When you write your will, don’t mess this up

Market Watch:  Two chores that most people gladly put off: The first is writing a will—and the second is updating it to reflect changed circumstances. Either way, it’s crucial to name the right executors.Regarding the first chore, my client roster includes recalcitrant individuals who’ve yet to write their wills. I regularly remind them how badly things could turn out if they fail to do so. For instance, their assets might wind up with individuals whom they never intended to benefit or they consider less deserving of their largess than others.

2018-06-18T11:06:18-07:00June 18th, 2018|Estate Planning, Trusts, Wills|

Your Parent Didn’t Have A Will: What Should You Do Now?

Forbes:  “Mom or dad has passed away and despite your requests over the last few years for them to see a lawyer and do a will, they never did. What do you do now. Make a diligent search for a will. Look through your parent’s records and file cabinets, talk to their close friends and other relatives, ask their accountant and any lawyer they worked with in the past. Look around the house for business cards of lawyers, accountants or financial advisors.”

2018-06-11T13:36:04-07:00June 15th, 2018|Beneficiaries, Estate Planning, Trusts, Wills|

Woman accused of cheating trustees, spending their money on Vegas gambling trip

The Sacramento Bee:  A Sacramento woman is accused of cheating beneficiaries of a trust and using some of the money to gamble in Las Vegas, authorities said Wednesday. A federal grand jury returned an eight-count indictment against Loretta Darlene Stewart-Cabrera on April 26 charging her with mail fraud, wire fraud and money laundering, U.S. Attorney McGregor W. Scott announced.

2018-06-04T11:08:33-07:00June 6th, 2018|Beneficiaries, Estate Planning, Trusts|

7 Common Estate Planning Disasters and How to Avoid Them

Market Watcher:  “An approximately $30 trillion transfer of wealth is currently under way in the U.S. as aging baby boomers pass their assets to successive generations.This transfer, together with the recent increase to the lifetime federal estate and gift tax exemption (to $11.18 million in 2018), has created a favorable situation for U.S. citizens and residents seeking to transfer wealth to their loved ones during lifetime and at death. Despite the encouraging estate planning horizon, we still see many who make common mistakes which can thwart their intentions.

2018-05-01T15:08:42-07:00May 3rd, 2018|Estate Planning, Special Needs Trusts, Trusts, Wills|

All You Can’t Leave Behind

Financial Advisor Magazine:  “Almost all clients begin thinking at some point about how they are going to be remembered when they’re gone. Many think specifically about the legacy they will be leaving. But legacy is an odd thing. I would argue that the concept is somewhat selfish. We wish to direct it, but we actually have little control over it. Various people in our lives often get to determine how we will be remembered, basing it somewhat on their interactions with us but mostly on their own views of the world.”

2018-05-01T14:35:07-07:00May 1st, 2018|Estate Planning, Trusts, Wills|

Is Spousal Support Available After Death?

JDSUPRA:  “Perhaps encouraged by the recent decision in Marasse Estate, we have another recent case from the Alberta Court of Queen’s Bench addressing an estate’s ability to claim spousal support and its liability to pay spousal support.  Stalzer v Stalzer, 2018 ABQB 191 is reassurance to estate planning and family law practitioners that a person’s obligation to pay spousal support to their deceased ex-spouse’s estate is not a general rule of law and was specific to the drafting of the various agreements in play in Marasse.”

2018-04-09T09:43:44-07:00April 9th, 2018|Estate Planning, Trusts, Wills|

Here’s How to Maintain Peace Among Your Heirs

The New York Times:  “For parents, deciding how to divvy up their assets can be an incredibly onerous task. This is especially true for those with substantial wealth and multiple children or beneficiaries to consider. A common mistake parents make when undertaking estate planning is focusing too much on legal issues while ignoring family dynamics.”

2018-04-02T10:53:54-07:00April 3rd, 2018|Estate Planning, Trusts, Wills|

What does the IRS’ Michael Jackson dispute mean for celebrity estate planning?

Lexology:  “When Michael Jackson died in 2009, he left behind a convoluted legacy that has presented issues for fans and tax collectors alike, and the legal repercussions are ongoing. At the time of his death, Jackson’s reputation had suffered from allegations of child abuse, drug use and erratic behavior. The circumstances of his death, however, heightened fans’ sympathy for the tragic “King of Pop.” Because of this, Jackson’s estate is embroiled in a legal dispute with the IRS over the value of Jackson’s name and likeness.

