• Powers of Appointments Held by Beneficiaries

    The individual who holds a power of appointment over trust assets is generally not considered to be bound by any fiduciary duty. However, that principle may be changing.

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  • A New ‘Take’ on Donor Advised Funds

    Donor advised funds have gained the attention not only of Congress but also from the for-profit sector, which means they are being used in many new, creative, ways, e.g., as an employee benefit.

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  • Uncashed IRA Distribution Checks

    Uncashed IRA distribution checks can present problems, especially when the IRA owner also has required minimum distribution obligations at the time the check is issued.

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  • The ‘Dead Hand’ and Spendthrift Clauses

    The presence of a spendthrift clause in a Trust instrument may prevent the future modification or termination of that Trust.

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  • Prohibited Investments – Collectibles Held in IRAs

    An IRA cannot invest in collectibles. The IRS has recently expanded the concept of what constitutes a collectible as a prohibited IRA investment.

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  • Athletes and Taxes

    Let’s be honest. There is no way to separate sports from money… or taxes.

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  • IRS Warns of Tax Traps

    High net worth individuals with whom we work are often the targets of tax scams.

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  • RMD Penalty Waived – Again

    In IRS Notice 2024-19 the Service once again has waived the penalty for the failure to take a required minimum distribution (RMD) from an inherited IRA when the IRA owner was over his/her required beginning date (RBD) at the time of death.

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  • ILIT Reviews

    Reviewing a life insurance policy held in an irrevocable life insurance trust (ILIT) is a complex, and often thankless, task for the trustee of that Trust.

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  • The “Mailbox Rule” and Delivery to the IRS

    Communicating with the IRS is never fun. Relying on the mail to effect those communications comes with other risks, including the IRS’s position that it never received the communication.

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