Biometrics and Estate Administration

Biometric information is now used in many different ways these days. How it is used, and protected, is something we need to be concerned about, both while the individual is alive, and when and how it can be used after the individual’s death.

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Charitable Gift Annuities

The SECURE Act 2.0 permits $50,000 of a qualified charitable distribution (QCD) from an IRA to be used to fund a charitable gift annuity (CGA) while satisfying some (or all ) of the IRA owner’s required minimum distribution (RMD) obligation for the year. Recently an increase in the recommended CGA maximum rates may make this new opportunity to be even more attractive for donors.

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Pros and Cons of Transfer-on-Death Arrangements

Transfers-on-death designations are useful in some situations, but they are not appropriate in every case.

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Grantor Trusts and Gift Tax Implications

The IRS recently concluded that modifying a grantor Trust to add an income tax reimbursement provision that benefits the trust settlor results in a taxable gift by the trust beneficiaries.

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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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