Take-Away: The Michigan Court of Appeals recently confirmed the inability of creditors to attack a beneficiary’s interest in a discretionary trust under the Michigan Trust Code, notwithstanding the fact that the trust instrument used the words shall apply to or for the benefits of…. and that the beneficiary was then delinquent in his child support […]

Take-Away: The ‘name of the game’ in drafting trusts these days is flexibility, in order for the trust to be able to adjust to the constantly changing tax laws. In addition, flexible trusts address future changes in the circumstances of both beneficiaries and fiduciaries which is critical with a dynasty type trust that is expected […]

Take-Away: Presidential candidate Bernie Sanders has proposed a massive overhaul of the transfer tax system. If Mr. Sanders becomes President, and the color of Congress changes to blue in 2020, there could be a dramatic reduction in the gift and estate tax exemptions along with the effective elimination of many conventional estate planning techniques. Summary […]

Take-Away: With the emphasis these days on saving income taxes more than gift and estate taxes, it is important to have a working knowledge of the income taxation of irrevocable trusts. Trustees that are aware of these income taxes are inclined to make distributions of income to trust beneficiaries in order to shift that taxable […]

Take-Away: The worries that some commentators had expressed that clawback of lifetime gifts brought back into a donor’s taxable estate on death could cause estate tax problems after the doubled estate tax exemption falls in 2026 were eliminated by an IRS proposed Regulation. But the order in which the exemption is applied coupled with the […]

Take-Away: As more individuals direct their retirement accounts and IRAs to be paid to irrevocable trusts to exploit the required minimum distribution (RMD) rules,  consider creating a separate trust that is designed solely to receive those pre-tax retirement assets to accommodate all of the unique ‘see-through’ trust rules and limitations. Background: Beneficiaries of a retirement […]

Take-Away: Recent changes to ABLE accounts make them more attractive, especially for families that cannot afford legal fees to create a special needs trust. However, there are still plenty of drawbacks to creating and funding an ABLE account. Background: An individual whose disability or blindness commenced prior to age 26 is eligible to adopt an […]

Take-Away: Generally, the Michigan Trust Code requires two co-trustees to act in unanimity. What happens when one co-trustee delegates his/her authority to the other co-trustee? Reported Decision: In the Matter of the Fund for the Encouragement of Self Reliance, An Irrevocable Trust, 135 Nev. Adv. Opinion (March 21, 2019) Facts: The Nevada Supreme Court was […]

Take-Away: The SECURE Act is a Bill now being considered by Congress. The Bill has considerable bipartisan support, which means that parts of it might actually become law in the next couple of years. If adopted, the SECURE Act would have a dramatic impact on retirement planning (both contributions and distributions.) If some of the […]

The following is a checklist compiled by David A. Handler and Kristen A. Curatolol that appeared in the April 2019 edition of Trusts & Estates. Plan for incapacity Fund the revocable trust Make tax-free gifts Make charitable gifts during life Use gift tax exemptions Make taxable gifts Reduce state estate taxes Substitute low basis trust […]