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September 2014 Archives

Grandma Passed The Test!

One of the most fruitful and confused areas of estate and trust litigation involves the mental capacity of the grantor of a trust. Not too long ago, the Michigan legislature made it clear that the mental capacity necessary to create a trust is the same as the mental capacity necessary to make a will. But a significant problem remains. How do you know?

Don't Forget the IRS In Simple Estates

Don't forget the IRS. It sounds like a silly platitude. The IRS always gets theirs, doesn't it? But in a decedent's estate it is essential that someone (a personal representative) file a final tax return for the decedent. Again, this seems simple, but not always. Let's say Grandpa Bill, who was working up until his death, died March 15, 2014. Let's say all of his financial assets were jointly owned with daughter. Since Grandpa died before April 15 he hadn't yet filed his 2013 return AND he had income in 2014 for which another return has to be filed.

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