Corporate Transparency Act and Trusts

The Corporate Transparency Act as applied to a conventional estate planning trust that holds a reporting entity leads to a lot of unanswered questions on who exactly a beneficial owner is who must be disclosed to FinCEN.

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Funding a Trust with a General Assignment

Using a general assignment to fund a Trust, sometimes executed by an attorney-in-fact is often legally effective to fund the principal/settlor’s Trust, but questions can often arise using a general assignment.

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IRAs and “Higher Education Expenses”

A traditional IRA can be used to help pay for post-high school education expenses without incurring a penalty. But that is not the best use of those retirement funds.

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Solo 401(k) Rules

There is no rush to open a solo 401(k) account by the end of 2023. But there may still be a deadline.

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Trusts and Joint Ownership

An irrevocable Trust cannot own real estate as a joint tenant with full rights of survivorship.

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Trustee of Revocable Trust with Duty to Collect Trust Assets

A trustee has a duty to collect assets from the decedent’s probate estate if unreasonably withheld.

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IRS Waives Some 50% Excise Taxes

The 50% penalty imposed on the failure to take a required minimum distribution (RMD) from an inherited retirement account just got waived for three years for some designated beneficiaries.

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2024 – SECURE Act 2.0’s official arrival

The SECURE Act 2.0 provided us with many new provisions which became effective on January 1, 2024.

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Wealth Transfer Planning Now

With higher interest rates and expected lower market returns, it is time to reconsider some conventional wealth-shifting strategies for 2024.

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Prenuptial Agreements in Michigan – Can a Uniform Act Help?

Michigan currently is looking into the adoption of the Uniform Premarital and Marital Agreements Act with the intent to provide a level of consistency when it comes to the enforcement of prenuptial and postnuptial agreements.

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