Executors Can Count On Long, Arduous Estate Settlements

Financial Advisor:  “If your client is the executor of a family estate, you can warn him or her it will take an average of 800 hours—that’s 20 full workweeks—to settle most estates. That is, if it doesn’t get bogged down in a battle over an amethyst ring or Green Bay Packers tickets, said EstateExec, a company based in the San Francisco area that creates software for estate executors. It takes an average of 16 months to settle an estate, no matter the size, according to an EstateExec survey of 1,200 people involved in estate settlements. For 80 percent of estates, it takes 800 hours of work by the executor to settle, the survey said, and nearly half, 44 percent, of those surveyed were part of, or were at least aware of, family conflicts that erupted in the settlement process.”

2018-07-16T13:35:24-07:00July 20th, 2018|Estate Planning, Trusts, Wills|

Aligning Client Lifestyle, Dreams And Legacy Goals With Wealth Objectives

Private Wealth:  “Wealth management firms typically emphasize applying a personal touch in how they serve clients, driven by a sincere concern for their well-being, and a desire to build long-term relationships. And to a significant extent, the industry has delivered solutions that work for both clients in the mass market, generally defined as individuals and households with below $1 million in net worth, and to the upper echelons of the high net worth, broadly defined as those who have more than $20 million in net worth. The former is usually supported by a spectrum of small, independent financial advisor businesses, while the latter continues to be dominated by an assortment of white shoe family offices and Wall Street institutions. But this also means there is an “overlooked millionaire” segment of the wealth management market, comprised of individuals and families with between $2 million to $20 million in net worth, who have more complex needs than the mass market, but simply aren’t worth the time and attention of the top players in the industry.

2018-07-16T12:49:01-07:00July 19th, 2018|Estate Planning, Tax Planning, Wills|

Protecting Your Pets: How to Make Financial Provisions in a Will or Trust

Fiduciary Trust International:  “For many people, pets aren’t property—they are members of the family in every sense of the word; providing emotional support, protection and comfort in good times and bad. In return, we give them shelter, affection and a significant amount of financial support. According to a Harris Poll survey, Americans spend an average of nearly $1,500 on essentials such as food, grooming, boarding and trips to the veterinarian’s office for their pets each year. Horses are the most expensive at roughly $13,000 a year. But making financial provisions for a pet who outlives you hasn’t always been possible, at least not formally. Trusts were designed originally to benefit humans or charity, not animals.”

2018-07-16T12:24:01-07:00July 17th, 2018|Estate Planning, Planning for Pets, Trusts, Wills|

Businesses Require Proper Estate Planning

Brooklyn Trust and WIll:  “While many people associate the process of estate planning with retirement and owning significant value in assets, the fact of the matter is that quite the contrary is actually true. Estate planning by definition is the process of preparing for the transfer of wealth after death, so if you own anything of value, estate planning becomes necessary if you wish to pass on your assets to any beneficiaries. Further, estate planning becomes particularly necessary if you own a business, as the law may not always coincide with your intentions regarding passing on ownership of the business after your passing.”

2018-07-09T12:05:07-07:00July 11th, 2018|Estate Planning, Trusts, Wills|

The Rich Are Betting On Living to 100

Bloomberg:  Money might not buy love, but it can buy better health. And, to live as long as possible, the world’s wealthy are willing to pay up. Over the past few decades, the average person’s lifespan has risen almost everywhere in the world. In China, the U.S. and most of Eastern Europe, the average life expectancy at birth has reached the late 70s, according to the Organization for Economic Cooperation and Development, or OECD. People in Western Europe and Japan, meanwhile, can expect to live into their early 80s. Most rich people, however, are counting on living even longer—a lot longer, as in two decades more than average. In a new UBS Financial Services survey, 53 percent of wealthy investors said they expected to live to 100.

2018-06-25T15:08:11-07:00June 25th, 2018|Estate Planning, Trusts, Wills|

Kate Spade, Anthony Bourdain And Estate Planning When You Are Separated

Forbes:  “The recent tragic deaths of Kate Spade and Anthony Bourdain had more in common than how they died. They were both separated from their spouses at the time of their deaths.  While by all accounts these separations were amicable, the fact that they were not legally divorced can lead to a host of estate planning issues. When spouses decide to divorce, the usual framework is a process involving attorneys and the court system. But as modern family life is complex, it is becoming more common for spouses to remain permanently separated yet not divorced.  It’s a state of gray that many feel comfortable in. Unfortunately for both family law and estate law, it’s a hard place to be. Just how many couples in the U.S. permanently separate versus divorce is not clear. Most researchers find the U.S. divorce rate hovers somewhere between 42% to 45%. However, when permanent separations are factored in, it is estimated that the rate is really 50%.”

2018-06-18T13:11:23-07:00June 21st, 2018|Estate Planning, Rich & Famous, Trusts, Wills|

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|

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.”

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