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Using trusts and estate planning to fight systemic racism

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Estate and trust planning by financial advisors on behalf of Black Americans can tear down the historical barriers that have led to persistent racial disparities today, according to a new study.

The weight of personal or historical trauma related to wealth, low rates of representation for Black advisors and other minority professionals and daily signs that America is giving up on efforts to acknowledge and confront systemic racism could prove exhausting to anyone in wealth management seeking to lift up historically excluded groups through their work. And those come on top of the difficulty of breaking into the profession and running a successful business.

That’s why Lynne Marie Kohm, a professor of family law at Regent University School of Law in Virginia Beach, Virginia, and Peyton Farley, a 2022 graduate of the school — the co-authors of a published academic study titled, “Strategic Use of Trusts to Dismantle Racism: Building Trust through Trusts to Preserve and Empower Black Wealth,” used the analogy of a starfish to describe the importance of estate planning for Black Americans. Advisors cannot change political and financial systems on their own, but they can aid clients and their families.

“When professionals feel this fatigue, a good strategy for coping is to see that the help he or she can give just one client or just one family can and does make a tremendous difference,” Kohm and Farley said in an email interview. “Throwing one back into the sea may not make a difference to the beach loaded with thousands of starfish, but it makes all the difference to that one. Every client is worthy of attention, and serving just that one client can bring the joy of making a difference in a sea of challenge. Wealth building provides empowerment. And that client’s family wealth building will make a difference for the next generation.”

READ MORE: A plan to build Black wealth in one community — and nationwide

Personal and historical contexts

The study in the Dec. 1 issue of the Thurgood Marshall Law Review followed the researchers’ prior 2021 paper on how the wealth implications of the Tulsa Race Massacre of 1921 demonstrated the need for “wise financial and estate planning” for Black Americans. Other research has found, for example, that eliminating the so-called racial will gap between white and Black Americans would alone slash the wealth gap between the races by 10% over three generations. More generally, experts have pointed out how advisors can add value for clients of any background with estate advice ranging from a nudge toward a plan or revision, the idea of arranging a trust or a number of sophisticated generational transfer methods that protect their family’s wealth for the future.

Kohm and Farley’s paper traces the history of systemic racism in finance before exposing several myths that further impede Black generational wealth transfers. In all, they compiled a compelling case that estate and trust planning with advisors, attorneys, tax professionals or experts from any part of the fields touching wealth management alters the course of history.

“Trusts protect wealth and allow for family wealth growth and transfer, and having a transfer plan for wealth also works to protect wealth from waste and amelioration, effectively increasing wealth,” Kohm and Farley wrote. “Without changes deeper economic divides will be created in American society, leading to more extreme inequalities. Examining what role wealth has and can have in individual lives and families may be a key to beginning to dismantle racism one estate plan at a time to minimize or even extinguish this racial divide in the larger society.”

As they take on that work, though, advisors must also win over clients who have valid personal or historical reasons for avoiding professionals in fields like finance and medicine, according to Pat Brown, a wealth manager in the Lawrence, Kansas-based office of Creative Planning. The research paper made “a lot of great points” in seeking to explain how estate and trust planning act as “a tool against antiracism,” Brown said in an email. 

It prompted him to think of the idea of Black Americans from young to middle-aged households buying insurance policies and establishing a trust to collect the assets and other means of passing down wealth, he said. However, professionals like advisors and doctors have to navigate some distrust in the process.

“There are Black folks even today that don’t think they should go to doctors in 2025 because of the beliefs their parents and grandparents had that got taught to them,” Brown said. “Some of the simple strategies of establishing a trust and funding a trust are a great way of creating wealth and getting it passed down to generation after generation.”

READ MORE: The impact of the ‘racial will gap’ on wealth

Key takeaways

Kohm and Farley cover hundreds of years of history in the first section of the paper, with discussions of race massacres in Tulsa and elsewhere, vagrancy laws, the Freedman’s Savings Bank, redlining and housing segregation, and the legacy of racism in patents. Then they proceed to address six myths about trusts and estate planning: It’s only for the rich; the family already understands the older members’ wishes upon death; it’s too challenging; lawyers aren’t trustworthy; it’s too expensive; and the clients don’t care about what happens to “my stuff” when they pass away, the authors write. 

