Grantor Trust – A Separate Legal Entity?

There does not seem to be a consensus if a grantor Trust is to be treated as a separate legal entity or not. The Courts apparently are not really sure. This decision can have tax implications when a grantor Trust ceases to be a grantor Trust.

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Health, Education, Maintenance and Support Exposure?

Often it is unfortunate that a Trust’s distribution provisions obfuscate if the Trust is intended to be a discretionary trust or a support trust.

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A Challenge to a Father’s Exercise of a Limited Power of Appointment

The 6-year statute of limitations applies when a claim is made that a settlor mistakenly gave to a trust beneficiary a limited power of appointment.

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When is a Trust a Grantor Trust

A Trust can be classified for many different reasons, or provisions, as a grantor Trust, which may or may not be in the settlor’s best interest.

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Inherited IRAs

In a couple of situations there is an automatic waiver when there’s a failure to take a required minimum distribution.

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Hardship Withdrawal Update

The SECURE Act 2.0 expands the availability of hardship withdrawals.

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2024 Health Saving Account Requirements

: As the cost of healthcare explodes, along with escalating health insurance premiums, it may be time to take a second-look at funding a health savings account (HSA.)

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Guidance on Pension ‘Linked’ Emergency Savings Accounts

Starting this year a qualified elective deferral retirement plan may have ‘linked’ to it an emergency savings account that has a balance up to $2,500.

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Ademption by Satisfaction and Advancements – What is a Contemporaneous Writing?

If a donor intends that a lifetime gift is to be an advancement of the donee’s future inheritance, that intent must be indicated by the donor in a contemporaneous writing.

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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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