March 10, 2026

Important Estate Plan Updates

Show Notes
Transcript

In today's insightful episode of "Important Estate Plan Updates" with Tom Doyle I will discuss how changes in laws can impact your 401(k)s, IRAs, and Durabel Powers of Attorney.

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Well, good afternoon, Michiganders, and welcome back to Tuesday with Tom,

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Michigan's Only podcast where we talk about estate planning, a state, settlement,

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and everything in between. As always, I'm your host, Tom Doyle,

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estate planning attorney, lifelong Michigander and your guide to planning

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for your future. Just a brief recap of our last episode,

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Tuesday with Tom turned ten years old. Hard to believe

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we've been having this podcast starting in.

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Twenty twenty six.

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Didn't imagine that it was going to be around here

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all this time later, but we care heep. We keep

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hearing from people questions that they have, answers that they're

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looking for, and so as long as you've got those

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questions and we've got those answers, we will continue along

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with hopefully what is a helpful podcast to you as

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you are looking at planning your own estates or perhaps

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even settling an a state. Today's intro talking about updating

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your estate plan. I've had previous episodes where I talk

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about the importance update updating your state plan. It's not

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something that you simply prepare and stick in a closet

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and never look at again. Life changes, circumstances change things

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happen that are important and can have significant impacts on

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your state plan. What we're going to talk about today

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is there are a couple important both legal and practical

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changes that have occurred that I at least want to

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spend some time highlighting for you today. In particular, we

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are encouraging our clients and anyone out there who might

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not be a client but has a state planning documents

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to consider too very what could be very important possible

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updates regarding your state plan. One of those has to

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do with trusts and retirement accounts.

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Many of you folks out.

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There have a living trust and you've gotten IRA or

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four to one K, and you've considered in the past

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whether or not you should make that retirement account the

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beneficiary of your IRA or your four one K. It

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used to be a pretty easy decision in that we

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were basically recommending to clients that they would do that

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because the trust would qualify as what we call a

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look through trust, meaning that the benefits would be taxed

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to the beneficiary of the trust rather than be taxed

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to the trust, which is always going to pay a

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higher tax. Well, over the last couple years, we've had

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a couple federal statutes. We've had the enactment of the

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Secure Act and the enactment of SECURE two point zero,

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and finally we are in a stage where the IRS

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has had enough time to interpret those statutes and how

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those statutes impact perhaps your decision about whether or not

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you should make your trust the beneficiary of retirement accounts.

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We start with this premise, we are not your tax advisor,

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so in actually answering the question from a tax standpoint

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as to whether or not you should or should not

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make your trust the beneficiary or whether you should include

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keep individuals as individuals, that always starts as a conversation

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with your tax advisor and with the custodian of your

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IRA account or your four one K, because they will

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be in the best position to advise you as to

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how they are currently interpreting the IRS decisions on whether

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or not trust can be used as look through trust,

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so very important. That's where your conversation needs to start.

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And once you've had that conversation, if your trust advisor

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or your custodian says it's okay to go ahead and

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have the trust made is the beneficiary and those accounts,

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that it's certainly something that we can assist you with doing.

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But from our standpoint, we have since July twenty two,

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twenty twenty five, we no longer included language in our

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trust that were designed to make them look make them

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work as look through trust because we weren't satisfied with

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the interpretation being done by the IRS that they would qualify.

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Well.

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Since then, now that we've looked at everything that's been

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going on, we are satisfied that with appropriate language added

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into your trust, that would be either changing the language

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that was being used before that date because we had

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normal language that we were using previous to that date,

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or adding language to any documents trust documents that we

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prepared after that date. We strongly recommend that you review

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having your trust updated so that appropriate language can be

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added into that trust so it will be considered as

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a look through trust. Again, why is that important? If

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money is paid from an IRA into or four to

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one K in your trust, and if the trust has

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to pay the income tax on it, essentially that's going

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to be what would be a forty two percent tax.

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Why because you're going to have a thirty eight percent

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federal tax because it's the highest individual income tax rate

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that's how trusts get taxed, and you're going to have

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four percent from the State of Michigan. On the other hand,

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if it's going to be treated as a look through

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trust worthy proceeds come from the IRA flow through the

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trust under to distribute out to the beneficiaries. You do

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have some time limits on how long that can normally

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be done. For most people, that's going to be a

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ten year window. But at least when the benefits are

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distributed out to the beneficiaries, they are going to then

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be taxed at the beneficiaries income tax rate, which in

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most cases is always going to be less than the

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trust rate. So it's very important whether it's a trust

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that we prepared for you had somebody else prepare, that

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you review those trusts or have them reviewed to determine

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whether or not anything should be changed in that trust

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in order for it to qualify now as this very

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important look through trust. So that's number one big change,

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something to look at, something to be concerned about, something