2018-03-05T13:45:29-08:00March 9th, 2018|Estate Planning, Rich & Famous, Trusts, Wills|

Want to Plan for Your Death and Funeral? Here’s How

The New York Times:  “Pre-need funeral planning allows individuals to take care of details concerning their funeral and body disposition as a means to prevent the burden from falling on family. Pre-need planning enables you to decide whether you want to be cremated or buried, the type of funeral service you want, and even what attire you want when buried.

2018-03-05T13:21:13-08:00March 7th, 2018|Estate Planning, Trusts, Wills|

Soldiers with Fortunes?: Rethinking the Tax Treatment of Fallen Combatants

SSRN:  “Section 2201 of the Internal Revenue Code provides a partial estate tax exemption for members of the armed forces who die in, or as a result of, combat operations. In this Article, I explore the origins of this exemption and assess the extent to which it serves three important policy goals: (1) reducing financial and administrative burdens on military families, (2) incentivizing military service, and (3) avoiding the moral hazard of the government being able to “profit” (through increased tax revenues) as a result of combat deaths.”

2018-03-05T13:34:51-08:00March 6th, 2018|Estate Planning, Estate Tax, Trusts, Veterans Issues, Wills|

Removing Obstacles to a Peaceful Death

Elder Law Journal:  We all will die, but the American health care system often impedes a peaceful death. Instead of a quiet death at home surrounded by loved ones, many of us suffer through overutilization of sometimes-toxic therapeutic interventions long past the time when those interventions do more good than harm. This article proposes revisions to health professional training and payment policy to eliminate as much as possible physical and existential suffering while progressing through the terminal phase of illness.”

Court Holds That A Wife Devised Her Property In Fee Simple Determinable To Her Husband With An Executory Interest To Her Son; So, After The Husband Died, If He Still Owned The Property, It Went To The Son

JDSUPRA:  “The rest and residue of my estate, both real, personal and mixed property of every kind and character whatsoever I may own or have any interest in at my death, is hereby bequeathed to my husband, ARTURO HERNANDEZ, to do with as he desires. Upon the death of my husband, ARTURO HERNANDEZ, I give, devise and bequeath any of the rest and residue of my estate both real, personal and mixed property of every kind whatsoever that he may own or have any interest in to my son, ERIC H. FARLEY.”

2018-02-27T08:42:20-08:00February 27th, 2018|Estate Fights, Estate Planning, Trusts, Wills|

Article on Rational Patient Apathy

Wills, Trusts, & Estate Prof Blog:  “Patients with serious or life-threatening illness are frequently asked to make complex, high stakes medical decisions. The impact of anxiety, low health literacy, asymmetric information and inadequate communication between patients and health care providers, family pressures, rational apathy by health care providers, cognitive biases of both patients and health care providers, as well as other factors, make it quite difficult for patients in these circumstances to process and comprehend the strategic uncertainty and resultant risks and benefits of, and alternatives to, whatever therapeutic or life-prolonging treatment physicians are offering.”

More Planning Tips for Individuals Under New Tax Act

JDSupra:  “As Shanna Yonke mentioned in her January 22, 2018 Legal Update The New Tax Law Provides Estate Planning Opportunities, President Trump signed the Tax Cuts and Jobs Act into law on December 22, 2017.  The Act (officially, Public Law 115-97) is the most sweeping tax legislation to be enacted in decades.  It is broad in scope, complicated, and will impact almost every aspect of tax, estate, retirement, and business planning.”

Common Mistakes With Retirement Plans and Estate Planning

The Legal Intelligencer: “Do you have an estate plan? If not, you are not alone. Fewer than half of Americans have an estate plan—the percentage varies between 55 percent and 70 percent, depending on which survey you rely upon. For those of you with an estate plan, there are mistakes that can be easily avoided. In this article, I will specifically address the issue of retirement plans and beneficiary designation forms.”

2018-02-12T14:09:45-08:00February 15th, 2018|Common Problems, Estate Planning, Retirement Planning, Trusts, Wills|

RIP: Estate planning for your digital assets

The Media Online: “What will happen to your Facebook account when you die? What about all your photos shared on social media, your texts with loved ones, or documents on cloud-storage systems? In just the two-year period from 2012 to 2014, humans produced more data than in all of human civilization before that – and the pace is only accelerating.”

2018-02-12T14:21:12-08:00February 15th, 2018|Digital Legacy, Social Media, Trusts, Video, Wills|
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