How the Final Regulations on Qualified Opportunity Funds Come Out on Trust and Estate Related Issues

By Kevin Matz On December 19, 2019, the U.S. Department of Treasury and the Internal Revenue Service (collectively, “the Treasury Department”) released long-awaited final regulations on qualified opportunity funds (“QOFs”) (the “final regulations”). The final regulations come on the heels of two tranches of proposed regulations, which generated more than 300 comment letters from organizations … Continue reading How the Final Regulations on Qualified Opportunity Funds Come Out on Trust and Estate Related Issues

Banta, Electronic Wills and Digital Assets: Reassessing Formality in the Digital Age (2019)

Natalie Banta has made available for download her article, Electronic Wills and Digital Assets: Reassessing Formality in the Digital Age, 71 Baylor Law Review 3 (2019). The Abstract is as follows: The law of Wills, dating back to 1540, is one of the last holdouts against the digital revolution. In 2019, a will in most … Continue reading Banta, Electronic Wills and Digital Assets: Reassessing Formality in the Digital Age (2019)

Wright & Emrick, Tearing Down the Wall: How Transfer-on-Death Real-Estate Deeds Challenge the Inter Vivos/Testamentary Divide

Danaya C. Wright and Stephanie Emrick have made available for download their article, Tearing Down the Wall: How Transfer-on-Death Real-Estate Deeds Challenge the Inter Vivos/Testamentary Divide, 78 Maryland Law Review 511. The Abstract is as follows: This Article will examine one of the most recent will substitutes, the transfer-on-death (“TOD”) real-estate deed. Nearly half of … Continue reading Wright & Emrick, Tearing Down the Wall: How Transfer-on-Death Real-Estate Deeds Challenge the Inter Vivos/Testamentary Divide

Kitces Report: The SECURE Act: Avoiding The 10-Year Rule For Conduit Trusts (Mar. 4, 2020)

The Kitces Report has published an article, by Jeffrey Levine. The Executive Summary is as follows: Passed in December of 2019, the SECURE Act brought several changes to the rules governing retirement accounts, the most significant of which (at least for financial advisors and their clients) was the elimination of the ‘stretch’ provision applicable to … Continue reading Kitces Report: The SECURE Act: Avoiding The 10-Year Rule For Conduit Trusts (Mar. 4, 2020)

Crawford & Blattamachr: Basis and Bargain Sales: Income Tax and Other Concerns, The Tax Lawyer (2020)

Bridget J. Crawford, Pace University School of Law, and Jonathan G. Blattmachr, have made available for download their forthcoming Tax Lawyer article, Basis and Bargain Sales: Income Tax and Other Concerns. The Abstract is as follows: This article explores the income tax consequences of the sale during lifetime and at death of property for less … Continue reading Crawford & Blattamachr: Basis and Bargain Sales: Income Tax and Other Concerns, The Tax Lawyer (2020)

Congressman Richard Neal (D. Mass): Secure Act 2.0 Coming Later This Year

House Ways and Means Chairman is planning to move followup legislation to the Secure Act later in 2020. Congressman Neal's press release reads as follows: Even with the passage of the first retirement security package in more than a decade shortly before the holiday recess, there is more retirement-related legislation that could get a look … Continue reading Congressman Richard Neal (D. Mass): Secure Act 2.0 Coming Later This Year

Michael Chamberlain: ‘The Good, The Bad And The Ugly’ Of The SECURE ACT (Feb. 12, 2020)

Michael Chamberlain writes, on Forbes website, that (m)any moviegoers remember the classic western movie starring Clint Eastwood, entitled The Good The Bad and The Ugly. This movie title seems appropriate for the outcomes of the passage of the SECURE Act, (an acronym for Setting Every Community Up for Retirement Enhancement), which was passed by the House in … Continue reading Michael Chamberlain: ‘The Good, The Bad And The Ugly’ Of The SECURE ACT (Feb. 12, 2020)