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.

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

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.

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

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).

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

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.

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.

As individuals migrate to different states, or individuals own property in other states e.g. a Florida condominium, or where spouses actually live in different states due to their employment commitments, it is important to be aware of, and consider how, the elective share laws of multiple states impact an estate plan.

There are only a couple of limited situations where an individual age 72 or older has earned income who should consider a contribution to a traditional IRA.