Wednesday, December 26, 2012

BBC: Vermont–Quebec Border Conflict Continues


photo: Laura Carpenter (Newport Daily Express)
Early this year Derby Line, Vermont and Stanstead, Quebec got into a row over long simmering issues and the Stansteaders sealed the border—with flower pots. These are not 800 pounders, like the ones at US government building entrances post 9/11. No, these are… just flower pots. Now the controversy has caught the attention of the BBC. Check out this December 11 BBC television report: http://www.bbc.co.uk/news/magazine-20649024.

It's sad that the painted white line that alone marked the international border is gradually being replaced by less friendly symbols of the nation-state. The feds make life more complicated than it needs to be--no surprise there.

Peoples' diplomacy: Talk. Be candid. Be fair. Keep it simpleStay friends.


et in terra pax hominibus bonae voluntatis

[And on Earth peace and goodwill to all]

Monday, December 3, 2012

Qualified Domestic Trusts - No Silver Bullet Solution for Cross-Border Estate Planning


The Qualified Domestic Trust or QDOT has for years been an essential tool of cross-border estate planning. However, US non-citizen married couples and estate planning practitioners alike may be lulled into a false sense of security with the QDOT.

The QDOT is great as far as it goes. It grants a non-citizen spouse a privilege akin to the unlimited marital deduction under Section 2056 of the Internal Revenue Code. Without a QDOT, assets transferred from the decedent to the surviving spouse may be subject to estate tax. After December 31, 2012, a surviving spouse could find her retirement assets (and her heirs could find their inheritance) reduced by more than half (maximum tax rate: 55%). A QDOT, properly drafted and properly utilized at death, should avoid that estate tax nightmare. However, the QDOT has some noteworthy deficiencies.