The Prime of Life
This article recites the tragic story of Heath Ledger and how he omitted his daughter from his Will.
Preparing for the Unthinkable
This article recites statistics regarding unexpected tragedies in the United States including heart attack, stroke, and auto accidents. It calls on the reader to establish a Legacy Wealth Plan to be prepared.
Death and Tragedy
The article looks at the tragedy of family disputes and how to avoid them.
A Plan by Design or by Telephone?
The article looks at the game of "Telephone" and how transmitting your legacy in this manner is likely to result in error.
Special Needs Trusts and Autism
Autism is on the rise. You want to leave assets to your child without jeopardizing the availability of public benefits. A Special Needs Trust can help. This article explains how.
What’s Probate and Should I Care?
The article examines what probate is and why it is best avoided, and how. The article also examines the holistic concept of "legacy planning."
What's the Worst That Can Happen?
We often think that estate planning only deals with our assets at our death. This article debunks that myth and shows how a lack of planning can have negative consequences even during your life and not just on your assets.
Planning for Unforeseen Circumstances
The article examines the importance of drafting flexibility into your estate plan to adjust for changes in values, circumstances, and interests.
Do You Know Who Your Beneficiaries Are?
The article looks at several types of items that pass outside a Will or Trust. In particular, it examines retirement beneficiary designations and new rules by Vanguard Group which might have disastrous results for the unaware.
Protect Your Children Now and in the Future
The article examines how you can use a Family Access Trust or a Family Sentry Trust to protect the inheritance you will leave to your children.
Putting Your Legal Life Back Together After Divorce
Divorce is common today. This article examines how to put your legal affairs back in order after a divorce.
Strategies for Business Succession Planning
The article looks at methods for business succession, including using life insurance to provide liquidity and family limited partnerships for discounting.
To My Dog, Lucky, I Leave $10,000
The article examines the use of "pet trusts" and a few examples of how pets were provided for in the past.
Gifting to Children
This article examines gifting strategies for transfers in trust to minors. Specifically, it looks at Crummey trusts and 2503(c) trusts and the advantages and disadvantages of each.
Help for Our Armed Forces
he article examines the taxation of combat pay. Specifically, combat pay is tax-free. Also, it looks at new legislation that allows combat pay, otherwise not in income, to be considered as income for IRA eligibility.
Waiting to Roth: Hidden Loophole for High-income Earners
The article explains a few different types of retirement plans and then looks at a loophole for high-income earners to make contributions to a non-deductible IRA now and then convert it to a Roth IRA in 2010, when income limits for such conversion are lifted.
Learn from Anna Nicole's Mistakes
The article examines Anna Nicole's Will and that she did not update it upon major changes in her life: death of a son, birth of a daughter, commitment ceremony to Howard K. Stern. It suggests that the reader learn from these mistakes and be sure to update their plan periodically.
The Choice Is Yours: Don't Lose Your Chance to Make It
The article examines two cases: Terri Schiavo and Sarah Scantlin. Neither expressed their end of life decisions. Terri had her feeding tube removed after 15 years. Sarah awoke from her coma after 20 years. The article calls the reader to express their own desires in a Living Will.
Your 401k or IRA: A Problem Asset?
The article looks at IRAs and 401ks and how we need to save for retirement. Then it looks at the tax problems these plans create. It examines the stretch out available with the FRPT. It also examines using distributions to fund life insurance.
What Happens in My Initial Estate Planning Consultation?
This article describes what happens in the initial estate planning consultation, including the questions asked, the discussion of goals, etc. The article also references a CNNfn segment that talked about the importance of stringent continuing education requirements, like those of the American Academy of Estate Planning Attorneys.
How to Leave a Mess to Your Heirs
This article examines several common mistakes that create a mess for heirs: Lifetime Transactions without counsel (such as adding people on title to realty), Failure to Plan, and Failure to Communicate. The article poses the problem and then offers a solution to each.
Estate Planning is Simple....Right?
This article examines clients' preconception that estate planning is simple and that it's just simple word processing. The article examines situations in which the estate planner's experience and technical knowledge comes into play.
Do You Want Your Spouse to Lose Your Biggest Asset?