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for you to view your documents. For the second big

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change that's occurred in the State of Michigan, and this

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is now a practical matter more than it is a

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legal matter, but we're going to talk about financial powers

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of attorney. That's the document that you probably have, or

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most of you are going to have as part of

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your state plan that's designed to give somebody else authority

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to basically pay your bills, manage your finances for you,

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et cetera, in the event that you become incapacitated. Michigan

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unfortunately enacted a change in its law that became effective

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on July first, twenty twenty four, and that law now

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requires a certain section to be in a Michigan power

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of attorney, and that section is what's called an agent's acknowledgement. Basically,

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it's a section where the people that you named in

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your power of attorney are going to have to review

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it and they're going to have to sign it, and

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basically that is their acknowledgement of what they can and

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cannot do under your financial power of attorney. Fortunately, the

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statute doesn't say any power of attorney that was created

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before July first, twenty twenty four is no longer valid,

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so they are perfectly valid. So you've got a power

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of attorney out there that was prepared in twenty twenty

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or twenty eighteen or whatever it happens to be that

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power of attorney, according to the statute, is still valid. However, However,

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and this is the important caveat financial institutions.

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That's going to be.

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Your bank, it's going to be your brokerage house, it's

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going to be whoever, somebody is trying to use that

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power of attorney to manage your finances. For may begin

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to refuse to accept that power of attorney if it

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doesn't have that current agent's acknowledgment. So basically gives the

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bank or gives the brokerage and out to say, hey,

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your power of attorney that's being brought to us does

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not have this agent's acknowledgment. Because of that, we are

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not going to accept it. And what we found in

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our practice, unfortunately, too many banks, too many brokerage firms

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are not excited about operating under powers of attorney because

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they always have a question about liability. Somebody really prepare

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this thing? Are we really going to be doing what

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this person who's not our client is telling us to do?

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So they tend to hesitate when they're looking at accepting

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a power of attorney. And so what we are seeing

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from some of our clients is that the bank is saying, no,

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we will not accept this power of attorney because it

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doesn't have the current agent's acknowledgement. Now, there's going to

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be there's a period of time here before this statute

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where the statute was changed to require what was called

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an agent's acknowledgement and responsibilities, okay, or acknowledgement and responsibilities.

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That section is no longer good.

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It needs to now have the new agent's acknowledgement as

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part and part of your durable power of attorney. The

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good news is the good news is, oh that it's

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pretty easy to fix. You don't have to have a

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whole new power of attorney proof. You simply need to

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have the agen's acknowledgement section prepared, add it on to

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your existing power of attorney, and then arrange to have

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your agent's sign it. Keep in mind this too, if

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your agent that you named in your power of attorney

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doesn't have the appropriate agen's acknowledgment and they go to

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the bank and the bank says, I'm sorry, we can't

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accept that power of attorney because it doesn't have the

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agent's acknowledgment. Well, in all probability, you at that point

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are incapacitated and if you're incapacitated, you don't have the

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legal ability to now change your power of attorney. And

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if you don't have the legal ability to change your

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power of attorney, then you don't have the legal ability

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to add the agent's acknowledgment. And therefore the whole point

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of your having the power of attorney to avoid forcing

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your agent to go to court to have themselves appointed

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as your conservator could end up being defeated. So it's

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very important. Even though your power of attorney is still

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legally valid, it is a practical application of the law

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that you may well run into. And if that happens

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to you, then that's going to be complicated. Now what

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some clients are doing, I know they're doing this. They're

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going to their bank and taking in the current power

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of attorney and say, hey, this is what we have

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now is this going to be used by you? But

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even if the manager today says yes, it will be,

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that doesn't mean the manager next week isn't going to

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say differently. Because here's what happens in the real world

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with banks. Banks have lawyers. Lawyers look at the changes

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of the law and then they're going to issue, if

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you will, directions to the bank, and one of those directions,

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quite freakly is, hey, when someone brings in a power

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of attorney, these are the things that it has to

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have in it in order for us to accept it.

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And so you're basically dealing with a clerk or a

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manager who's kind of looking through this list, and generally

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that list is now going to say it needs to

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have an agen's acknowledgement and the agents have to have

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signed it. And the minute they look at your power

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of attorney and they don't see a section that's called

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agent's acknowledgement, they are most likely or very probably going

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to deny accepting that power of attorney by your agent.

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So very important to you that you look at making

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sure your financial powers attorney are in place, because obviously

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they can be very very important documents. I mean, hopefully.

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It's interesting with the estate planning that we do. If

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we prepare an estate plan, let's say you've got a

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living trust. We know the living trust one day will

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be used for distributing your estate.

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We don't know if you're going to become.

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Incapacitated, but we have financial powers of attorney just in

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case you do. We don't know if you're ever going

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to be unable to make medical decisions for yourself, but

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we have powers of attorney just in case you do.

