Take-Away: A lump sum distribution from a qualified plan, e.g. a 401(k) account, can override ERISA’s spousal consent rules.

There is a new election buried in the SECURE Act 2.0 that may impact spousal beneficiary designations or trusts where a surviving spouse is the sole beneficiary. This election can either produce more benefit for the surviving spouse, or it can lead to a costly mistake.

A trust reformation, not a trust modification, is required if the goal is to achieve a tax benefit under the trust, as a trust reformation is retroactive to the date the trust was created. Not so with a trust modification.

Take-Away: Medicaid self-settled qualifying trusts often lead to common law asset protection principles. While lawyers and courts are familiar with those principles, and the limits on those principles, e.g. the property rights associated with the donee of a limited power of appointment, Medicaid administrators have little or no familiarity, thus leading to some strange reasons for the denial of Medicaid benefits.

The SECURE Act 2.0 permits employers, particularly those employers who hire college graduates, to match student loan repayments made by plan participants, thus making the employer’s qualified plan more attractive and beneficial to its employees.

Take-Away: One way to avoid an early distribution 10% excise tax on a distribution from an IRA or qualified plan account is to abide by the substantially equal periodic payment exception under the Tax Code. The problem with following that exception is the longer of five years or age 59 ½ requirement.

Take-Away: While the Michigan Trust Code contains several provisions with regard to the modification or termination of a trust, the purpose of the trust, and the settlor’s intent in creating the trust, will limit the probate court’s authority to modify or terminate the irrevocable trust.

The SECURE Act 2.0 created two new exceptions to the early distribution excise tax for domestic abuse and financial emergencies. While ‘better than nothing’ neither provides much in the way of financial relief.

The SECURE Act 2.0 permits the use of some retirement plan assets to pay for long term care premiums.