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What Successful People Do
The article briefly looks at a few billionaires, that all of them have in common that they plan, and that they have done estate planning. The article goes on to show how with Legacy Wealth Planning the reader can do them one better.
MOREJoint Tenancy - Joint Problems
Joint tenancy avoids probate and seems like a simple solution. Howver, adding a joint tenant adds all sorts of unforeseen problems.
The Prime of Life
This article recites the tragic story of Heath Ledger and how he omitted his daughter from his Will.
IRS Clamps Down on Wesley Snipes and Other Tax Protesters
This article highlights the recent trial of Wesley Snipes on criminal tax protester charges and transitions into a discussion of the fraudulent promotion of trusts, such as "pure trusts," "constitutional trusts" and "common law trusts" as a purported means of avoid income taxation. The article concludes by recommending that the consumer consult with a knowledgeable estate planning attorney for the preparation of their trust and estate plan.
The Debate Continues and the Future of the Estate Tax Remains Uncertain
This article discusses the uncertainty created by EGTRRA and the likelihood (or lack thereof) of a fix from Congress in 2008. The article discusses the arguments for and against the complete repeal of the estate tax and the likelihood that Congress will not act until after a new President is elected. The article closes by encouraging consumers to see an experienced estate planning attorney for their needs.
The Passing of a Loved One
The article examines the seven elements which may be included in an estate plan: Health Care Power of Attorney, HIPAA Power, General Durable Power of Attorney, Revocable Living Trust, Pour Over Will, Funeral Trust, and Legacy Plan.
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.
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."
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.
Decisions, Decisions, Decisions...
This article looks at the factors people consider when making estate planning decisions.
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.
Protecting Your Children from Their Nightmares…and Yours
The article examines statistics regarding divorce in America and how to protect your children from divorce. It examines setting up a divorce protection trust for them as well as using a marital trust for second marriages for your own assets.
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.
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.
Is a Power of Appointment the Same as a Power of Attorney?
The article examines a few legal terms that can be confused, like Power of Attorney, Attorney in Fact, and Power of Appointment. The article examines the terms and specifically, how Powers of Appointment can add flexibility to a plan.
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.
To Roth or Not to Roth, That is the Question
The article examines the Roth IRA and recent developments that have expanded the concept, such as the Roth 401(k) and the ability to convert from a regular IRA in 2010.
Do it the Right Way
This article examines the life of tobacco heiress Doris Duke and a couple mistakes she made in planning her estate.
A New Way to Give
This article examines new opportunities for charitable giving directly from an IRA.
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.
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.
My Attorney Does Not Practice Law Anymore: Now What?
The article instructs the reader what to do when their attorney does not practice anymore. It suggests finding a new attorney right away. It stresses finding someone with whom they feel comfortable and who gets lots of Continuing Legal Education.
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.).
Preparing for Health Needs
The article looks at the financial and legal ways to plan for illness. As part of the financial portion, the article examines the use of Health Savings Accounts. As part of the legal portion, it examines the use of health care powers of attorney and health care directives.
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.
Handling Matters After the Death of a Loved One: Just Do It
The article examines the need to administer an estate or trust in a timely manner. It looks at several pitfalls resulting from inaction after someone's death, including not filing tax returns, not notifying creditors, etc.
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.
Preserve Your Wealth with Medicare Part D
The article provides a basic overview of Medicare Part D and why it is important from an estate planning perspective.
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.
Is Estate Planning for Me?
This article examines various reasons people think estate planning is not for them, such as they aren't married or don't have money. It explains why they need estate planning.
New State, New Estate Plan?
This article examines how moving from state to state may impact an estate plan.
Estate Planning is Life Planning
It seems like there is always some discussion in Congress about changing the estate tax. There even have been proposals to eliminate the tax permanently. If Congress ever eliminates the tax, does this mean that there will no longer be a need for estate planning? No, it does not.
Should I Leave Everything to My Spouse?
The article examines the tension between leaving assets outright to a spouse and leaving them in trust. It discusses creditor and divorce protection. The article also discusses allowing the surviving spouse to appoint the assets in the trust.
You May Be Worth More Than You Think
The article examines the Millionaire Next Door and their characteristics. It recites statistics about millionaires and their increasing numbers in the United States. It finds that one characteristic of millionaires is that they plan. The article discusses the need to do estate planning.
Could Your Hospital Kill You?
The article examines the case of a Florida man whose hospital went to court to enforce his living will. His wife / health care agent wanted him kept alive. The court allowed the hospital to disconnect the man, causing his death. The article examines the importance of establishing whether the Living Will or health care agent should have the last word.
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.
Open Communication Avoids Disputes
The article examines the need for clear and open communication with beneficiaries and fiduciaries. Study cites statistics indicating a higher incidence of disputes when beneficiaries are kept in the dark.
The Problems of Giving Everything Away
This article examines a case of a woman who titles everything in the name of the children. It examines why joint title and giving everything away may not be the best course of action.
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.
Why is My Trust so Long?
