuity trust funding increases and the dynasty trust funding decreases.  No matter when the grantor dies, the estate tax savings is significant because of the mortality hedge.


 
Document
Steven J. Oshins and Kristen E. Simmons - "The SCIN-GRAT: A Hedging Technique takes the Mortality Risk out of Estate Planning," Trusts and Estates (June 2008)
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Richard A. Oshins, Steven J. Oshins and Robert S. Keebler - "The SCIN-GRAT: An Innovative Strategy to Hedge Your Bet," Estate Planning (Sept. 2007)
 

GRAT AND GRAT REMAINDER SALE

A GRAT (Grantor Retained Annuity Trust) is technique used to move significant wealth out of a person's estate with no gift tax.  It is considered a very safe technique because there is almost no gift tax risk despite the huge upside.  Unlike a dynasty trust, a GRAT can only continue for one generation without an additional transfer tax.  One potential strategy around this is to sell the remainder interest in the GRAT to a dynasty trust.


 
Document
Steven J. Oshins and David A. Handler - "The GRAT Remainder Sale," Trusts and Estates (Dec. 2002)
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Richard A. Oshins, "The Walton GRAT: A 21st Century Planning Tool," CCH (July 19, 2001)
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Richard A. Oshins, Carlyn S. McCaffrey and Noel C. Ice, "Planning with GRATs," 62nd N.Y.U. Institute (2003)
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Steven J. Oshins and Robert S. Keebler, "New Nevada Restricted LLC and LP Law: An Ideal Combination with a Graduated GRAT," Estate Planning Magazine (Jan. 2010)
 

REVOCABLE TRUST AND NEVADA PROBATE

A revocable trust is used to avoid probate and to use a person's remaining estate tax exemption and generation-skipping transfer tax exemption to maximize tax benefits.  To the extent, the revocable trust is funded during life, those assets avoid probate.  Assets left out of the revocable trust will go through probate.  For example, a Nevada resident who dies and hasn't fully funded his revocable trust will need a Nevada probate attorney (Nevada probate lawyer).  Oshins & Associates has a large Nevada probate practice.  A Nevada probate attorney (Nevada probate lawyer) from Oshins & Associates will make the probate process a smooth one.   


 
Document
Catherine M. Colombo and Kristin M. Tyler - "The Revocable Trust: A Powerful Tool to Protect your Most Valuable Assets," Around Your Home (July 2008)
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Kathleen Korvalis and Elizabeth DeAnda - "Title Assets Correctly: Avoid Probate," Around Your Home (Oct. 2008)
 

MISCELLANEOUS ESTATE PLANNING


 
Document
Richard A. Oshins and Steven J. Oshins - "Protecting & Preserving Wealth into the Next Millennium - Part 1," Trusts and Estates (Sept. 1998)
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Richard A. Oshins - "Family Wealth Protection and Preservation," Trusts and Estates (Feb. 1993)
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Richard A. Oshins and Steven J. Oshins - "Protecting & Preserving Wealth into the Next Millennium - Part 2," Trusts and Estates (Oct. 1998)
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Richard A. Oshins - "In Search of the Perfect Estate Plan: A Pipe Dream Can Become a Reality," CCH
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Steven J. Oshins - "Creative Life Insurance Funding Techniques for the Large Policy," CCH (Sept. 20, 1999)
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Richard A. Oshins - "Cutting Edge Techniques to Enhance Popular High-End Wealth Shifting Strategies," State Bar of Texas (Apr. 6-7, 2006 presentation outline)
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Steven J. Oshins - "Profiles in Wealth Management" (interview), Western Wealth Management Business (Mar. 2008)
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Richard A. Oshins - "Defective Trusts Offer Unique Planning Opportunities"
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Richard A. Oshins - "Creative Estate Planning Strategies: Some Selected Recipes"
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Heidi C. Freeman, Kristen E. Simmons and Robert C. Slane - "Efficient Use of Non-Qualified Stock Options as a Wealth Transfer Vehicle"
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Richard A. Oshins and Kevin Matz, "Resolving the Mismatch of Estate Inclusion Value and Deduction Value"
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Richard A. Oshins, "Advanced Planning Strategies Using Grantor Trusts"
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Richard A. Oshins and Bradford P. Bauer, “Life Insurance Could Be the Quintessential Value Shifting Asset,” Estate Planning Magazine (July 2011)
 

 

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Phone number 702-341-6000.  All rights reserved.