Awaiting the SECURE Act Regulations

The SECURE Act came into existence starting in 2020. We are still waiting for Final Regulations that will help to understand and provide guidance to individuals when it comes to taking required minimum distributions (RMDs.)

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Think Twice about Silent Trusts

Michigan finally recognizes a silent trust, which may be appealing to some settlors, but it will probably not be a welcome option by trustees.

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529 Rollover to Roth IRA – One Last Consideration

A Michigan owner of a 529 account who transfers ‘excess’ 529 funds to a Roth IRA may be subject to a state income tax recapture if their initial contribution to the 529 account created a state tax deduction or credit.

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529 to Roth IRA Rollover Clarification

Starting in 2024 the SECURE Act 2.0 allows a rollover from a 529 account with ‘excess’ funds to a Roth IRA. As reported previously, there are several limitations to deal with before this new rollover opportunity and be exploited.

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Naming a Trust as IRA Beneficiary

Naming a Trust as the IRA beneficiary may not always be the best choice for a retirement account owner.

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Michigan’s New Power of Attorney Act

Michigan’s more comprehensive durable power of attorney statute is effective come July 1, 2024.

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U.S. Supreme Court Announces Connelly Decision

The Court held that a corporation’s contractual obligation to redeem the stock of one of its shareholders was not a liability or debt.

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Grantor Trust – A Separate Legal Entity?

There does not seem to be a consensus if a grantor Trust is to be treated as a separate legal entity or not. The Courts apparently are not really sure. This decision can have tax implications when a grantor Trust ceases to be a grantor Trust.

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Health, Education, Maintenance and Support Exposure?

Often it is unfortunate that a Trust’s distribution provisions obfuscate if the Trust is intended to be a discretionary trust or a support trust.

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A Challenge to a Father’s Exercise of a Limited Power of Appointment

The 6-year statute of limitations applies when a claim is made that a settlor mistakenly gave to a trust beneficiary a limited power of appointment.

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