The article examines how beneficiary designations must be coordinated in order to have an effective estate plan. It looks at the story of a woman who forgot to change her beneficiary designations. As a result her husband of 20 years did not get her retirement plan proceeds.
Keep Your Cake - And Eat It, Too!
This article examines the Medicaid Income Only Trust. It gives an example of two women who are roomates in a facility: One who contributed to a trust and one who did not.
Smart People Do Estate Planning
The article examines the statistics of who does estate planning. It shows that people who are more educated are more likely to do estate planning. It recites reasons that you want to plan. Basically, the article is a call to action to the reader to take control of his or her life by planning.
Planning With Retirement Assets
The article looks at retirement planning and looks at a few strategies such as ROTH conversion, paying the tax, giving to charity, etc.
Estate Planning: No Tattoo Necessary!
The article looks at how to make sure your final wishes are accomplished. It looks at the case of a woman who tatooed "do not resuscitate" across her chest. It deals primarily with health care powers / living wills, but also touches on trusts.
Preserving the Ranch for the Next Generation
The article examines a typical ranch family, the problems they face, and solutions. It touches on problems of joint tenancy, incapacity, and succession. It offers an RLT, a second to die ILIT, and a buy-sell as solutions.
Dealing with Aging Parents
The article examines how the parents took care of the kids and how the kids then take care of the parents. It looks at the need to plan in advance for wealthy parents (estate tax reduction), not so wealthy parents (Medicaid planning), and any parents (powers of attorney, etc.).
I Just Inherited Money! Now What Do I Do?
This article examines what a beneficiary should consider when they find out they are receiving an inheritance. It touches on basis step-up, disclaimer, non-inclusion in income, etc.
Planning: Just Do It!
This article looks at what happens if no planning is done. It looks at the problems of probate if no trust is done and of intestacy if no will is done.
As Time Draws Near
This provides an overview of planning strategies when someone is approaching death.
Insurance: A Major Estate Planning Tool
he article looks at various types of insurance from life insurance to homeowner's insurance. It explains how minimizing risk is part of estate planning.
When Disaster Strikes
This article examines how tragedies can strike in any of our lives but how planning can lessen the impact. Estate planning can let you rest easier and make sure others have the legal right to help you when you need it.
New State, New Estate Plan?
This article examines how moving from state to state may impact an estate plan.
Let Your Voice Be Heard
The article examines the case of Terri Schiavo and how a clear expression of her wishes could have avoided problems.
Relax: Everything's Handled
Tells the story of a couple that is going on a second honeymoon and
is worry-free because they did their estate planning.
What to Do after a Loved One Dies
Clients often have uncertainty regarding the process after death. The article looks at the typical roles, such as trustee and executor, and explains their duties. The article directs the reader to contact an estate planning / administration attorney. The article mentions a couple post-mortem steps such as gathering assets and cautions against retitling assets or making distributions until talking with the attorney.
Preserving Harmony with Blended Families
Second marriages and blended families raise unique concerns. The article examines marital trusts and unitrusts as a way to take care of both spouse and children and preserve family harmony.
Common Mistakes in Estate Planning
People make many mistakes in estate planning. Several examples of mistakes are given, including procrastination, failure to update, improper fiduciary choices, leaving assets outright, etc.
Leaving a Legacy
If you want to leave a legacy, consider a dynasty trust to gain tax advantages and creditor protection.
Medicaid Planning: There’s a Right Way and a Wrong Way
You can plan for Medicaid the wrong way (through fraud) or the right way. GWA gives true fraud story and a brief Medicaid qualification overview.
Do I Need to Plan If I Have Joint Tenancy Property?
We all have the friends or family that think they are the armchair experts on everything. They want to walk on your back when you are in agony. They told you Enron was a hot stock to buy. And, they tell you that all you need is to hold assets in joint tenancy.
Gay Marriage – An Estate Planning Perspective
There are many ways in which rights of same-sex couples differ from those of heterosexual couples. Perhaps top of this list is that heterosexual couples can legally marry in every state and that marriage is legally recognized in every state and by the federal government.
