Take-Away: A trust can be decanted pursuant to Michigan’s two decanting statutes. However a trust instrument can have its own built-in decanting provision. Background: As we have covered in the past, in 2012 Michigan adopted two separate trust decanting statutes that give to the trustee the authority to decant trust assets to a new trust. […]

Take-Away: While the concept of spouses making split-gifts sounds simple, there are many conditions that must be satisfied, along with several ‘traps’ when a lifetime gift is split. Gift splitting can also provide a couple of planning opportunities when it comes to avoiding the generation skipping transfer (GST) tax. Background: With so much attention currently […]

Take-Away: There is currently a Bill in Congress that would liberalize some of the changes to retirement plan distributions that started with 2019 SECURE Act. The Bill came out of the House Ways and Means Committee in May with allegedly bipartisan support. Background: There is a Bill pending in Congress called the Securing a Strong […]

Take-Away: Using the federal unified credit to pay the federal gift tax due on a transfer is not the same thing as paying the gift tax, according to a recent Michigan Court of Appeals decision. Background: Probate courts are often asked to interpret or construe the terms of a trust instrument. However, asking a court […]

Take-Away: Senator Bernie Sanders (Vermont), along with Senator Whitehouse (Rhode Island) filed a Bill on March 25 that would dramatically overhaul the nation’s tax laws and close what many describe as estate planning ‘loopholes.’ Background: Last year while on the campaign trail, Senator Sanders introduced a Bill called “For the 99 Percent Act.” This year’s […]

Take-Away: In something of a surprise, the IRS has never provided any direct advice on the tax consequences resulting from the division of a Roth IRA in a divorce. The best analogy for guidance is when a spouse inherits a deceased spouse’s Roth IRA. Background: There is a distinct lack of guidance with regard to […]

Take-Away: Last week Bernie’s Sander’s (Vermont) proposed a Bill, “For the 99.5 Percent Act.” This week (March 29) we have Senator Chris Van Hollen’s (Maryland) proposed Bill “Sensible Taxation and Equity Promotion Act of 2021.” Senator Van Hollen’s Bill would have an effective date of January 1, 2021. Summary: Senator Van Hollen’s Bill would make […]

Take-Away: It pays to use definitions in Wills and Trusts, especially when using words like spouse. Background: Some Wills and most Trusts are too long in the eyes of the testator or settlor. When the instrument of transfer contains several paragraphs of definitions, that only adds to the document’s length, and the frustration of the […]

Take Away: Even when a trust is irrevocable, for federal gift tax purposes it is possible that the transfers by the settlor to that irrevocable trust will be treated as incomplete, thus causing the value of the trust’s assets to be taxed in the settlor’s estate at death. Incomplete gifts have gained a lot of […]

Take-Away: The 2017 Tax Act dramatically change the tax implications of a divorce settlement. Adjusting to those new tax rules has become a challenge in structuring spousal trusts, since some of the existing rules went unchanged, like the spousal unity rule. Background: The 2017 Tax Act (the Act) made fundamental changes to the income tax […]