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Donor Advised Funds Scrutinized by the Treasury Department

February 21, 2012

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From BryanCaveCharityLaw.com

At the request of Congress, the Department of Treasury recently issued a report on donor advised funds. Among other things, Congress had asked the Department of Treasury whether donations to a donor advised fund should be tax-deductible, whether such donations should be treated as donations to a public charity, and whether donor-advised funds should have a minimum distribution requirement. The Department of Treasury answered “yes” to the first two questions and “no” to the third, maintaining the status quo.

The full report can be read here: http://www.treasury.gov/resource-center/tax-policy/documents/supporting-organizations-and-donor-advised-funds-12-5-11.pdf.

IRS Extends Portability Election Deadline For Qualifying Estates

February 20, 2012

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The Internal Revenue Service announced that it was extending the portability election deadline for certain estates of married individuals. For qualifying estates, the deadline for making the election is now automatically extended until 15 months from the decedent’s date of death. Typically, the portability election must be made no later than nine months after a date of death unless the executor files a timely Form 4768 requesting an automatic six-month extension. Notice 2012-21 extends the election deadline only for the estates of married individuals who died after December 31, 2010, and before July 1, 2011, with a gross estate that does not exceed $5,000,000. Qualifying estates must make the portability election by filing the Form 706 and Form 4768 no later than 15 months after the decedent’s date of death. The Form 4768 must include a notation that notifies the Service that the Form 4768 is being filed pursuant to

IRS on your iPhone or Android device

February 17, 2012

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IRS on your iPhone or Android device

February 17, 2012

Authored by: Brent Howard

Last week the IRS announced the availability of IRS2Go 2.0, an expanded version of its smartphone app designed to provide taxpayers easier access to practical tools and information. It works on the iPhone and Android devices, and has a new YouTube feature, news feed and tax transcript service in addition to existing tools, such as checking on the status of a tax refund.

To learn more, click here (IR-2012-16, last updated Feb. 8, 2012)

Do You Really Want Your Trust Instrument To Prohibit Judicial Modification?

February 15, 2012

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From BryanCaveFiduciaryLitigation.com

This week, let’s take a look at another case from Florida.  You see a lot of trust instruments that ‘require’ a “corporate co-trustee.”  There are a lot of good reasons why the grantor may have wanted a corporate co-trustee to serve with a family member, friend, or other co-trustee.

Then again, as time goes by, a corporate co-trustee may no longer make a lot of sense.  It could be that the trust has been substantially administered or that the corpus is so small that a corporate trustee’s fee schedule just doesn’t work.  That’s when the beneficiaries and trustees usually get together and go to court to have the trust modified to permit the corporate trustee’s resignation and have the trust modified either to allow a single trustee or to allow an individual to serve as co-trustee.  These things are often done by consent

I am the parent of a child with special needs…

Question: As the parent of a child with special needs, I know I need to have a Will, and probably a special needs trust, but do I really need to have a durable power of attorney for financial affairs?

Yes. Your Will is only effective if you die, whereas a power of attorney is effective while you are alive. If you became incapacitated due to an accident, disease or other cause, no one can handle your financial affairs. At that point, someone would have to hire an attorney and go to court to seek guardianship of your assets, so they have the authority to act for you and continue to pay your and your family’s bills.

However, appointing an agent in a financial power of attorney avoids this costly court guardianship proceeding. Your agent can continue to manage your assets and use your funds to meet the financial needs

The Silver Lining – Transferring Assets in a Down Economy

The current economy has created a great opportunity for individuals to transfer assets, and future appreciation of such assets, with little to no transfer tax. This opportunity is created by the depressed asset values and historic low applicable federal interest rates (“AFRs”), which are the minimum interest rates, set monthly, permitted by the IRS. (The current AFR for a loan with a term under three years is 0.19%, three to nine years is 1.17% and over nine years is 2.63%.)

The federal gift tax is imposed on all lifetime gifts that exceed the annual exclusion from gift tax (currently $13,000 per person), and the federal estate tax is imposed on the value of all assets and property that an individual owns at the time of death. Each individual, however, has an exemption of $5,120,000 against the gift and estate tax.

A gift during life of an appreciating asset can reap

Florida’s New Power of Attorney Act

Florida’s new Power of Attorney Act contained in the Florida Statute, Chapter 709, went into effect October 1, 2011. The new statute will affect how attorneys draft, utilize, and enforce powers of attorney (“POA”). Some of the more significant provisions of this new legislation are discussed below.

What is a POA? A Power of Attorney is a writing in which an individual (the “principal”) grants authority to another individual (the “agent”) to act in place of the principal; each act performed by the agent pursuant to the Power of Attorney has the same effect and benefit to the principal and the principal’s successors in interest as if the principal had performed the act himself.

Why have a POA?

Having an executed Power of Attorney is important in situations where an accident or illness renders an individual incapable of making decisions for themselves. By having an attorney prepare a Power of

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