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Please Click HerePosted on May 19, 2014 by Shanna N. Fink
Under existing Wisconsin law, the trustee of an irrevocable trust that owns life insurance contracts is required to monitor the contracts to determine whether they are suitable investments for the trust and, if necessary, to take steps to prevent the lapse of the insurance coverage. These requirements apply whether or not the trustee was involved […]
Posted on May 1, 2014 by Shanna N. Fink
Have you ever seen fill-in-the-blank wills online or in a bookstore? They are inexpensive and can be completed relatively quickly. Unfortunately, those forms are not personalized to meet your estate planning needs and they may lack provisions that are essential to disposing of your assets upon your death in accordance with your wishes. The Florida […]
Posted on December 16, 2013 by Ruder Ware Alumni
Wisconsin has never been considered a leading jurisdiction for the creation and administration of trusts. Thanks to years of volunteer work by some dedicated Wisconsin attorneys, that perception will change significantly on July 1, 2014, when the new Wisconsin Trust Code will go into effect and replace the current Chapter 701 of the Wisconsin statutes. […]
Posted on January 21, 2013 by Amy E. Ebeling and Mark J. Bradley
After a flurry of last-minute negotiations to avoid the so-called “fiscal cliff,” Congress passed, and President Obama signed, the American Taxpayer Relief Act of 2012. Among other things, it makes permanent the $5 million amount that may be transferred tax-free through a combination of lifetime gifts and transfers at death. For both gift and estate […]
Posted on January 2, 2013 by Shanna N. Fink
Congress passed the American Taxpayer Relief Act of 2012 overnight. President Obama has not yet signed the bill into law, but he is expected to sign the bill as proposed. The bill proposes some increases in tax rates, but the changes are not as significant as they could have been if Congress had failed to […]
Posted on November 9, 2012 by Shanna N. Fink
On Tuesday, President Obama was elected to a second term in office. The congressional election results indicate the potential for continuing gridlock between the House of Representatives and the Senate. The election results add to the uncertainty of whether we will return to pre-Bush era tax rates if there is no political compromise before year-end. […]
Posted on November 6, 2012 by Shanna N. Fink
In July 2012, the United States Tax Court reiterated that inherited individual retirement accounts (IRAs) cannot be rolled over. Elizabeth Beech was the beneficiary of her deceased mother s traditional IRA. She received a check from the IRA, opened a new IRA, and deposited the funds from the check into the new IRA. Ms. Beech […]
Posted on December 27, 2011 by Ruder Ware Alumni
The Social Security Administration (“SSA”) recently released key figures for 2012 that will affect all elderly and disabled individuals who receive program benefits, including social security benefits, supplemental security income benefits, and Medicare benefits. This notice summarizes these changes and their impact on various benefits. Social Security Retirement For the first time in two years, […]
Posted on October 19, 2011 by Ruder Ware Alumni
A Wisconsin Court of Appeals recently issued an important decision upholding a lower court ruling to deny medical assistance benefits to a nursing home resident. The denial was made because assets of a trust established by the applicant’s children for her benefit were deemed an available resource. In June 1991, Lucille Hedlund (“Lucille”) and her […]
Posted on August 30, 2011 by Mark D. Munson
In a recent decision, the United States Bankruptcy Court for the Western District of Wisconsin ruled that inherited IRAs are not protected from a beneficiary’s creditors. Bankruptcy courts in different parts of the country have come to the same conclusion, while others have come to a different conclusion. These cases may stand as they are […]