Search Results

Don’t miss this perennial Family Office Forum classic. It doesn’t take a crystal ball to know 2020 will usher in tax and estate planning change. The pandemic has disrupted the economy and interest rates, offering new opportunities for wealth transfer planning. Learn what you can do now and should do by the end of the year.Mark Harder, Partner, Warn...

Over the past 15 years, the IRS has attempted to ramp up its scrutiny of wealthy individuals. With billions in new funding promised under the Inflation Reduction Act, the IRS has announced additional tax enforcement efforts focused on the wealthiest filers, including high-income individuals, partnerships, and large corporations. Attorney Erin Lasen...

The White House released a retooled framework for the Build Back Better Act on October 28, 2021. Notable aspects of the Biden framework that will affect estate planning include estate and gift tax exemptions, grantor trusts, valuation rules, and the new surtax on high earners and non-grantor trusts—which could bring the total surtax to 8%). I...

Trusts are valuable tools frequently used to transfer wealth within families, preserve and protect wealth, and reduce taxes. Understanding trusts and the role of the trustee is important for the people establishing trusts and the beneficiaries of those trusts. Building on this foundation, answers are provided to some questions about trusts and trus...

For a business owner considering the sale of their business, there are two competing goals: maximizing the proceeds from the sale and minimizing the transfer taxes that will be due on the owner’s enhanced estate. With additional insights, Warner Partner Beth O’Laughlin discusses possible ways to accomplish both of these goals through gi...

Once you have decided to pass the family vacation property to the next generation, and you have chosen the ownership form you want to use, the last step in preparing for the transfer is to create an agreement that spells out the use and maintenance of the property and governs a family member’s exit from ownership (if that becomes necessary). Learn ...

Once a family has made a decision to pass the ownership of family cottage or vacation property to the next generation, you will need to give thought to how that ownership will be held. There are basically three options for the form of ownership and use of a cottage by multiple households of a family: co-tenancy, a trust, or a limited liability comp...

When families gather at their cottages or vacation properties, the senior generation might think how nice it would be for these multi-generational gatherings to continue after they pass. But before designing an estate plan to address the future generations’ continued use and enjoyment of this property, there are two important questio...

The New Inflation Reduction Act (the "IRA") was passed with a simple majority vote in the U.S. The IRA would raise approximately $450 billion to pay for deficit reduction, clean energy, and climate investments. Many of the original provisions that would have had significant impact for high net worth individuals have been stripped, includi...

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...

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...

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.

Serving as a trustee for your family can be a valuable experience for you, while also providing an important service to your family. But before you accept the position, make sure that you understand the role you will play for the family and are willing to accept the responsibilities and liability that come with it.

While charitable giving peaks in December, it is good planning to go past the last month of the year to help make a greater impact for your communities. Depending on your tax needs and philanthropic goals, consider making a gift of appreciated assets, creating a charitable lead trust, and using other options that go beyond making a g...

The possibility of dramatic tax changes on lifetime gifts and after an individual’s death has increased with introduction of the For the 99.5 Percent Act and the Sensible Taxation and Equity Promotion Act in the U.S. While it remains early in the legislative process, the chances of significant changes are growing and the window for action is ...