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Even when you have a trust, if you listen to

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previous episodes of the program, you're going to have a

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will because it might turn out that something fell through

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the cracks and end up having to go through probate,

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and then we want to make sure when probate's done

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that those assets are put into your trust as part

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of the distribution.

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Hopefully you don't have an.

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Estate that goes through probate, but you have a poor

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overwilled just in case. So a lot of documents get

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prepared as part of a state plan, hoping that they

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will never get used, but they serve a very important

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purpose when they do, because they are again avoiding people

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having to go to the probate court to get themselves

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appointed as your conservator or to get themselves appointed as

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your guardian, and so they are very important documents as

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part of an overall estate plan. Now, if you happen

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to be a dolt PC client and you want to

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get your documents updated, you can simply head on over

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to the website DOILOTPC dot com. Go to the virtual

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office and select the update my Plan request form. There

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you can fill out a form basically submit that to us.

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We'll get it, we'll communicate with you, tell you what

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it's going to cost, you make arrangements for all of that,

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and we can prepare the documents, or you can always

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schedule a consultation with us. You can call it set

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five one seven three two, three seven three sixty six

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are again simply go to the website. There you're going

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to find links to schedule appointments where you can schedule

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a consultation with us so we can walk you through

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decisions that you need to make, and.

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That obviously is available to you.

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Whether you're a client of doil OLPC or not, we

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would likely be able to help you in updating your

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estate plans appropriate, So just keep in mind that addressing

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these issues now can help avoid complications, delays, and unnecessary

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expense in the future. Of course, Aman and I, we'd

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be truly honored to help you protect the people you love,

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either updating the plans as we've just talked about to

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make sure that they're current. Maybe you've got other changes

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that you also want to make. Maybe people have come

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and gone out of your lives, or you've got some

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other distribution plans or whatever it happens to be. We'd

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certainly love to have the opportunity to help you. We

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can create a new estate plan for you, we can

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look at updating an existing one, or certainly guiding you

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through a very difficult time if you are dealing with

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having to handle the state settlement process for.

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A loved ones.

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We try and make it easy to get started. We

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offer in person consultations. Those are available both in Grand

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Rapids and our Lancing Life location, so we have got

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two locations where we can have physical consolation consultations with you.

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We also offer virtual consultations. Those would be by zoom

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by phone wherever you are in this great state of Michigan.

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We've got lots of clients throughout the entire state from

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the up all the way down to the southern border,

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so we provide virtual consultations to work with you. Maybe

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all you're looking for is a simple document. Maybe you say, hey,

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all I need is a new healthcare power of attorney

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or maybe a certificate of trust something like that. Well,

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take a look at our legal store that's available at

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our website. There you can order individual documents that can

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be pared for you and sent to you electronically for

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you to execute. All of that and more is available

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at our website that is Doyle LAWPC dot com. That's

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Doyle LAWPC dot com. There you're going to find more

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information of how you can schedule consultation or more information

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about the services that we can provide to you. Well,

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I think that's going to have to be a wrap

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for today's show. I don't know why, but my voice

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seems to be going out on me here today. But

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as always, if you have a comment, a questioning like

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he answered, or topic that you'd like me to cover

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in a future episode, head on over to Tuesday with

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Tom dot com our website. You can leave me a

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voice message by clicking on the microphone or just send

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me an email at Tom at Tuesday with Tom dot com.

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And so you don't miss an episode, be.

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Sure to follow us on the podcast platform that you

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use to listen to Tuesday with Tom. You can also

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follow us on Facebook. We invite you to have your friend,

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of your friends and family follow us as well. That

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would be on Facebook Tuesday with Tom. And of course

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the law firm is Doyle LOPC. Again on Facebook as well,

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and don't forget subscribe to our monthly email newsletter. You

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can do that at Tuesday with Tom dot com ORDOILEOPC

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dot com and so we'll keep you up to date

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on what's going on with the state planning topics, topics

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that we think are important to you, and new episodes,

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upcoming episodes if you will of Tuesday with Tom. And

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remember you can listen to Tuesday with Tom probably wherever

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you already enjoy your podcast where many many streaming services

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Apple Podcasts, Spotify, Amazon Radio, Amazon Music, Google Podcast, iHeartRadio,

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Speaker that's a service that we actually publish our podcast through,

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or you can always just ask your smart speaker to

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play Tuesday with Tom. Well, thanks again for spending part

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of your day with us today and as always, take care,

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stay safe, and have an awesome day here in Michigan.

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Tuesday with Tom has been brought to you by the

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estate planning attorneys at Doyle Law PC. To learn how

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we can help you with your estate plan or with

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settling a loved one's estate, please call us today at

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five one seven three two three seven three sixty six.

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That's five one seven three two three seven three sixty

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six

Important Estate Plan Updates

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