Estate Planning Blog Articles

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What Is Needed in Estate Plan Besides a Will?

Having a will is especially important if you have young children, says FedWeek’s recent article entitled “Estate Planning Doesn’t Stop with Making a Will.”  In your will, you can nominate guardians, who would raise your children in the event neither you nor your spouse is able to do so.

When designating a guardian, try to be practical.

Remember, your closest relatives—like your brother and his wife—may not necessarily be the best choice.

And keep in mind that you’re acting in the best interests of your children.

Be sure to obtain the consent of your guardians before nominating them in your will.

Also make sure there’s sufficient life insurance in place, so the guardians can comfortably afford to raise your children.

Your estate planning isn’t complete at this point. Here are some of the other components to consider:

  • Placing assets in trust will help your heirs avoid the hassle and expense of probate.
  • Power of Attorney. This lets a person you name act on your behalf. A “durable” power will remain in effect, even if you become incompetent.
  • Life insurance, retirement accounts and payable-on-death bank accounts will pass to the people you designate on beneficiary forms and won’t pass through probate.
  • Health care proxy. This authorizes a designated agent to make medical decisions for you, if you can’t make them yourself.
  • Living will. This document says whether you want life-sustaining efforts at life’s end.

Be sure to review all of these documents every few years to make certain they’re up to date and reflect your current wishes.

Reference: FedWeek (Dec. 28, 2022) “Estate Planning Doesn’t Stop with Making a Will”

Is Estate Planning and Writing Will the Same Thing?

An estate plan is a broader plan for your assets that may apply during your life as well as after your death. A will states where your assets will pass after you die, who will be the guardian of your minor children and other directions. A will is often part of an estate plan, but an estate plan covers much more.

Yahoo’s recent article entitled “How Is Estate Planning Different From Will Planning?” says that if you’re thinking about writing your will or creating an estate plan, it can be a good idea to speak with an experienced estate planning attorney.

A will is a legal document that describes the way you want your assets transferred after your death. It can also state your wishes when it comes to how your minor children will be cared after your death. Wills also nominate an executor who’s in charge of carrying out the actions in your will.

Without a will, your heirs may spend significant time, money and energy trying to determine how to divide up your assets through the probate court. When you die intestate, the succession laws where you reside determine how your property is divided.

Estate planning is much broader and more complex than writing a will. A will is a single tool, and an estate plan involves multiple tools, such as powers of attorney, advance directives and trusts.

Estate planning may include thinking through topics even beyond legal documents, like deciding who has the power to make healthcare decisions on your behalf while you’re alive, in addition to deciding how your assets will be distributed after your death.

Therefore, wills are part of an estate plan. However, an estate plan is more than just a will.

A will is just a first step when it comes to creating an estate plan. To leave your family in the best position after your death, create a comprehensive estate plan, so your assets can end up where you want them.

Reference: Yahoo (Oct. 20, 2022) “How Is Estate Planning Different From Will Planning?”

How to Help Create an Estate Plan

We all have assets that need to go to someone when we die. Without an estate plan, the decision as to who gets your assets is left to state law, explains Money Talks News’ recent article entitled “Why Everyone Needs an Estate Plan.”

You don’t have to delay until you’re gray to get an estate plan in place. Estate planning can benefit you at any age. No one can predict the future, and if the unexpected occurs and you pass at a young age, an estate plan can designate who will get guardianship of your minor children or the pets you leave behind.

Hiring an experienced estate planning attorney who can write up the necessary legal documents may be smart when you decide to put together an estate plan. You can also take these steps to put your estate plan in place.

  1. Make an inventory of your assets — list your tangible and intangible assets and their estimated value. Tangible assets include your home or other real estate holdings, vehicles, fine jewelry and collectibles. Intangible assets are things such as your bank account, life insurance policies, retirement accounts, investments (stocks, bonds, and mutual funds) and businesses you own.
  2. Review your beneficiaries — make certain your retirement account and life insurance policies have designated beneficiaries and the information is up to date.
  3. Review the estate tax and inheritance tax laws in your state.
  4. Review your estate plan regularly — things in your life may change, so you should reassess your estate plan when these changes happen. Life events, such as marriage, divorce, having a child, losing a loved one, or getting a new job, are all good times to take another scan of your estate plan.

