While the SECURE (Setting Every Community Up for Retirement Enhancement) Act became law in late 2019, the Internal Revenue Service has only recently proposed how to implement it. The 275 pages of regulations have not yet been finalized, but their publication affects many estate planning clients.  These rules are a moving target, so it is important to learn about them from the source rather than relying on the expertise of custodians or financial advisors.

In 2014, the Centers for Medicare and Medicaid Services (CMS) published final rules that states must abide by in their waiver programs for home and community-based services (HCBS). Since then, the implementation of the new rules has been delayed – first, so that states had more time to comply, and then later due to the pandemic. However, CMS has announced that they are holding tight to the latest deadline of March 2023.

From the unenforceability of arbitration clauses in trusts to the applicability of the Americans with Disabilities Act to small businesses, we have recently seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practice.