Foreign Trust Registration?

We live in a world where transparency is expected as a normal course of dealing. However, sometimes the source that requires such transparency has a highly limited basis for making its demand. Such might be the case where a foreign country demands registration and/or disclosures about a Trust when the only connection between that foreign country and the Trust is the residence of a single trust beneficiary. This places a unique stress on the trustee of that Trust.

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Quiet Trusts Come to Michigan

Hold onto your seats! Move over Delaware! Michigan is about ready to adopt a new quiet trust statute as part of the amended Michigan Trust Code. This might easily lead to a ‘blind leading the blind’ situation if a clients says he/she wants to create a quiet Trust.

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New Michigan Durable Power of Attorney Act

Today Michigan adopted the latest version of the Uniform Power of Attorney Act. The Uniform Power of Attorney Act was developed to standardize states’ laws that deal with powers of attorney.

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More on the DOL ‘Best Interests’ Rule

Is a one-time recommendation to make an IRA rollover covered by the SEC and DOL’s best interest fiduciary rule? We will soon learn the answer to this question.

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The ‘Still Working’ RMD Exception Refresher

Some folks who continue to work beyond their required beginning date (RBD-age 73) may not have to take any required minimum distribution (RMD) until they actually retire. However, that ability to delay taking RMDs is subject to a few rules that need to be met.

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Rollover Failure

While an IRA can invest in illiquid investments, those investments can easily lead to major problems, including a disqualification of the entire IRA.

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NIL Consortiums and Charitable Deductions

Money may be destroying ‘big time’ college athletics, with that money coming in the form of tax deductible charitable contributions taken by donors.

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IRA Rollovers and the Best Interest Rule

The Department of Labor (DOL) recently proposed a revision to its best interests fiduciary rule. The proposal would amend the DOL’s existing five-part test with respect to IRA rollover recommendations.

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S Corporation Trap – The Second Class of Stock

An S election by a corporation can be inadvertently terminated if there is a deemed second class of stock.

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Trustee’s Duty to Delegate

A trustee’s ability to delegate the responsibility for trust investments is authorized under the Uniform Prudent Investor Act exists, but some comment actions taken by the trustee with respect to the trust’s portfolio do not constitute delegation as contemplated by the Act.

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