Your Ex-spouse May Get Most of Your Assets
Divorce is relatively commonplace nowadays. According to the National Center for Health Statistics, there were 957,200 divorces in the United States in 2000. That means that more than 1.9 million Americans get divorced each year. According to the United States Census Bureau, approximately one-half of all marriages now end in divorce.
Trusts Can Help Protect from Bank Failure
If you walk into almost any savings institution in the United States, you see a little seal on the door that says “Member FDIC.” The Federal Deposit Insurance Corporation (“FDIC”) was founded in 1933 as a response to the run on banks in the Great Depression. It provides each person with up to $100,000 of insurance for funds in that bank. That sounds simple enough. And, for individuals, it is.
Health Care Directives Make a Difference
We have all been sick before. Whether it is from the flu or from a more chronic ailment, we have all experienced, to some degree, the feeling of vulnerability illness brings. While we cannot always avoid illness, we can mitigate the vulnerability by expressing wishes ahead of time.
Five Reasons To Plan Your Estate Now
We can all come up with reasons to procrastinate and avoid doing what we should. However, there are many reasons to avoid procrastination when it comes to estate planning. Here are five of them:
Same Sex Planning More Important Than Ever
Recently there have been expansions of rights of gay couples. However, these expansions underscore the patchwork nature of greater gay rights and the continued necessity of careful planning for same sex couples.
Five Common Estate Planning Mistakes and How to Avoid Them
Estate planning is a complex weave of legal and personal objectives. Issues of taxation, family law, and business entities combine with the most personal of family concerns. Attorneys that focus on estate planning face this challenge and have experience in meeting their clients’ needs in planning to achieve personal and financial objectives. Here are some common mistakes made by attorneys that do not focus their practices in estate planning.
Do-it-yourself Estate Planning: You Get What You Pay For
Self-help books are an ever-increasing segment of the American publishing market. There are books and software on everything from gardening to health care. There are even books and software out there that purport to allow an individual to draft his or her own estate planning documents. Some of these items are promoted by media personalities and others by purported experts
Get an Estate Plan — Not an Estate Scam
Estate planning is an important part of life. In fact, it is central to who we are as people. In planning for our future, we must analyze who we are, what our goals are, and whom we wish to help in this world. It makes us aware of our own mortality, but also the impact we can make in the world. A qualified estate planning attorney can help you with this important and intimate process — accomplishing your goals in the best, most tax efficient manner.
Estate Planning Is Life Planning
What is the first thing that leaps to most people’s minds when they think about estate planning? A will. We’ve all seen the dramatic scenes in films of yesteryear: the reading of the will. The truth of the matter is that the will is no longer the focal point of estate planning.
Failure to Plan Compounds Tragedy for Same-Sex Partners
On September 11, 2001, tragedy struck all of us as terrorists used passenger planes as lethal weapons, striking fear into our hearts and sadness into our souls. The events of that day made us feel powerless.
Top 10 Reasons for Periodic Estate Planning Review
Some people think that estate planning is a once in a lifetime project. But, as John F. Kennedy said, “change is the law of life.” Periodic review of an estate plan is essential to ensure that your plan continues to accomplish your goals in the most effective manner.
Beneficiary Designations: the Hidden Trap
More and more of us recognize the need for careful, methodical estate planning. We prepare our wills and trusts. We labor over who should be guardians for our children and who should be trustees and executors. We decide how and when our children or other loved ones should get what we leave behind. However, all too often people who thought they had it all planned fall into a hidden trap: improper beneficiary designations.
Planning It Right the Second Time Around
Increasingly, Americans do not remain with their first spouse for life. According to a 2001 study by the National Center for Health Statistics of the U.S. Department of Health and Human Services, twenty percent of first marriages face "disruption" (defined as separation or divorce) within the first five years. One-half of all first marriages face disruption within the first twenty years of marriage.
How to Help [Insert Charity Name]
There are many ways each of us can help [charity]. However, some ways are better suited to certain donors while other methods make more sense for other donors. Following just a few of the many ways that you can use to help [charity] thrive.
Choosing a Trustee
The centerpiece of most estate plans is a living trust, which provides flexibility disposing of assets, management of assets during incapacity, and avoidance of probate. While there are many options to consider structuring a trust, perhaps the most important issue is the identity of the trustee.
