In light of the significant changes to Georgia trust law beginning July 1, 2018, we wanted to create an easy way for our readers to learn more about this important estate planning topic. Here is a listing of the current materials on our website: Introducing the M&D Will & Trust Improvement Service! This Newsletter introduces [...]
Consider what changes are needed to achieve desired goals. This is the up-front analysis that may need some significant and deep thought. This is not considering the type of legal process, but considering the technical changes needed to achieve the desired outcome. For example, if a trust is considered to be a grantor trust for [...]
While the reasons to decant or otherwise modify an irrevocable trust are as numerous as the imagination can create, here is a listing of some of the more common reasons: Correct trust drafting errors, such as scrivener's errors or ambiguous terms. A lot of trusts were simply not drafted properly and these mistakes can be [...]
by Richard M. Morgan The GA Trust Code will be modernized and greatly improved beginning on July 1, 2018. As one of a small number of members of the GA Trust Code Update sub-committee of the GA Bar Association's Fiduciary Law Section, our very own Richard M Morgan, was intimately involved with this new legislation. [...]
by Loraine M. DiSalvo President Trump signed the 2017 Tax2 Act on December 22, 2017, bringing a huge number of changes to the federal tax laws that affect individuals and businesses. This paper is intended to look solely at some of the changes to the income tax rules that apply to individuals,
It is clear that the 2017 Tax Act1 is significant and provides numerous fundamental changes that make our already complex tax system even more complex. With this level of complexity, it is likely that it will take several years for tax professionals to fully understand its terms and the planning needed to fully benefit from [...]
Estate Planning and Related Issues for Same-Sex Couples in 2017: Obergefell v. Hodges Did Not Eliminate the Need for Extra-Careful Planning When It Created National Recognition for Same-Sex Marriages
In June 2015, the U.S. Supreme Court held, in the case of Obergefell v. Hodges, that marriage is a fundamental right that extends to same-sex couples.
On September 27, 2017, President Trump announced the release of a “Unified Framework For Fixing Our Broken Tax Code” (the “Framework”). A copy of the Framework can be found at http://src.bna.com/sS3. The Framework was produced by the influential group known as the “Big Six.”1 The stated objectives of the changes outlined in the Framework are [...]
Georgia Supreme Court Speaks: Married Persons Are Free to Transfer Assets and Proper Title is Critical to Accomplish Intended Transfers (Gibson v. Gibson)
On June 5, 2017, the Georgia Supreme Court issued its opinion in the case of Gibson v. Gibson, S17F0593 (Ga. 2017). In Gibson, the Court considered the scope of a married person’s power to freely transfer his or her own assets to a third party.
Beginning on July 1, 2017, a new Uniform Power of Attorney Act (the “UPOAA”) applies to most written, general financial Powers of Attorney (“POAs”) created by individuals in Georgia. This newsletter is Part 3 of our three-part series on the UPOAA.1 Part 1 covered the most important aspects of the UPOAA other than the power [...]