Trusts may pose varying degrees of complexity, but they offer a solution to many of those problems — especially when there is a fiduciary professional putting the clients’ interests first in all their advice and work on behalf of the entity. At their root, trusts offer a means of preserving wealth between generations for the settlor, trustor, grantor or donor who creates them.

“A settlor is simply the property owner who chooses to manage that property with a trust,” Kohm and Farley wrote. “That trust settlor has all power and authority to make the highest and best use of his or her wealth through accountable management of the assets in that trust — which can include anything from the family farm to the family innovations. Using that power and vesting it in a trusted individual or family member is wiser than leaving it to memory or a conversation that is hoped to be remembered, or to the default intestate succession rules of a state government, which could take years, and result in tremendous asset waste.”

To illustrate the specific importance among Black Americans, they include the examples of family farms that have failed to reach another generation after the original owners’ deaths or even celebrity cases such as the costly legal wrangling after Prince’s death in 2016. Instruments such as a special needs trust, a supplemental needs trust or a spendthrift trust, provision or clause prove highly beneficial.

On the other hand, Kohm and Farley point out that many Black families may avoid these key questions entirely if they involve working with a professional who doesn’t understand their cultural experience. Similar to the field of planning in which fewer than 2% of certified financial planners are Black, the dearth of Black estate lawyers poses a challenge to convincing many prospective clients of the benefits of trust and estate planning.

“Clients want to be served by lawyers with whom they have things in common. Naturally, this is important with race, culture, ethnicity, faith, etc,” Kohm and Farley said. “Overcoming fear and distrust of lawyers and decades of distrust of the law is not an insignificant hurdle, but can be well-bridged by black lawyers serving black families.”

READ MORE: To shrink the wealth gap, reframe money as an everyday topic 

Finding the encouragement in difficult work

While that area speaks to the continuing problem of underrepresentation of Black and Hispanic professionals, it further displays the essential nature of the tough and daily effort to confront the historical legacies of wealth in America — one client at a time — the researchers added.

“It was really not only instructive for us, but encouraging,” Kohm and Farley said of their study. “Every moment of work we spent on it was often upsetting, sometimes therapeutic, but in the end encouraging, and creating in us a desire to continue to work to make a difference. In many ways we sensed that our work was to honor those whose stories were critical to this research.”

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IRS offers penalty relief for micro-captive transactions

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The Internal Revenue Service issued a notice Friday giving some breathing room to participants and advisors involved with micro-captive insurance companies.

In January, the IRS issued final regulations designating micro-captive transactions as “listed transactions” and “transactions of interest,” akin to tax shelters. The IRS had proposed the regulations in 2023 but needed to be careful to comply with the Administrative Procedure Act to allow for a comment period and hearing after a 2021 ruling by the Supreme Court in favor of a micro-captive company called CIC Services because the IRS hadn’t followed those procedures back in 2016 when designating micro-captives as transactions of interest. However, the micro-captive insurance industry has asked for more time to comply with the new reporting and disclosure requirements, and one group known as the 831(b) Institute announced earlier this week it had sent a letter to the IRS’s acting commissioner requesting an extension.

On Friday, the IRS issued Notice 2025-24, which provides relief from penalties under Section 6707A(a) and 6707(a) of the Tax Code for participants in and material advisors to micro-captive reportable transactions for disclosure statements required to be filed with the Office of Tax Shelter Analysis. However, the relief applies only if the required disclosure statements are filed with that office by July 31, 2025. 

In the notice, the IRS acknowledged that stakeholders had raised concerns regarding the ability of micro-captive reportable transaction participants to comply in a timely way with their initial filing obligations with respect to “Later Identified Micro-captive Listed Transactions” and “Later Identified Microcaptive Transactions of Interest.”

In light of the potential challenges associated with preparing disclosure statements during tax season and in the interest of sound tax administration, the IRS said it would waive the penalties under Section 6707A(a) with respect to Later Identified Micro-captive Listed Transaction and Later Identified Microcaptive Transaction of Interest disclosure statements completed in accordance with Section 1.6011-4(d) and the instructions for Form 8886, Reportable Transaction Disclosure Statement, if the participant files the required disclosure statement with OTSA by July 31, 2025.   