Failing to have an estate plan can cause a lot of stress for your family. They can be torn apart in disputes over the division of assets after a loved one dies.

Life is full of unknowns, so whether you’re a young parent or a senior, having an estate plan in place to carry out your wishes after you die will lessen the burden on those you love and give them time to grieve.

Reference: Money Talks News (Oct. 21, 2022) “Why Everyone Needs an Estate Plan”

Can I Contest Dad’s Will While He’s Still Living?

The Maryland Daily Record’s recent article entitled “Wills cannot be challenged until testator dies, Md. appeals court says” explains the Court of Special Appeals said a will or revocable trust is only a draft document until its drafter, or testator, has died.

As a result, those challenging a living person’s will or trust would be merely “presumptive heirs” who have no legal standing to challenge a legal document that’s not yet final.

“Pre-death challenges to wills may be a waste of time – the testator might replace the will with a new one, die without property, or the challenger might die before the testator,” Judge Andrea M. Leahy wrote for the Court of Special Appeals.

The appellate court’s decision was the second defeat for Amy Silverstone, whose legal challenge to her mother Andrea Jacobson’s will was dismissed by a Montgomery County Circuit Court judge for lack of standing.

Silverstone argued that the will should be declared void based on her claim that her aunt unduly influenced her mother. The mother suffers from dementia and memory impairment.

This undue influence led Silverstone’s mother, Andrea Jacobson, to change her will in 2018 to expressly “disinherit” Silverstone and her son, Silverstone alleged.

The mother’s new will stated that Silverstone and her son shall not “in any way be a beneficiary of or receive any portion of the trust or the grantor’s estate.”

The disinheritance came amid a falling out between mother and daughter, according to court documents.

Silverstone’s challenge to the will and related trust is premature while her mother is alive, the court held.

Reference: The Maryland Daily Record (Dec. 12, 2022) “Wills cannot be challenged until testator dies, Md. appeals court says”

Does My Estate Plan Need an ‘ePlan’?

Modern estate plans should include what’s known as an “ePlan” to manage online accounts and online data. There are four specific steps to creating an effective ePlan, says American Legion’s recent article entitled “Estate planning and online accounts.”

  1. Create a List of Accounts and How to Access Them. Your list should specify the username, password account number and a description of what’s included in each account. Make sure to keep this list up to date.
  2. Store and Protect Your Info. Develop a plan for storing information, including saving the list you compiled and backing up important data files and account information. Since an ePlan account list contains sensitive information, such as usernames and passwords, it’s important to maintain the security and confidentiality of this list.
  3. Designate a Digital Executor. The laws of many states give access to online accounts to the executor of an estate. However, in some cases, state law may restrict access, if the executor doesn’t have the password or an estate plan does not clearly grant powers to the executor to access these accounts.
  4. Give Your Executor “Digital Directions.” Draft a letter of instruction to the digital executor and tell him or her how to manage your online accounts and digital assets. It may also include suggestions on the distribution of accounts, assets, files and information to family.

Note that Google, Facebook, Twitter, Apple and other companies have policies for when an account holder dies. These policies may permit an account holder to designate a “Legacy Contact” to manage the account; require specific documentation before a deceased person’s account can be closed, such as a copy of a death certificate; or automatically close an account after an extended period of inactivity, such as three months.

Digital estate planning is a new and dynamic field. By adding an ePlan to your estate plan, you can be certain your executor will take the right steps to preserve and protect these accounts and that valuable and sentimental data can be passed on to family and loved ones.

Reference: American Legion (Dec. 13, 2022) “Estate planning and online accounts”

Are My Children Entitled to My Money?

Let’s say that one of your children hasn’t had contact with you since COVID in 2019. She’s been off the radar and never calls. You may not feel obligated to give them an inheritance.

Nj.com’s recent article entitled “We want to cut one child out of our will. Can we?” says that adult children aren’t legally entitled to an inheritance.

Unfortunately, will contests generally happen where a child who’s left less, or disinherited, thinks that a sibling has wrongly influenced a parent to leave more to him or her.

This is particularly problematic if the parent is elderly and/or in ill health and completely reliant on that child for assistance.

A will contest is a probate proceeding where interested parties dispute the validity of a will.

