Health Savings Plans – Yet Another Wealth Shifting Benefit

Non-dependent children up to age 26 can contribute to a health savings plan if they are covered under their parents’ high deductible health insurance plan.

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Trust Directors – Naked-Nonfiduciary Powers of Appointment

As we learn more about trust directors and their promised utility, it is important to remember that a trust director in Michigan serves as a fiduciary, along with all of the duties that are normally associated with a fiduciary’s role. Other states leave it up to the trust’s settlor to decide if a trust director is to act as a fiduciary.

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Health and Education Trusts

Health and Education Exclusion Trusts (HEETs) are an effective way to pay for tuition and medical expenses while avoiding the generation skipping transfer tax (GSTT.)

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Breach of Fiduciary Duty Claims and the 1 Year Statute of Limitations

The one-year statute of limitations with regard to claims against a trustee will still apply, even if the trustee’s periodic reports and accountings fail to include the written alert that the trust beneficiaries have one year in which to bring their claims against the trustee.

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Prenuptial Agreements and Estate Planning

Individuals who expect to receive large lifetime gifts, or inheritance, often enter into a prenuptial agreement in order to protect their separate property.

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Gift Tax Implications in a Divorce

Gift taxes can be a surprise to some individuals who have just completed their divorce. While most transfers of assets incident to a divorce do not cause a federal gift tax, there are some circumstances when a surprise taxable gift can occur.

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QTIP Trust Planning Before 2026

As we inch towards 2026 and a return to planning for (or around) federal estate taxes, some surviving spouses should take a look at their existing QTIP trusts which may cause their estates to pay federal estate taxes on their deaths.

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Michigan Asset Protection Trusts – Think “Outside the Box”

Other uses for a Michigan Qualified Dispositions in Trust exist, more than just protecting assets from future creditor claims.

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Social Security Old Age & Survivors Insurance benefits are now projected to be cut to 77% starting in 2033.

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International Law – Trust ‘Substitutes’

Foreign trusts frequently have annual FinCEN reporting requirements, which carry stiff penalties for their failure to report. The challenge is to determine when a trust actually exists under the laws of foreign nations, and in particular, civil law jurisdictions.

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