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.
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...
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...
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...
One of the most important, yet most forgotten, parts of estate planning is keeping track of who will benefit from those assets, including life insurance, which are not governed by your will. Providing for your family includes knowing which types of assets are not governed by your will; ensuring your assets are going to where you want them to go; an...
Nothing says, “I'm not sure our marriage will last,” like asking your new fiancé for a prenuptial agreement. This situation can be made even more touchy if the parents of the bride or groom are the ones insisting on the agreement. However, if approached positively and created thoughtfully, a prenuptial agreement can have benefits for both partners ...
Many successful families have put their shared values and goals in writing, often called a family constitution. A constitution can help build family unity and harmony, and the creation process itself provides benefits to the family. Learn the value that families can derive from creating a constitution, the work involved in creating one, and the top...
Currently, family offices are typically exempted from the requirement to register with the SEC as investment advisers. But this may change after the United States House of Representatives Committee on Financial Services gave support to the HR 4620 bill that may be a harbinger of efforts to impose additional oversight of family offices in the f...
Most business owners know that proper succession planning can help keep their business running strong into the next generation. They understand the importance of creating a plan to prepare heirs and key employees to run the business when it is time. In taking a different approach and applying the lessons learned, a list of seven “worst p...
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...
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 Corporate Transparency Act (CTA), a federal law effective in January, will require new reporting tasks for many family offices and other entities, including limited liability companies (LLCs), limited partnerships (LPs) and S and C corporations. In this update, a useful checklist and answers to the frequently asked questions about the CTA ...
There are a lot of upsides to using Artificial Intelligence (AI) technology, but there are also a lot of risks. In this edition of Warner’s Emerging Media and Technologies Industry Update, Brian Wassom offers tips and guidance on what businesses can do to protect themselves against AI pitfalls that could put them in the legal hot seat. Watch the vi...