The most common legal grounds for disputing the validity of a will are undue influence, duress, mistake and the decedent’s lack of capacity when they signed the will.

To properly avoid a will contest, you should work with a qualified estate planning attorney who will document his or her file and prepare a will for you with appropriate language.

Note that it isn’t necessary or advisable to provide an explanation as to why you’re disinheriting a child. That’s because if you give a reason, that reason may cause controversy.

If avoiding litigation is a priority, as an alternative to totally disinheriting a child, your attorney can also talk with you about the different forms of “no-contest” clauses that can be placed in a will.

This clause, also called an `in terrorem’ clause, indicates that if a beneficiary raises a claim with respect to the will, he or she will lose his or her inheritance.

There’s also typically a time limit to contesting a will. For example, in Minnesota, those with standing who want to contest a will must do so within a year after the death of the deceased person.

For a no-contest clause to be effective, a child must be a beneficiary of some amount in your will.

The courts will uphold this clause, unless it finds there is probable cause for bringing a court action.

Reference: nj.com (Dec. 2, 2022) “We want to cut one child out of our will. Can we?”

Can I Leave Money to My School in My Estate Plan?

Mahlon “Jack” Kohler passed away in September 2021, at the age of 96. In his will, he left $40,000 to Northeast Community College in Norfolk, Nebraska for nursing and optometry scholarships. The gift has been placed in an endowment and will provide assistance for nursing students in perpetuity.

News Channel Nebraska’s recent article entitled “Norfolk man leaves $40,000 to Northeast Community College for nursing scholarships” reports that, prior to graduating high school, Mr. Kohler was called to duty by the United States Navy in 1943.

After basic training, he was sent to the Pacific Theatre where he was stationed at Guadalcanal, New Guinea, Russell and Amerilites Islands. He then returned to the Brooklyn, New York Naval Base in 1945. He received an honorable discharge on May 6, 1946.

After his discharge from the Navy, Mr. Kohler moved back to Norfolk and worked for American Optical Company for 33 years. He was recognized as a World War II Honorary Sentinel in front of over 86,000 fans at Memorial Stadium in Lincoln during a Cornhusker football game just after celebrating his 95th birthday.

“Jack lived in the Norfolk area for many years and was always fond of education,” said his stepson, Ronald Kotrous. “He decided to choose nursing (for his benevolence) because of the people. In the last few years, they were really good to Jack and to my mom, so they wanted to give back to that community.”

“Endowed scholarships are a great way to create a legacy,” said Dr. Tracy Kruse, vice president of development and external affairs at Northeast and executive director of the Northeast Foundation. “The principal of an endowment is invested, and scholarships are paid from the earnings.”

Kruse encouraged others to consider Northeast Community College in their estate planning.

“Planned giving provides an opportunity to make a large gift while still caring for your loved ones,” she said. “An estate gift is probably the largest charitable donation you will ever make, and the best opportunity to leave a lasting legacy.”

Reference: News Channel Nebraska (Nov. 29, 2022) “Norfolk man leaves $40,000 to Northeast Community College for nursing scholarships”

Giving to My Favorite Charity in Estate Plan

If you’d like to leave some or all of your money to a charity, Go Banking Rates’ recent article entitled “How To Leave Your Inheritance to an Organization” provides what you need to know about charitable giving as part of your estate plan.

  1. Make Sure the Organization Accepts Donations. Unless you have a formal agreement with the charity stating they’ll accept the inheritance, the confirmation isn’t a binding commitment. As a result, you should ask the organization if there’s any form language that they may want you to add to your will or trust as part of a specific bequest. If the charity isn’t currently able to accept this kind of donation, look at what they will accept or if other charities with a similar mission will accept it.
  2. Set the Amount You Want the Charity To Receive. Some people want to leave the estate tax exemption — the maximum amount that can pass without tax — to individuals and leave the rest to charity. Because the estate tax exemption is subject to change and the value of your assets will change, the amount the charity will get will probably change from when the planning is completed.
  3. Have a Plan B in the Event that the Charity Doesn’t Exist After Your Death. Meet with your estate planning attorney and decide what happens to the bequest if the organization you’re donating to no longer exists. You may plan ahead to pass along the inheritance to another organization and make sure it receives the funds. You could also have the inheritance go back into the general distributions in your will.
  4. State How You Want Your Gift to Be Used. If there is a certain way that you’d like the charity to use the inheritance, you can certainly inquire with the organization and learn more. Find out if the charity accepts this type of restriction, how long it may last and what happens if the charity no longer uses it for this purpose.

