Benjamin Feder’s Technical Estate Planning Cases

Private Equity Cases

Worked with valuation professionals to determine the value of the general partners’ carried interest in multiple funds (and related derivative interests) for purposes of implementing corresponding estate planning transactions (e.g., part-gift, part-sale sale to defective Grantor Trusts). Represented families with $35MM+ who created their wealth in private equity. Many of these transactions focused on valuing an option to purchase the carried interest in order to leverage further various estate and creditor protection benefits.

Asset Protection Planning Techniques

Represented a beneficiary who was inheriting significant funds from her later mother’s estate. She was concerned about potential creditors. While, of course, being mindful of applicable, restrictive rules we established a Delaware Asset Protection Trust for the client’s benefit allowing her to work with her Delaware trustee to still have the economic benefit of the trust while shielding those assets from future, potential creditors.

Charitable Planning Techniques

Besides advising clients with respect to the establishment of donor advised funds and related donor advised committees, we have also established many private foundations for client. For example, we have established a certain foundation so that a client could appreciate both the income tax benefits and various non-tax benefits of having a foundation during her lifetime. Furthermore, her core estate planning documents are drafted so that upon her death a significant portion of her remaining estate will pass to that foundation without being subject to estate taxes.

Leveraged Planning Transactions

Many years prior to the sale of a family business, we recapitalized the shares in the business into voting and non-voting shares in an effort to leverage value. The corresponding valuation report estimated the company's value then at $11MM. The company was ultimately sold for $65MM+ in January 2018; thereby removing much of the company's future appreciation from the Federal and State estate tax systems. The structure also provided for significant creditor protection for the family as well.