Beneficiary’s Interest in Irrevocable Trust Included in Marital Estate

A divorce court’s equitable powers in some cases can circumvent the clear terms of the Michigan Trust Code that a beneficial interest in a purely discretionary trust is not a property interest that is subject to division in the divorce.

Read More

Getting Ready for the Corporate Transparency Act

The Corporate Transparency Act (CTA)and it’s reporting requirements is only four months away. Now is the time to become familiar with the CTA’s reporting requirements.

Read More

SLAT Risks

While a spousal lifetime access trust may make sense for many wealthy married couples, they do present some risks in how they are administered, how they are drafted, and the ever-present danger of a future divorce.

Read More

2024 Retirement Account Changes

Many new IRA contribution and distribution rules will come into effect starting in January, 2024. Some are straightforward, while one in particular needs more guidance from the IRS to be fully understood.

Read More

The “Adequate Disclosure” Rule

While most of us are aware of the three-year statute of limitations when it comes to reporting gifts to the IRS, we tend to gloss over the requirement that the three-year statute of limitations only commences when there has been an adequate disclosure of the gift to the IRS.

Read More

Projected Inflation Adjusted Amounts for 2024

With the release of the ‘chained’ Consumer Price Index for August 2023 behind us, we now have a pretty good idea of what the federal tax exemptions and exclusions will be for 2024.

Read More

Impact of Divorce on Dispositions to Stepchildren

While a divorce automatically revokes a disposition to an ex-spouse in a governing instrument like a Will or Trust, all by a Michigan statute, there continues to be a debate if a bequest or devise to a stepchild is also automatically revoked when a divorce occurs.

Read More

Retirement Plan Quirks

Much confusion in the retirement planning world stems from the fact that there are different rules for each type of retirement plan, e.g., IRA, Roth IRA, 403(b) plan, qualified plan, etc.

Read More

CRATs, GRATs and the Atkinson Rationale

The administration a trust, either a charitable remainder trust or a grantor retained annuity trust, after it is created is equally as important as complying with the required technical terms of the trust, when the goal is to either obtain an income tax deduction or avoid the imposition of a taxable gift.

Read More

Providing a Copy of the Trust Obligation

Providing information with regard to a trust to its beneficiaries is statutorily required. Ambiguity exists, however, when trying to determine what trust provisions affect the beneficiary’s interest or when a request for information from a trust beneficiary is unreasonable.

Read More