Examines why a trust document must be long in order to be clear. Gives
examples of issues requiring clarification.
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.
Win a FREE Estate Plan!
Trust mills mislead seniors and bilk them out of their retirement. The article compares practices of trust mills and those of legitimate, quality estate planning attorneys, and how to tell the difference.
Honest Discussion About Funerals
Pre-planned funerals may be the best way to go. It reduces friction and makes sure things happen the way you want. Further, it provides Medicaid planning opportunities.
Want Privacy? Use a Trust
Wills without trusts are open to public scrutiny. The article examines why the client may not want this public scrutiny. Further, the article looks at 8 provisions in famous people's wills which all are a matter of public record.
SuperBowl Champ’s Final Pass Incomplete
This article examines the life and death of Jack Kent Cooke and his $1.3 billion estate. It tells the tale of his expensive, drawn out probate and what could have been done to achieve a better result.
Study Shows Most Americans Unprepared
This article examines the percentage of Americans with various basic estate planning documents and explains each document.
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.
Home Sweet Home
This article looks at the various tax and asset protection aspects of a home, such as gain exclusion, bankruptcy exemption, QPRTs, etc.
Leaving a Legacy
If you want to leave a legacy, consider a dynasty trust to gain tax advantages and creditor protection.
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.
Planning for the Unthinkable
None of us wants to contemplate that we might become ill or incapacitated. But illness or disability can strike us without warning. Illnesses, injury, and tragedies occur to countless Americans each day. Some are caused by completely unexpected events, like the collapse of a bridge or a house fire. Others are caused by the ravages of time which remind us of our own mortality. While these events may be unavoidable, the impact can be lessened somewhat if we take steps now to plan ahead.
My Child is 18, Now What?
It seems like just yesterday your son or daughter was a toddler and you were beaming with pride as they took their first wobbly steps. You have been there for them as they had their first day of school. You were there when they skinned their knee sliding into first base in little league. You helped them learn how to ride a bicycle and watched as they teetered down the driveway, hoping they would not fall (or crash into your car that you had forgotten to move to the safety of the garage). You were there as they grew faster than you ever thought possible. Soon they were driving, as evidenced by a few extra gray hairs on your head. Now, they are reaching adulthood, their 18th birthday.
The Best Laid Plans
Robert Burns, the famous 18th century Scottish poet, wrote "the best laid plans of mice and men often go awry." This statement holds true in most areas of life, including estate planning.
Save Taxes and Money, Too
Americans are always looking for new ways to save taxes. Beginning in 2004, there
is another way to save taxes when you save money—Health Savings Accounts
(“HSAs”). With an HSA, you can save for medical emergencies on a tax-free
basis.
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.
Family Torn Apart by Simple Oversight
On December 3, 1963, Mary and Robert Schindler gave birth to a wonderful baby girl, Theresa Marie. Terri grew up in Pennsylvania and had a typical childhood playing with her brother and sister and the family pets. As a teenager, she loved music and did artistic sketches. In November 1984, just shy of her twenty-first birthday, Terri married Michael Schiavo. Terri seemed to have everything going for her. At age twenty-nine, Terri was living in Florida with her husband and had a job she liked.
New Privacy Regulations: How to Protect Yourself
The federal government often passes legislation that is designed to protect us. However, all too often, that legislation can have unintended consequences. Recent federal laws and regulations have created new privacy protections for medical information. The Health Insurance Portability and Accountability Act and regulations to implement it, known as “HIPAA,” recently came into effect. Now all “covered entities” must comply with strict rules or face fines and potential criminal penalties. “Covered entities” include your physicians and hospitals. Penalties for mistakes run from a $100 fine for an innocent error up to a $250,000 fine and 10 years in prison for malicious misconduct.
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.
Katharine Hepburn's Private Life and Public Death
Katharine Hepburn was a legend of stage and screen whose career spanned several decades. Hepburn's best-known films included (1933), The
Philadelphia Story (1940), (1951), (1967), and (1981). She and her films were a reflection of American society, from early innocence to the stresses of
the civil rights movement to issues on aging. Katharine Hepburn, a private and
independent woman, forged a path for gender equality and in so doing became a role model for millions of Americans.
It Can Happen to the Best of Us
We all think our families can get along, when it really matters. We think that family frictions will fade into the background and we can pull together. However, sometimes family frictions erupt at the death of a parent or grandparent and can result in challenges to the estate plan. This can even happen to the best of us.
Privacy Protections: Don’t Be Overprotected
Recent federal laws and regulations have created new privacy protections for your medical information. These laws are known as “HIPAA” (Health Insurance Portability and Accountability Act). Now physicians, hospitals, health insurers, and other “covered entities” must comply with strict rules or face fines and potential criminal penalties. An innocent mistake would incur a fine of $100. More serious breaches of privacy, such as releasing information for malicious harm, could result in fines of up to $250,000 and 10 years in prison. Understandably, health care providers are being extremely careful about the release of medical information in the face of such penalties.
