Deeds , Promises and Oral Trusts

While Michigan respects the creation and enforcement of an oral trust, there must be clear and convincing evidence of the trust’s terms, and other statutes, like the Statute of Frauds, override the oral trust statute.

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Naming a Corporate Trustee

The use of a corporate, or professional, trustee can go a long way to maneuver the minefield of family tension and dynamics on a family member’s death.

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Undue Influence or The Science of Persuasion

How society looks at undue influence is rapidly changing, perhaps much faster than how the law rigidly looks at undue influence.

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QCD Quirks

It is probably a good time to revisit the qualified charitable distribution rules, now that there is a new ‘option’ to transfer a limited amount via a QCD to either a charitable remainder trust (CRT) or a charitable gift annuity (CGA.)

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Donor Advised Funds – Another DAF Loophole?

Distributions from a donor advised fund to a private foundation can change its nature to a public charity, thus circumventing the rigorous restrictions imposed on private foundations.

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Plan to IRA Rollover? – Maybe Not

Sometimes an IRA rollover may not be the best decision for a retiring qualified plan participant.

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Update on 2024 ‘Catch-Up’ Contributions

The ability to make catch-up contributions to retirement accounts in 2024 is in jeopardy, and at present, no one appears to want to make it a priority to fix this problem.

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Interest-Free Loans to Trust Beneficiaries – Really?

Intra-family loans that use the AFR rate of interest is a great way to shift wealth gift tax-free. Intra-family loans can also be made interest-free, but then that causes a taxable gift to be made.

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Donor Advised Funds

Charitable giving through donor advised funds (DAFs) is on the rise.

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‘Too Successful’ Health Savings Accounts

Dying with a large balance in a heath savings account can create a heavy income tax burden if the beneficiary of that inherited health savings account is not the deceased account owner’s spouse.

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