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Home Archives for Elizabeth D. Mitchell

Elizabeth D. Mitchell

Elizabeth D. Mitchell September 1, 2022

The Intersection of Asset Protection Planning and Estate Planning – Part I

As part of the Estate Planning process, an attorney explores numerous topics with the client to help create a unique plan tailored to the client’s circumstances. Many estate plans use a trust as the … [Read more...] about The Intersection of Asset Protection Planning and Estate Planning – Part I

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell August 31, 2022

What the Proposed Treasury Regulations Mean for Deductions Under Internal Revenue Code Section 2053

To determine a decedent’s taxable estate, the Internal Revenue Code allows the decedent’s estate to utilize several deductions in various Code Sections, including Section 2053. The Treasury … [Read more...] about What the Proposed Treasury Regulations Mean for Deductions Under Internal Revenue Code Section 2053

Filed Under: Estate Planning, legal education, taxation

Elizabeth D. Mitchell August 25, 2022

Pondering Portability

The Internal Revenue Code grants spouses several tax benefits both during life and at death. Portability represents one of those benefits. Portability allows the surviving spouse to use the unused … [Read more...] about Pondering Portability

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell August 18, 2022

Death and Your Digital Footprint

As more and more individuals get comfortable in the digital world, Estate Planning has evolved to address the collection and transfer of digital assets. The widespread use of a legacy contact and … [Read more...] about Death and Your Digital Footprint

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell August 11, 2022

Understanding Undue Influence – Part II

Whenever a client’s Estate Plan deviates from the expected disposition, it raises questions for the slighted beneficiaries. These questions usually revolve around methods to have the plan overturned. … [Read more...] about Understanding Undue Influence – Part II

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell August 4, 2022

Understanding Undue Influence – Part I

Whenever a client’s Estate Plan deviates from the expected disposition, it raises questions. Most of the time, clients have consulted with a competent attorney regarding their reasons for structuring … [Read more...] about Understanding Undue Influence – Part I

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell July 28, 2022

How Do I Trust Thee…Part III

If a client’s Estate Plan involves a revocable trust, then the client needs to decide who will serve as trustee after the client dies. Sometimes, clients have several undesirable options if they want … [Read more...] about How Do I Trust Thee…Part III

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell July 21, 2022

How Do I Trust Thee…Part II

When clients undertake Estate Planning, they face the difficult decision of naming one or more individuals to serve in various fiduciary positions. If a client sets up an irrevocable trust during … [Read more...] about How Do I Trust Thee…Part II

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell July 14, 2022

How Do I Trust Thee…Part I

When clients undertake Estate Planning, they face the difficult decision of naming a trustee after their death. While Estate Planning documents are effective once signed, they often contain provisions … [Read more...] about How Do I Trust Thee…Part I

Filed Under: Estate Planning, legal education

Elizabeth D. Mitchell July 7, 2022

How Do I Title Thee…Part II

We often recommend a trust as part of a comprehensive Estate Plan. This article is the second in a two-part series that examines the effect that title has on an Estate Plan. The first step is … [Read more...] about How Do I Title Thee…Part II

Filed Under: Estate Planning, legal education

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News

IRS Confirms Grantor Trust Status Alone Does Not Cause a Step-Up in Basis

The IRS released Revenue Ruling 2023-2 explaining that assets in a trust which is not included in the estate of the decedent don’t receive a “step-up” … [Read More...] about IRS Confirms Grantor Trust Status Alone Does Not Cause a Step-Up in Basis

Understanding the Importance of the Simultaneous Death Act

Most spouses create Estate Plans that are intertwined. The plans work well on numerous levels allowing the spouses to benefit the surviving spouse and … [Read More...] about Understanding the Importance of the Simultaneous Death Act

The SECURE Act – the Gift That Keeps On Giving

The SECURE Act of 2019 altered the landscape for IRAs significantly when signed into law. Just when advisors gained a level of comfort with the SECURE … [Read More...] about The SECURE Act – the Gift That Keeps On Giving

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