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 [...]
Beginning on July 1, 2017, a new Uniform Power of Attorney Act (the “UPOAA”) will apply to most written, general financial Powers of Attorney (“POAs”) created by individuals in Georgia. This Newsletter is Part 2 of our 3-part series on the UPOAA.1 Part 1 covered the most important aspects of the UPOAA other than the [...]
Beginning on July 1, 2017, a new Uniform Power of Attorney Act (the “UPOAA”) will apply to most written, general, financial Powers of Attorney (“POAs”) created by individuals in Georgia. This Newsletter is Part 1 of our 3-part series on the UPOAA. Part 1 covers all aspects of the UPOAA other than the power provisions, [...]
As I type, I am sitting in the New Orleans airport waiting for my flight home. I have just attended the 11th Annual Conference of the Academy of Special Needs Planners, and my brain is spinning with new information and new ideas as to how I can apply those ideas to my clients. I feel charged with energy, enthusiasm and renewed purpose and vision.
In the legal profession, precedent is a key pillar of litigation. Cases are almost always stronger when an attorney can establish precedent—a prior court decision or other proceeding that serves as authoritative support for a particular argument. Precedent comes in many forms, but
Big Changes Are Coming To The GA Trust Code, But Likely Not Until July 2018! (Originally Published March 2017 & Updated May 2017)
By Richard Morgan Many state legislatures over the last decade or so have been on a mission to modify state laws to become more friendly as to estate and trust laws. These changes have included, among others, the extension of the rule against perpetuities safe harbor from 90 years to either 360 years or longer, [...]
The IRS recently published IRS Information Letter 2016-0071. This Information Letter discusses rules that apply to anyone who has inherited an IRA account or other tax-deferred retirement savings account (which we will collectively refer to as “IRA accounts” for convenience in this post), and who is not the surviving spouse of the original IRA account [...]
On September 14, 2016, Richard Morgan was part of a panel discussion at the monthly meeting of the Estate Planning & Probate Section of the Atlanta Bar Association. The general topic of the discussion was Revocable Living Trusts (RLTs) versus Wills. The panelists tried to help attendees consider the actual advantages and disadvantages of using [...]