While a single year may seem like a blink of an eye in the course of a human life, much can change over 12 months. With so many aspects of life constantly shifting, an estate plan created 10, five or even a mere two years ago cannot automatically be assumed to be appropriate for clients’ current situations. It is therefore important to review the estate plan annually to ensure that the right people and processes are in place.
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This article addresses the complex U.S. tax rules governing cross-border grant-making by private foundations.
In today's world, domestic asset protection trusts can be a useful planning tool. However, under certain circumstances can be subject to intense scrutiny. Holland+Knight defines and outlines the case for domestic asset protection trusts.
This article highlights the fact that most wealthy U.S. families customarily choose individuals rather than trust companies to serve as trustee, even for complex trusts holding very substantial assets and even though a family who can afford it now has the option of creating its own trust. The article also argues that reliance on individual trustees carries the risk that it depends on an unbroken line of succession from one 'wise' (competent, diligent) trustee to the next, with little or no transition time or cushion to adjust for unexpected events.
A discussion of pre-nuptial, post-nuptial or cohabitation agreements.
With an array of charitable giving options, it's important to understand how each gift could affect your annual deductions. Here's a quick guide to tax deductions, out-of-pocket deductions, and required substantiation. For the individuals and families looking to go beyond the standard donation, there are a few alternate options with their own tax considerations.
Unlike trustees, who have very specific fiduciary duties spelled out for them in our trust laws, beneficiaries don’t have much guidance to help them in the role of beneficiary. Our answers to these frequently asked questions should help provide guidance on how to be a good beneficiary and your rights as a beneficiary under Michigan law.
When it comes to selecting trustees, families often choose family members to serve in this role. However, if you agree to serve as a trustee, you become a “fiduciary” who must understand all of your fiduciary duties and perform them all. This is vital because even if you do not understand your duties, you can still be held liable for violating them.
To effectively serve as a trustee, it's crucial to understand your fiduciary duties. Even trustees with the best of intentions can create liability for themselves by being unprepared for the job or by not fully understanding their obligations. Learn more about some of the common mistakes family trustees make that can lead to lawsuits and other costly consequences.
Establishing residency in a state with lower tax rates can result in significant tax savings for some individuals and trusts. But changing residency is not as straightforward as it might seem. Additionally, states have become aggressive in challenging residency changes to avoid losing out on tax revenue. This paper reviews the residency rules for individuals, identifies steps to establish new residency, and addresses residency audits. It also provides an overview of the residency rules for trusts.