New USPS Rule Could Impact Probate Filings and Legal Deadlines

A recent policy change by the United States Postal Service could affect how postmark dates are applied to outgoing mail—and that may have important implications for individuals mailing time-sensitive legal documents.

Beginning in December 2025, the USPS began applying postmarks at regional processing centers instead of local post offices under a new rule known as Rule 608.11. Because mail may take additional time to reach these processing facilities, the official postmark date may no longer match the day a document was placed in the mail.

 

For legal filings, including probate and estate administration paperwork, the postmark date is often used to determine whether documents were submitted on time. If a document is mailed before a deadline but receives a later postmark, it could create complications.

 

Individuals working through estate matters should be especially cautious when mailing:

·      Court filings and legal documents

·      Tax filings or payments sent to the IRS

·      Contractual notices or legal correspondence

·      Applications or forms with hard submission deadlines

Read more on our website here.

 

Our probate attorneys in Ann Arbor often advise clients to plan ahead when sending important legal paperwork. Visiting the post office and requesting a manual timestamp or using certified mail can help provide proof of mailing dates.

 

If you’re navigating probate or estate administration and have questions about deadlines or required filings, our legal team can help guide you through the process and ensure your documentation is handled properly. Contact us today to schedule a consultation!

Do Estates and Trusts Need to Make Quarterly Estimated Tax Payments?

Many fiduciaries are surprised to learn that estates and trusts may need to make quarterly estimated tax payments—not just file an annual return.

Understanding when payments are required can help you avoid penalties and interest.

 

When Are Payments Required?

 

Estimated payments are required if:

• The estate or trust expects to owe $1,000 or more in federal taxes
• Withholding and credits won’t cover the liability

Michigan requires payments if more than $500 in state tax is anticipated.

 

To avoid penalties, fiduciaries must usually pay:

• 90% of the current year’s tax, or
• 100% of the prior year’s tax (110% for higher-income entities) 

Estate vs. Trust Rules

 

Estates:

Typically receive a two-year grace period from estimated payments after death.

 

Irrevocable Trusts:

Do not receive a grace period. Because trust tax brackets are compressed, retained income can quickly reach the highest federal rate.

Read more on our website!

 

Why Guidance Matters

 

Trustees and executors are legally responsible for meeting IRS and Michigan deadlines. Waiting until year-end can result in avoidable penalties.

 

An estate planning attorney in Ann Arbor can help coordinate with tax professionals and ensure your fiduciary duties are met properly. Contact us today to schedule a consultation!

 

This article is not tax advice. Please consult a CPA for professional tax guidance.

Do Estates and Trusts Need to Pay Income Tax in Michigan?

When someone passes away, tax obligations don’t disappear. In many cases, the estate or trust becomes a separate taxable entity with its own federal and Michigan filing requirements.

If you’re serving as a trustee or personal representative, an estate planning attorney in Ann Arbor can help you understand your responsibilities and avoid costly penalties.

 

Are Estates and Trusts Separate Taxpayers?

 

Yes. Estates and certain trusts must file IRS Form 1041 if they earn income above federal thresholds (generally $600 for estates).

 

Common taxable income includes:

• Interest and dividends
• Rental income
• Capital gains
• Business income

Are Estimated Payments Required?

 

The IRS requires quarterly estimated payments if the estate or trust expects to owe at least $1,000 in taxes and withholding won’t cover it.

 

Payment deadlines typically fall on:

• April 15
• June 15
• September 15
• January 15

Michigan requires estimated payments if more than $500 in state tax is expected.

 

Special Rules to Know

• Estates: Generally exempt from estimated payments for the first two taxable years after death.
• Trusts: No grace period. Irrevocable trusts become taxable entities immediately and can reach high tax brackets quickly.

Read more on our website!

Reducing Tax Exposure

 

Distributing income to beneficiaries may lower the overall tax burden. The estate or trust receives a deduction, and the beneficiary reports the income individually.

 

Because fiduciaries can be personally liable for tax mistakes, consulting an estate planning attorney in Ann Arbor is a proactive way to ensure compliance. Contact us today to setup a consultation!

 

This article is not tax advice. Please consult a CPA for professional tax guidance.

 

Choosing the Right Tax Year for Trusts and Estates Can Make a Difference

One unique aspect of Fiduciary Income Tax Returns is the ability to choose between a calendar year or a fiscal year for tax reporting. While this decision may seem purely administrative, it can have meaningful tax and timing implications for trusts, estates, and beneficiaries.