Dying Isn't Necessarily the Worst Thing That Could Happen
When we think of estate planning, we ask ourselves: What happens if I die? Certainly, this is a very important question. While failing to plan for death can cause terrible consequences, failing to plan for disability could be even worse.
Corporate Trustees: Why and How Should You Select One?
There are many reasons for using a corporate trustee to administer a trust. One reason might be for continuity of management, such as with a "dynasty" trust which is designed to last many generations. Another reason might be for administrative convenience - dealing with one institution for the management and investment of the trust assets, making distributions to beneficiaries as provided under the terms of the trust, and preparing annual accountings and tax filings for the trust and its beneficiaries. A third reason might be for family harmony and the minimization of family conflicts, such as where both a new spouse and children from a previous marriage are beneficiaries of the same trust. A final reason might be the inability of the beneficiaries to manage the trust assets for themselves - such as where the beneficiaries are minors, spendthrifts or persons with "special needs".
Why Women Hold the Keys to Successful Estate Planning
Some people still assume that, when it comes to financial and legal matters, women are not key players. However, this is entirely inaccurate. Women are most likely to be highly involved and greatly affected by estate planning. In recent generations, women have taken on a larger role in the financial arena. The number of women in the workplace has tripled in the last fifty years. Meanwhile, the real median income of women has increased by sixty-three percent, while that of men has declined by six percent in the same period. This income shift changes the family dynamics and gives women a greater voice in financial matters. According to a recent survey, women have an equal say in major financial decisions in seventy-five percent of households. In homes where one partner is solely responsible for financial decisions, women outnumber men in that role by a four to three margin.
What to Know before Naming A Child as Successor Trustee of Your Revocable Living Trust
When creating a Revocable Living Trust it is important to carefully choose who will administer the assets of the trust. The party or parties responsible for ensuring that the instructions found in the trust document are followed is called the Trustee. In most estate plans, it is common for a Revocable Living Trust to be structured so that the Trustors, the creators of the trust, serve as the Trustees throughout their lives. Upon their deaths or incapacity, it is not uncommon for a child to be named as the Successor Trustee of the various trusts established under the document. Although this may be a wise choice in many circumstances, it is important to consider all the complications that may arise when a child is selected for such a significant role.
I Already Prepared My Will or Trust: Do I Still Need an Attorney?
Many people have the misconception that once they have created a Revocable Living Trust, they no longer need the services of their estate planning attorney. After all, a Living Trust avoids Guardianships and Probate, and attorneys and the court are involved in each of these processes. So, obviously the planning that was done eliminated the need for any future services of the estate planning attorney. Nothing could be further from the truth. There are a number of times the services of an estate planning attorney are needed.
Taking Care of Loved Ones after Your Death: Don't Forget Fido and Fluffy
The close bond that develops between a person and their pet is undeniable. Many of us have experienced firsthand the joy and companionship a beloved pet can bring into our lives. In fact, studies show that Pet Facilitated Therapy ("PFT"), in which regular interaction is introduced between the elderly and household pets, such as cats and dogs, results in positive social behavior changes such as a decrease in patients' sense of loneliness and social withdrawal. Regardless of one's age, pets play an increasingly important role in people's lives. As such, you don't want to be left with the following unanswered question: Who will care for your beloved animal companion upon your death?
Estate Planning in Light of a Remarriage: Ensuring the Care of Your Children
The staggering amount of divorces that occur in today's society is all too well known. Depending upon the circumstances that lead to the break-up of any marriage, one may think that getting into another such arrangement would be out of the question. However, this is not always the case. In fact, the Stepfamily Association of America reports that about 43% of all marriages are remarriages for at least one of the adults, and of these, about 65% involve children from a prior marriage.
Don't Bet the Farm: Estate Planning Options for Farmers
Farm life can be daunting and the economic rewards few. Especially disheartening is how difficult it has become to keep the family farm just that - - in the family. This article explores the challenge of passing the farm down from one generation to the next, and reviews important strategies - - such as the Family Limited Partnership - - that every farmer should consider.
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