529s to Roth IRA – A Couple of Unanswered Questions

Converting an excess (or unused) IRC 529 account balance to a Roth IRA appears to be a nice, new, opportunity for the owner-beneficiaries of 529 accounts.

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Charitable Deduction: T Contemporaneous Written Acknowledgement (Again!)

The Tax Court strikes again to deny a charitable income tax deduction because the donor failed to provide a contemporaneous written acknowledgement that no goods or services were provided by the charity to the donor.

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A Wealth Tax? Could Be

In light of the ambiguity of how income is defined by federal courts when it comes to the right to tax income under the 16th Amendment, an expansive interpretation of income might actually be viewed as a taxation of accumulated wealth.

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Trust Amendments – Better Read the Trust Instrument First

It is important to follow the terms and specified procedures of a trust instrument if the trust is to be amended by its settlor.

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Arbitration in Wills and Trusts

There is currently a reluctant trend among the states if a state’s general arbitration statute can be applied to probate litigation disputes with regard to Wills and Trusts.

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SECURE Act 2.0 – Applicable Multi-Beneficiary Trust Change

The SECURE Act 2.0 provides some practical relief to special needs trusts, specifically an applicable multi-beneficiary trust, or AMBT

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Estate Planning for the Wealthy – 501(c)(4)

For the uber-wealthy, there is a new estate planning vehicle for them to consider- the creation of a social welfare organization under IRC 501(c)(4).

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Trust Director or Trust Detractor?

Trust Director provisions should be used judiciously and sparingly because of their potential grave consequences to the trust settlor’s plan.

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Trustees and the Business Judgment Rule

A trustee’s decisions with regard to the administration of a trust can be protected from second-guessing by trust beneficiaries if the trustee complies with the business judgment rule.

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The Uniform Power of Attorney Act- Coming to Michigan?

There is a fairly good change that Michigan will soon adopt new power of attorney laws that are intended to better protect older principals from financial abuse and curb the knee-jerk requirement of many banks or other financial institutions that demand fresh powers of attorney signed by the principal, often on the financial institution’s form.

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