As you draft charitable planning provisions, make sure you do so alongside an experienced estate planning attorney.

The provisions in your will should be specific about your desires and provide enough flexibility to your personal representative, executor, or trustee to be modified based on the conditions at the time of your death.

Reference: Go Banking Rates (August 26, 2022) “How To Leave Your Inheritance to an Organization”

The Basics of Estate Planning

No matter how BIG or small your net worth is, estate planning is a process that ensures your assets are handed down the way you want after you die.

Forbes’ recent article entitled “Estate Planning Basics” explains that everybody has an estate.

An estate is nothing more or less than the sum total of your assets and possessions of value. This includes:

  • Your car
  • Your home
  • Financial accounts
  • Investments; and
  • Personal property.

Estate planning is the process of deciding which people or organizations are to get your possessions or assets after you’ve died.

It’s also how you leave directions for managing your care and assets if you are incapacitated and unable to make financial or medical decisions. That is done with powers of attorney, a healthcare directive and a living will.

Your estate plan details who gets your assets. It also designates who can make critical healthcare and financial decisions on your behalf should you become incapacitated. If you have minor children, your estate plan also lets you designate their legal guardians, in case you die before they reach 18. It also allows you to name adults to safeguard their financial interests.

Your estate plan directs assets to specific entities or people in a legally binding manner. If you want your daughter to have your coin collection or your favorite animal rescue organization to get $500, it’s all mapped out in your estate plan.

You can also create a trust to safeguard a minor child’s assets until they reach a certain age. You can also keep assets out of probate. That way, your beneficiaries can easily access things like your home or bank accounts.

All estate plans should include documents that cover three main areas: asset transfer, medical needs and financial decisions. Ask an experienced estate planning attorney to help you create your estate plan.

Reference: Forbes (Nov. 16, 2022) “Estate Planning Basics”

What Is Wife of Chrysler Building Billionaire Owner Entitled to Under Prenup?

Sixty-two-year-old Michael Fuchs and 47-year-old Alvina Collardeau-Fuchs, who are in the process of divorcing, lived the “billionaire lifestyle” during their marriage with a string of luxury properties around the world, reports The Digital Journal’s recent article entitled “French wife of Chrysler Building billionaire owner entitled to £37 mn under prenup.”

Money was “never a concern” and the couple enjoyed “fully staffed homes” in fashionable locations such as the Hamptons, New York City, Paris, Miami, Cap d’Antibes, Capri and London.

Fuchs is originally from Germany but moved to the U.S. in the 1990s. He and former journalist Collardeau-Fuchs married in New York in 2012 and went on to have two children. However, they separated in 2020, and the High Court in London was asked to rule on the amount to which Collardeau-Fuchs was entitled. Fuchs’ lawyers argued his estranged wife should get about $36 million, but she claimed it should be more than $53 million.

Despite the two having signed a prenuptial agreement, accusations have been lobbed both ways, including Collardeau-Fuchs’ alleging that Fuchs tried to control her spending and made her daily life “intolerable.”

At one hearing, the court heard that Fuchs had enjoyed an “extraordinarily successful career” and owned a “very significant amount of prime mid-town Manhattan real estate”. In fact, the Art Deco Chrysler Building on the East Side of Manhattan, one of New York’s most distinctive landmarks, is owned by Fuchs’ company. However, Fuchs said the value of his fortune had plummeted recently due to the turbulent economic climate.

Such litigation is usually avoided with a properly drafted prenuptial agreement.

A prenuptial agreement is a legal agreement between two partners engaged to be married and is effective upon marriage.

A prenup [also known as an antenuptial agreement or premarital agreement] can set out the property rights and financial arrangements upon which the engaged couple has agreed.

It also allows the couple to contract for themselves–how they want their property, assets, income and inheritance to be viewed or considered in their marriage.

Reference: Digital Journal (Nov. 14, 2022) “French wife of Chrysler Building billionaire owner entitled to £37 mn under prenup”