Take-Away: Michigan has two separate statutes that permit a trustee to decant trust assets to a new trust created by the trustee to ‘fix’ or ‘update’ on older irrevocable trust. While those statutory powers, whether the trustee actually decides to exercise a statutory power to decant trust assets is another matter. Background: Twenty-seven states have […]

Take-Away: On August 8, Treasury published its proposed Regulations to implement the new 20% income tax deduction with respect to qualified business income for flow-through entities like S corporations, partnerships and sole proprietors. Unfortunately the Treasury’s proposed Regulations seem to derail two planning strategies to enable professionals to take advantage of the 20% income tax […]

Take-Away: We all know that elder abuse is on the rise in our society. The Financial Industry Regulatory Authority (FINRA) took note of this problem and in February it implemented new rules in an effort to better protect vulnerable elderly adults from the financial exploitation by others. Background: Over the years FINRA has adopted rules […]

Take-Away: Several ways exist to obtain an income tax basis adjustment for assets held in a long-time irrevocable trust. The lifetime trust beneficiary can exercise a limited power of appointment in trust for another beneficiary [the Delaware ‘tax trap’]. The trust can be modified to give to the lifetime trust beneficiary a general power of […]

Take-Away: While there were few, if any, relevant last-minute statutes passed in Lansing in late December that impact estate planning in general,   or Wills and Trusts I particular, we can expect some helpful legislative activity in the coming months before the state Legislature takes a long summer break in this, yet another, election year. Much […]

Take-Away: If an individual considers the adoption of a Qualified Dispositions in Trust, aka Michigan’s version of an asset protection trust, the trust instrument may need to restrict the settlor’s retained rights to only direct trust investments or veto trust distributions among the other rights that the settlor may retain in their qualified dispositions trust. […]

Take-Away: For Medicaid  planning purposes some states, but not Michigan, follow the ‘name on the check’ rule, that permits a shift of income from the institutionalized spouse to the community spouse without jeopardizing an institutionalized spouse’s Medicaid eligibility to protect the community spouse. Background: The name on the check rule is a common guideline used […]

Take-Away: In July the Michigan Court of Appeals published a decision that recognizes an electronic document as a valid will. In re Estate of Duane Francis Horton, Michigan Court of Appeals, No. 339737 (July 17, 2018.) A legitimate concern is that this court decision puts even more responsibility on the shoulders of a personal representative […]

Take-Away: Over the last couple of years, and especially after the 2017 Tax Cut and Jobs Act gave taxpayers a dramatic increase in their federal estate tax exemption, there has been a lot written about how to intentionally include the value of assets held in preexisting irrevocable trusts in the trust settlor’s taxable estate at […]

Take-Away:  A no-contest clause in a trust is valid in Michigan, unless the challenger possesses probable cause  to file the contest. Michigan’s statute refers to the enforcement of such a penalty clause if the contest is to the trust or instituting another proceeding relating to the trust. Only now are courts starting to grapple with […]