The Basics of Basis
Most of us have heard the term “basis” before but are not really sure what it means. While it has a meaning in common parlance, it also has a technical meaning for tax purposes. “Basis” is the benchmark from which the taxation of property is determined upon disposition. If you sell the asset for more than your basis, you have a taxable gain. Conversely, if you sell an asset for less than your basis, typically you have a tax loss.
Give Undue Influence Due Consideration
It is natural for people who have a close relationship to want to benefit each other. However, sometimes, people can try to use a close relationship to try to take advantage of the other, more vulnerable person.
Disinheritance Is a Serious Option
Most people are seeking the best way to get assets to their loved ones. However, sometimes the best way to do that is by disinheriting or threatening to disinherit someone.
Basic Planning for Unexpected Tragedy
None of us ever expects tragedy. Some of us plan in case it strikes us. But we never really expect it to happen to us. But, on February 25, 1990, tragedy struck Terri Schiavo and her family. At 26, Terri was a woman in the prime of her life enjoying a beautiful day in Florida. However, on that fateful day Terri’s heart inexplicably stopped beating. She became comatose and unable to communicate.
Preserving the Family Home from Medicaid Recovery
Many of us fear that as we age we will need medical assistance. We strive throughout life to maintain insurance to pay for medical expenses while trying to save. Many of us also want to leave something for our children, so that they have an easier time in life than we did starting out. Perhaps the most meaningful asset to leave is the family home, for emotional as well as economic reasons.
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.
Estate Planning: Minimizing Taxes Is Only Part of the Equation
When our national or state law-making bodies begin talking about decreasing or increasing estate taxes, a flood of reaction pours out in anticipation. Throughout our history of legislation, there have been few moments of anticipation worth the hoopla. Estate taxation laws are rarely changed for the benefit of the taxed. Yet every time a change is proposed, many people delay, or entirely ignore proper estate planning in anticipation of what never happens.
A Power of Attorney or the Powers That Be . . . Make the Right Choice
It’s likely that you’ve heard of the Power of Attorney (POA). Most people have. We generally assume it’s a way for someone else to take control of our assets if we become incapacitated or, as we often see in the movies, we are “declared incompetent.” This can be true, but there’s a lot more to it than that. The POA is a way for you (the principal) to give some control of your assets or your medical care to another person (the agent or attorney-in-fact).
Silence Isn't Golden in Estate Plans
Remember that old snickering definition for "assume"? There are few areas where assumptions do more damage - or make lawyers look more foolish - than estate planning.
Property Powers of Attorney Require Careful Attention
Have you ever thought about who will manage your property if you are injured or otherwise unable to manage it yourself? If not, it is never too early to take the proper estate planning steps. You may hear arguments about the benefits of a living trust versus a will or a will versus a living trust, but all estate planners agree that a properly prepared estate plan will include a property power of attorney. A property power of attorney is a document in which you appoint the person of your choice to make decisions about your property when you are unable to do so.
Facing Reality: The Essence of Family Business Succession Planning
Many articles have been written about the importance and benefits of buy-sell agreements, deferred compensation agreements and life insurance in family business succession planning. While these may prove valuable in planning for the transition of a family business from one generation to another, none will come into play until the business owner is prepared to face reality.
Beware of Door-to-Door Scams
In recent weeks, a highly trained network of door-to-door scam artists has been selling estate planning documents to residents in Texas, California and Hawaii. Consumers should seek estate planning assistance only from a qualified attorney whose practice is focused on estate planning.
Ending Well: Living Wills and Other Strategies for Controlling Your Own Destiny
A recent American Medical Association study reveals that American consumers aren't getting the control they think they've achieved with the Living Will. In fact, the AMA's study found that doctors often ignore patients' Living Wills and provide invasive medical procedures, even when they know this treatment is contrary to patients' wishes. The solution may well be the Health Care Power of Attorney. Timely, topical and of great interest to readers.
Charity Begins at Home: How to Do Well For Yourself by Doing Good for Others (Long)
The tax advantages and other benefits of Charitable Remainder Trusts are thoroughly discussed in this article. This download is a ZIP file containing a long and a short version, both in Microsoft Word format.
What Every Senior Should Know About Probate
Why Seniors have even better reasons than most to avoid Probate is the subject of this article.
What Every Consumer Should Know About Probate
Just what is probate? It's a legal process used to dispose of your property when you die. If you own property in your own name, then probate will be required whether you die with a will or without one. Probate is also used to determine your fate and manage your affairs if you should become incapacitated and unable to do so for yourself.
The Power of Attorney: When and How to Use It
The Power of Attorney has an important role to play in many consumers' estate plans. But there's a time and place to use it, and there are times when other options are better.
How to Avoid the Nightmare of Living Probate
For clients who need yet more proof that the Living Trust is the estate planning tool of choice, here's an exploration of the trauma that living probatre wrecks on those who must endure it. It runs approximately 1,475 words, but can easily cut to a shorter length if necessary.
Where There's a Will, There's Probate
This article contrasts the estate planning advantages of the Revocable Living Trust over wills.
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