Krueger, Hernandez, & Thompson SC

The SECURE Act of 2019 altered the landscape for IRAs significantly when signed into law. Just when advisors gained a level of comfort with the SECURE Act, the United States Treasury Department issued Regulations in early 2022 requiring RMDs under the 10-year Rule in years 1-9. After realizing that many individuals were unaware of that requirement, the Internal Revenue Service responded by issuing Notice 2022-53 suspending the requirement to take RMDS in 2021 and 2022. SECURE 2.0 came at the end of 2022 ushering in some welcome changes but adding unnecessary complexity to our retirement world by increasing the age at which certain individuals needed to begin taking RMDs. Individuals born in 1951 found themselves in the unusual situation of having taken what they thought were RMDs in 2023 required under SECURE before realizing that SECURE 2.0 delayed their RBD. For some, that meant a distribution from the IRA that was not an RMD, but for which the usual 60—day roll over deadline had alr...

Most spouses create Estate Plans that are intertwined. The plans work well on numerous levels allowing the spouses to benefit the surviving spouse and then distributing their joint assets to their children upon the death of the survivor. Even in a second marriage situation, it’s possible for the first spouse to die to create a trust benefitting the surviving spouse for life, but then going to children from a prior relationship upon the surviving spouse’s death. What happens when two spouses die at the same time or so close in time that it’s impossible to determine who died first? Most documents contain what’s called a “simultaneous death” clause that indicates that one spouse will be deemed to have survived the other to address just that issue. Thankfully, even if the documents lack that provision, or contain conflicting provisions, nearly every state has enacted the Uniform Simultaneous Death Act which also addresses the issue. http://dlvr.it/TKn61p

Grantor trusts are a particularly powerful tool in estate planning. They allow the taxpayer to remove assets from their taxable estate, while those assets can grow tax-free because the grantor is paying the income tax for the trust. http://dlvr.it/TKZp1D

More and more families own property, assets, and businesses together.  Using an entity to govern operations provides stability by allowing continued operation upon the death of an owner.  When the governing agreement and estate planning documents of a deceased owner conflict, unintended, potentially litigious, results occur.  http://dlvr.it/TKCxC4

For many years Estate Planning attorneys touted irrevocable trusts as an immutable way to set an estate plan in stone. As more and more states have adopted the Uniform Trust Code that has changed. Provisions of the Uniform Trust Code allow for modification of an otherwise irrevocable trust which has altered the landscape of Estate Planning. Irrevocable Trusts have long been an effective, albeit static, estate planning tool, with the ability to alter irrevocable trusts, they provide more flexibility and opportunity than ever. Read on to learn more. http://dlvr.it/TK27v1

For many years Estate Planning attorneys touted irrevocable trusts as an immutable way to set an estate plan in stone. As more and more states have adopted the Uniform Trust Code that has changed. Provisions of the Uniform Trust Code allow for modification of an otherwise irrevocable trust which has altered the landscape of Estate Planning. Irrevocable Trusts have long been an effective, albeit static, estate planning tool, with the ability to alter irrevocable trusts, they provide more flexibility and opportunity than ever. Read on to learn more. http://dlvr.it/TJwhSl