Minimizing Capital Gains in Estate Planning: Sales, Notes, Undoing Trusts, Upstream Gifting, Business Interests

Recording of a 90-minute CLE video webinar with Q&A

Conducted on Tuesday, March 9, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide trusts and estates counsel guidance on various techniques to minimize capital gains in estate planning. The panel will discuss key estate planning issues from the sale and transfer of real estate, business interests, and other assets and effective methods to minimize or eliminate capital gains. The panel will focus on techniques involving the use of trusts, circumstances when undoing trusts may be beneficial, upstream gifting, installment sales, notes, and other key items for trusts and estates counsel.


Estate planning attorneys employ many strategies designed to minimize or eliminate tax liability. Counsel must carefully craft planning techniques to reduce the impact of capital gains on certain assets in light of potential tax law changes under the Biden administration.

The election results could mean significant tax law changes impacting estate plans, which could lower estate and gift tax exemption amounts and end the benefits of stepped-up basis upon death. Trusts and estates counsel must consider clients' options to ensure a reduction or elimination of capital gain taxes.

Certain assets are prime to generate potential capital gains, such as real estate, business interests, stock, and other assets. To avoid the negative impact of capital gains on these assets, counsel can use various methods, such as the use of SLATs and GRATs, installment sales, promissory notes, and upstream gifting. Counsel may consider the undoing of trusts to ensure the estate plan's goals.

Listen as our panel discusses key considerations for clients to minimize capital gains through estate planning and effective techniques to achieve tax savings.



  1. Utilizing specific trusts or undoing trusts
  2. Upstreaming gifts
  3. Installment sales, notes, etc.
  4. Key issues and strategies for business owners
  5. Best practices for trusts and estate attorneys


The panel will review these and other issues:

  • What are the most effective strategies for minimizing capital gains in estate planning?
  • What planning issues arise in the sale or transfer of real estate, business interests, stock, and other assets?
  • What circumstances would cause one to consider undoing a trust?
  • What are the advantages and disadvantages of upstream gifting?
  • What are the benefits and challenges in using installment sales, promissory notes, etc.?


Barnett, Robert
Robert S. Barnett, CPA

Capell Barnett Matalon & Schoenfeld

Mr. Barnett’s practice is highly concentrated in the areas of taxation, trusts, estates, corporate and...  |  Read More

Lipoff, Lawrence
Lawrence M. Lipoff, CPA, TEP, CEBS


With more than 30 years of experience, Mr. Lipoff specializes in the delivery of domestic and international private...  |  Read More

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