The relief is limited to Later Identified Micro-captive Listed Transactions and Later Identified Micro-captive Transactions of Interest. However, the notice does not provide relief from penalties under Section 6707A(a) for participants required to file a copy of their disclosure statements with OTSA at the same time the participant first files a disclosure statement by attaching it to the participant’s tax return.  

Taxpayers who are concerned about meeting the due date for these disclosure statements can ask for an extension of the due date for their tax return to obtain additional time to file such disclosure statements. The disclosures required from participants in micro-captive listed transactions and transactions of interest on or after July 31, 2025, remain due as otherwise set forth in the regulations. 

There’s also a waiver for the material advisor penalty for similar reasons. “In light of potential challenges associated with preparing disclosure statements during tax return filing season and in the interest of sound tax administration, the IRS will waive penalties under section 6707(a) with 5 respect to Later Identified Micro-captive Listed Transaction and Later Identified Microcaptive Transaction of Interest disclosure statements completed in accordance with § 301.6111-3(d) and the instructions to Form 8918, Material Advisor Disclosure Statement, if the material advisor files the required disclosure statement with OTSA by July 31, 2025,” said the notice. “Disclosures required from material advisors with respect to Micro-captive Listed Transactions and Micro-captive Transactions of Interest on or after July 31, 2025, remain due as otherwise set forth in § 301.6111-3(e).  This notice does not modify any list maintenance and furnishment obligations of material advisors as set forth in section 6112 and § 301.6112-1. “

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Transforming accounting firms through connected leadership

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In my work with accounting firms, I’ve lost count of how many times I’ve heard partners say some version of: “We’re paying top dollar. Why are people still leaving?” One conversation particularly sticks with me — a managing partner genuinely baffled by rising turnover despite offering excellent compensation packages.

What I often discover isn’t surprising: Many firms have mastered technical excellence and client service while leadership runs on autopilot. They focus almost exclusively on metrics and deadlines, forgetting the human element. No wonder talented professionals walk out the door seeking workplaces where they’re valued for more than just their billable hours.

We’re facing a significant talent challenge in our profession. From 2020 through 2022, approximately 300,000 U.S. accountants and auditors have left their jobs — a dramatic shift that should concern all of us. While retiring baby boomers account for some of this exodus, we also see professionals in their prime years leaving the profession.

(Read more:Connected Leaders: Cultivating deeper bonds for team success“)

The timing couldn’t be worse. The Bureau of Labor Statistics projects about 136,400 accounting and auditing job openings annually through 2031, creating a significant gap between talent supply and demand. This challenge requires more than recruitment tactics or compensation increases — it demands a fundamental shift in how we lead.

The disconnection crisis

Traditional accounting leadership has often prioritized technical excellence and client service at the expense of human connection. We’ve built cultures where being constantly available somehow equals commitment, boundaries are treated as limitations rather than assets, and professional development means technical improvement instead of leadership growth.

Technology has both connected and disconnected us. I’ve worked with firms where team members haven’t had a meaningful conversation with their managers in months despite being on Zoom calls together every day. This disconnect leads to declining engagement and stalled innovation, and makes retaining talented professionals increasingly difficult.

Connected leadership isn’t complicated — it’s about creating real relationships through intentional practices that build trust. It’s the opposite of the “manage by spreadsheet” approach that’s all too common in our profession.

I love thinking about connected leadership like conducting an orchestra. Great conductors don’t just keep time — they understand what makes each musician unique, create space for individual expression within the group, and know when certain sections should shine while others provide support. Most importantly, they get that beautiful music comes from relationships, not just technical precision.

This approach sits at the heart of what I teach through The B³ Method — Business + Balance = Bliss. When leaders create environments where team members feel genuinely seen and valued, magic happens — both in personal fulfillment and on the bottom line.

orchestra conductor

Alenavlad – stock.adobe.com

The business case for connection

Before dismissing this as too “soft” for our numbers-driven profession, consider the data. According to Gallup’s 2024 State of the Global Workplace report, low employee engagement costs the global economy $8.9 trillion annually — an extraordinary sum that affects businesses of all sizes.

Organizations with high engagement see 21% higher profitability and significantly lower turnover. What accounting leaders really need to understand is that managers account for 70% of the variance in team engagement. When managers themselves are engaged, employees are twice as likely to be engaged too. These positive shifts translate to better retention, stronger client relationships and improved profitability.

