Law Office

Law Office

  • 30 Faenza
  • Newport Coast, California
  • 92657-1601

Website Links

Description

The Circular 230 Regulations are the rules that tax practitioners must comply with in order to practice before the IRS. The Treasury recently issued substantial amendments to these rules, and these amendments take effect June 21, 2005. The purpose of this client alert is to discuss these rules briefly and their impact on the types of written tax advice that we provide to our clients. The revised rules set forth new requirements that must be followed when we provide many types of written advice to clients regarding federal tax issues.

The California Department of Consumer Affairs, Professional Fiduciary Bureau maintains a list of currently licensed private professional fiduciaries. Those interested in working with a professional fiduciary can conduct a name search in their area to assure they are working with a certified professional. All members are required to file annual reports with the Bureau and complete annual educational requirements to maintain their membership.

Although there is no fixed standard of what is required for someone to be considered an "Expert" trust and estate planning witness, the general view is that an expert is qualified as such by virtue of experience, education, skill and training. A qualified expert witness will have many years of experience in both trust and estate plan drafting and management as well as taxation. Expert witnesses often have multiple degrees and may be certified as an expert by either a state bar association, a private organization that maintains lists of qualified professionals or by their experience.

Be sure the person claiming to be a trust and estate planning expert has the requisite experience in the field to properly answer your questions in a clear and understandable manner. When looking for an expert witness it is critical that the witness be able to explain complex matters in a way that is easily understood by a jury or attorney without specialized knowledge.

The complex nature of estate and trust planning and administration and the amount of money often involved make consulting with a trust and estate planning expert a necessary step in any estate or trust planning matter. When conflicts, including, distribution, taxation or other matters, arise in the administration of an estate it often takes a Trust and Estate Planning Expert Witness to help provide insightful expert knowledge into the proper standard of care applicable in various estate planning and administration procedures.

Products & services

Similar companies nearby