Take-Away: Michigan adopted the Uniform Trust Code’s (UTC) terminology of a qualified trust beneficiary although the UTC uses the slightly different term qualified beneficiary. The significance is that a qualified trust beneficiary is entitled to receive information with regard to a trust’s administration, such as annual trustee accountings. In addition, a qualified trust beneficiary also […]

A couple of months ago I wrote about the possible use of spousal lifetime access trusts (SLATs) as a way for a married couple to exploit the recent $5 million increase in their respective federal gift tax exemption amount, while still retaining access to the cash flow generated by those transferred assets. Yet another technique […]

Take-Away: What happens when an IRA owner fails to take his/her full required minimum distribution (RMD) for the year in which he/she dies? The general rule is that the named beneficiary takes and reports that last RMD in his/her income.  However, if the balance of the RMD is not taken prior to the close of […]

Take-Away: Earlier this month the U.S. Sixth Circuit found a Family Trust was the ‘business successor’ to a corporation that had an unfunded multi-employer pension obligation. The result was that $40+ million owed to the Pension Benefit Guaranty Corporation by the corporate sponsors that participated in the multiemployer pension plan was assessed against a Family […]

Take-Away:  Most of us are familiar with the use of the ascertainable standard , i.e. distributions limited to a beneficiary’s health, education, support or maintenance  (HEMS) used in trusts. As something of a surprise, the HEMS standard appears in three separate provisions of the Tax Code, two that deal with the taxation of the exercise […]

Take-Away: Under Michigan’s probate statutes, a spouse who is willfully absent from their deceased spouse for more than one year automatically forfeits his/her rights to take an intestate share or to serve in a fiduciary capacity over their spouse’s estate or affairs. For some reason our Courts have spent a lot of judicial energies diving […]

Take-Away: Apparently spouses are still adopting joint Wills in Michigan, much to my surprise. These documents often create considerable litigation after the death of the second spouse who thought that he/she could adopt a new Will. We have yet another decision from the Michigan Court of Appeals that obviously indicates that the surviving spouse did […]

Take-Away: The contributions that a small business makes to a retirement plan can impact the size of that business’ IRC 199A qualified business income tax 20% deduction. S corporate shareholders might be better off making Roth contributions, while LLC members and partners in partnerships might be better off making pre-tax contributions to a 401(k) account, […]

Take-Away: As was indicated a week or so ago, the proposed Treasury Regulations published on November 20 make it clear that the fear of ‘claw-back’ when calculating an individual’s estate taxes if an individual makes large lifetime gifts before 2026 is unwarranted. A couple of folks asked for a clearer definition of the ‘claw-back’ problem […]

Take-Away: New proposed Treasury Regulations may make it easier for a plan participant to take a hardship distribution from a qualified plan but only if the qualified plan permits hardship distributions to its participants. Background: A qualified plan may permit hardship distributions (withdrawals) by participants from their account balance. The Regulations specify that a hardship […]