A calendar year runs from January 1 through December 31 and is typically due April 15 of the following year. A fiscal year—often used for estates—ends on the last day of the month before the decedent’s date of death and is due four and a half months after the close of that fiscal year.

 

For example, if a decedent passes away on March 26, the estate’s first fiscal year may run through February 28 of the following year, with a June filing deadline. This structure can allow for income deferral and more strategic planning around distributions.

 

Selecting the correct reporting period should be done carefully and in coordination with legal and tax advisors. As part of a comprehensive approach to estate planning in Ann Arbor, this decision can help fiduciaries manage cash flow, reduce overall tax exposure, and maintain compliance with IRS rules.

👉 Learn how tax planning fits into effective trust and estate administration.

 

***This is not to be construed as tax advice.  Attorneys are PSED Law do not practice tax law.  Please see the advice of a CPA for professional advice.

Fiduciary Income Tax Returns: What Trustees and Personal Representatives Need to Know

Administering a trust or estate comes with a long list of responsibilities, and one of the most commonly misunderstood is the requirement to file a Fiduciary Income Tax Return. While many fiduciaries focus on asset distribution and honoring the decedent’s wishes, tax compliance plays a critical role in protecting both the estate and its beneficiaries.

A Fiduciary Income Tax Return is filed using IRS Form 1041 and reports income earned by a trust or estate after the decedent’s death. Trusts and estates are treated as separate tax entities, meaning they may be required to file even when the decedent no longer has individual filing obligations.

 

A return must be filed if the trust or estate earns $600 or more in gross income during the tax year or if any beneficiary is a nonresident alien. Income commonly reported includes interest, dividends, capital gains, business income, and distributions from retirement accounts.

 

For families navigating estate planning in Ann Arbor, understanding these requirements early can help avoid penalties, missed deadlines, and unnecessary complications during administration. Working with experienced estate planning counsel ensures fiduciaries meet their obligations while keeping the broader goals of the estate in focus.

 

👉 Read more about fiduciary filing obligations and trust administration here.

 

***This is not to be construed as tax advice.  Attorneys are PSED Law do not practice tax law.  Please see the advice of a CPA for professional advice.

Dividing a Business in Divorce: What an Ann Arbor Divorce Attorney Wants You to Know

When a divorce involves a closely held business, professional practice, or other significant enterprise, property division becomes especially complex. In Michigan, a business owned or developed during the marriage is often considered marital property, at least in part.

Courts are generally reluctant to force divorced spouses to continue operating a business together, recognizing that such arrangements are rarely practical. Before a business can be divided, however, it must be properly valued—often with the assistance of financial experts.

Judges consider ownership interests, control, and each spouse’s direct and indirect contributions. One spouse may have invested capital or managed daily operations, while the other provided indirect support by maintaining the household or caring for children. Michigan courts recognize that both forms of contribution can be critical to a business’s success.

Courts also assess whether a particular division would undermine the business’s viability. If an equal split would jeopardize continued operations, a more practical and equitable solution may be ordered.

Working with an experienced Ann Arbor divorce attorney is essential in these cases. We help clients identify, value, and protect business interests while advocating for fair and sustainable outcomes in high-asset divorce matters. Contact us today to schedule your initial consultation.

Who Gets What in a Michigan Divorce? Guidance from an Ann Arbor Divorce Attorney

Dividing property during a divorce is often straightforward when a couple has limited shared assets and maintains separate finances. As wealth grows, however—particularly through real estate, investments, or business interests—property division can become far more complex and contentious.

Michigan law requires courts to divide marital property equitably, not necessarily equally. While a 50/50 split is common, equity allows judges flexibility to reach a fair result based on the specific facts of each case. This distinction is especially important when one spouse owns or controls higher-value assets.

When spouses cannot agree on how to divide property, the circuit court evaluates evidence and testimony and considers factors such as the length of the marriage, each spouse’s contribution to the marital estate, earning capacity, health, financial needs, and overall fairness. Courts may also examine whether one spouse sacrificed career or educational opportunities to support the household or the other spouse’s professional success.

An experienced Ann Arbor divorce attorney can help present these factors clearly and persuasively to protect a client’s financial future. Our attorneys work closely with clients to pursue equitable outcomes through negotiation or litigation, depending on what best serves their long-term interests. Contact us today to schedule your initial consultation!