Beyond retention, connected leadership directly impacts client relationships and innovation. When team members feel psychologically safe, they’re more likely to raise concerns, suggest improvements, and deliver exceptional client service.

Becoming a connected leader

You don’t need to overhaul your entire firm to start seeing results. Try these practical approaches:

  1. Take a beat. Before jumping into solutions or directives, pause to really listen. Some of my most successful clients start meetings with “connection before content” — spending just a few minutes establishing human connection before diving into the agenda. I recently had an attendee of my Connected Leadership workshop tell me: “Taking just two minutes to meditate can remarkably reset the nervous system, providing a quick and effective way to find calm and focus during a busy workday.”
  2. Create boundary rituals. Work-life harmony isn’t about perfect balance — it’s about intentional integration. Help your team establish clear boundaries that actually enhance client service, like “no-meeting Fridays” or dedicated deep work blocks. One partner told me their key takeaway was “to take care of myself to be better in all aspects of life!”
  3. Measure what matters. Beyond billable hours and realization rates, assess team connections through regular check-ins focused on engagement and belonging. Another workshop participant noted that, as a leader, they must take “100% responsibility for my own actions and outcomes.” What gets measured gets managed — so measure the human element, too.
  4. Get comfortable with vulnerability. Share appropriate challenges and lessons learned, showing that vulnerability is a strength. Poignant feedback from my last workshop stated: “For the managing partners and leaders of the organization to put out there for us their vulnerabilities, past struggles, and pain is a testament to their humanity and endurance, and that is a powerful takeaway.”

The future of accounting leadership

Implementing connected leadership will likely face resistance, particularly in traditional accounting environments. This approach can initially be misperceived as “soft” or less important than technical skills. However, the firms that successfully navigate this transition recognize that connected leadership isn’t separate from business success — it’s foundational to it.

When faced with resistance, start small with measurable experiments. Document outcomes, adjust approaches and gradually expand successful practices. Focus on the business case rather than just the human case, though both are equally important.

As our profession navigates unprecedented talent challenges, we need to evolve how we lead. The firms that will thrive won’t just be those with the best technical expertise — they’ll be the ones where leaders prioritize connection alongside excellence.

I challenge you: Are you leading in a way that creates meaningful relationships, or are you perpetuating a culture where people feel like just another billable resource? Your answer might determine whether your firm struggles to keep talent or becomes a magnet for professionals seeking both success and fulfillment.

In an orchestra, the most powerful moments often come not from individual instruments playing louder, but from all sections playing in harmony. The same is true for our teams.

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Accounting

Ohio welcomes out-of-state CPAs after new law

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Ohio’s new law providing an alternative path to a CPA license has taken effect after 90 days and the Ohio Society of CPAs is pointing out another provision of the law, enabling out-of-state CPAs to practice in the Buckeye State.

Ohio Governor Mike DeWine signed House Bill 238 in January, enabling qualified CPAs from other states to work in Ohio, The OSCPA noted that other states are working to adopt similar language to Ohio. 

“Automatic interstate mobility essentially works like a driver’s license,” said OSCPA president and CEO Laura Hay in a statement Thursday. “You can drive through our state without an Ohio license, but you still must follow our laws and if you don’t, you’re penalized. The same applies here – a licensed CPA in good standing can now practice here but must adhere to our strict professional standards.”

Four other states — Alabama, Nebraska, North Carolina and Nevada — currently function under this model. That means a CPA with a certificate in good standing issued by any other state is recognized and allowed practice privileges in those four states as well as Ohio. A number of states like Ohio are also taking steps to provide alternative pathways to CPA licensure aside from the traditional 150 credit hours. In addition, approximately half of all jurisdictions have indicated they are shifting to automatic mobility to ensure that CPAs from all states will have practice privileges and be under the jurisdiction of the state’s board of accountancy.  

“The realities of globalization and virtualization place greater importance on the individual’s qualifications, rather than their place of licensure,” Hay stated. “And the more states we have that accept this model, the more successful we will all be in addressing the national CPA shortage.”

State CPA societies as well as the American Institute of CPAs and the National Association of State Boards of Accountancy have been working on ways to make the CPA license more accessible to expand the pipeline of young accountants coming into the profession and relieve the shortage. 

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