Articles Posted in Estate Planning

Reality Star Feuds with In-Laws in Estate Fight

Published on: November 3, 2011 | by Ettinger Law Firm

Last month Forbes discussed an estate feud that brewed followed the suicide death of a reality show star. Late this summer, the 47-year old star of “Real Housewives of Beverly Hills,” Russell Armstrong, took his own life. His wife, Taylor Armstrong, had filed for divorce shortly before the death. However, the divorce was not final at the time of Mr. Armstrong’s passing, meaning that per the rules of the state she was the next of kin. As such she maintained a certain level of control over his affairs–including his funeral and burial plans. Without instructions to the contrary in estate planning documents, even estranged spouses may maintain this control.

Making matters worse in this situation, it appears that Mrs. Armstrong never maintained a good relationship with her former husband’s family. As a result, she did not initially tell the family about the funeral, burial, or memorial plans. The man’s parents and siblings wanted his remains buried in his home state of Texas, but Mrs. Armstrong claimed that she wanted to bury him in Los Angeles. It remains unclear exactly how the ugly situation will be resolved.

Unfortunately, the burial dispute may be just the beginning. Depending on Mr. Armstrong’s estate planning documents, his estranged wife may still be entitled to inherit most of his assets. That is why it is important to seek out professional help in the middle of a divorce. Otherwise, there is no telling what might happen. As the article notes, “Fights over the estate of someone who passed away in the midst of a divorce are especially common.” Other recent high-profile examples include the deaths’ of Dennis Hopper and Gary Coleman.

Federal “Super Committee” May Target Gift Tax in Deficit Reduction Scheme

Published on: November 1, 2011 | by Ettinger Law Firm

The gift tax has implications in a variety of New York estate planning situations, from deciding the best way to provide aid to loved ones to conducting business succession planning. As with many other tax issues, timing is important because lawmakers at the federal and state level can change these rates. While the risk of rate changes always exists, there has been significant discussion as of late about a variety of potential changes involving the 12-member federal “Super Committee.” The Super Committee has been charged by Congress with reducing the federal deficit by $1.5 trillion over the next ten years. To do so, the group will have to enact a combination of spending reductions and tax changes. No matter what combination they ultimately decide upon, it is highly likely that their work will have effects on local residents crafting their New York estate plan.

For example, last week the Wall Street Journal’s Market Watch published a story explaining proposed changes to gift tax exclusions. The specific committee meetings are mostly private, so some of the recent thoughts on the committee’s actions are speculative. However, it is known that one of the President’s proposed recommendations to the committee includes reducing the estate, gift, and generation-skipping transfer tax thresholds. The proposal would reduce the tax-free gift threshold to its 2009 level of $1 million. Currently the tax-free threshold is supposed to stay at $5 million until the end of 2012. However, many are speculating that the committee may decide to return the exclusion back to $1 million a year early as a cost-saving measure.

The story’s author summarizes the changes by noting, “Overall tax planning and gift tax thresholds that are now available could be at risk for families…not much good can come from the committee’s recommendations from a wealth preservation perspective.” Clearly, the potential actions by this group may make it important for some local residents to take long-term financial actions now. Our New York estate planning attorneys urge all community members who may be affected by these changes to visit with a professional to either create a plan or update an existing one. Depending on the advice received, it may be prudent to accelerate planned lifetime gifts, review estate-tax funding mechanisms, or otherwise revise estate plans.

Economic Uncertainty Leads to Rise in Estate Planning Interest

Published on: October 27, 2011 | by Ettinger Law Firm

An article this week from West Fair Online explained how professionals working with residents on financial issues have seen a significant increase in demand for their services as of late. While there may be a tendency among some to become paralyzed when the economy is so volatile, many others view the instability as a time to act prudently and plan ahead as much as possible. The article reports what our New York estate planners have long known: the need to have an estate plan remains strong regardless of the circumstances.

Experts know that the need for prudent planning is perhaps even more important at times like these, when there tax and policy uncertainties at the local, state, and federal levels. One planner interviewed for the story explained how in turbulent financial times “the area’s residents should have a vested interest in knowing what the stakes are for their assets.” While those residents at the top income levels are often more aware of how the laws affect them, many middle class families have just as much to gain by using the legal tools available to plan their financial future and save taxes in the long-term.

Most observers have applauded the steady rise in estate planning awareness. However, there are still a few groups which continue to neglect their planning needs. For example, many local small business owners continue to miss out on opportunities to visit with a New York estate planning lawyer to take care of long-term financial goals. Of course, small business owners wear many hats. Rarely do they have time to accomplish everything on their “to do” list each day. Yet, many benefits have been reported by those who have carved out time to visit with financial professionals to protect assets, create a succession plan, and conduct similar tasks.

Proposed Tax Policy Changes May Affect Future Options for Estate Planners

Published on: October 25, 2011 | by Ettinger Law Firm

Any time is a good one for local residents to conduct New York estate planning, because no one can say with certainty what tomorrow will bring. Having a plan in place provides the peace of mind of knowing that affairs will be handled no matter what the future holds. However, as reported this weekend in the New York Times, proposed federal tax changes should act as even more motivation to take advantage of planning options now which may not be available in the coming years.

National policymakers continue to disagree about budget deficit reduction strategies, with countless variations of tax increases and spending cuts proposed. No one can say with any confidence what may happen. However, experts continue to explain that it is always advisable to plan for what is known and not for what one speculates might happen. A variety of tax changes may go into effect next year or the following year, and so it may be advisable to take steps now to plan for their long-term financial affairs. A key part of that process for local residents involves visiting a New York estate planning lawyer to have a plan created or updated.

For example, observers note that it may be advantageous for those thinking of transferring ownership of a company or other property to adult children to do so in 2011 or 2012 while there is a $5 million exemption from gift taxes. At the current schedule by 2013 that exemption will drop to only $1 million and the tax rate itself is set to increase from 35% to 55%. As an experienced New York estate planning lawyer can explain, personal gifts may be an important part of reducing eventual estate taxes. Individuals can give up to $13,000 annually without tax to anyone, and couples can double that amount. One expert explained that a popular way that parents and grandparents can utilize the $13,000 annual exclusion is to set up a Roth I.R.A. for a student who has a side job. As long as the relative has some earned income, than an I.R.A. account may be opened for them.

New York Estate Planning Best Done Before Health Declines

Published on: October 21, 2011 | by Ettinger Law Firm

When it comes to New York estate planning, timing matters. While it is always better to conduct some long-term financial and well-being preparation than none, there is a large benefit to handling the planning while one is still capable. This means before a medical emergency strikes. Of course, it is also necessary to regularly update the plan so that it accounts for changes in life circumstances. On Wednesday, Forbes published an article that emphasizes the importance of planning before a serious medical or financial setback makes things more complicated. The article was part of a week-long series shared to promote National Estate Planning Awareness Week.

Our New York elder law estate planning attorneys help seniors every day who want to ensure that their long-term financial affairs are in order and to bring peace of mind by planning for end of life care. However, we are aware that a large segment of the population still has not taken the time to make necessary preparations. According to the National Association of Estate Planners & Councils, more than 120 million Americans have not created or properly updated their estate plans. While it remains tough for many residents to discuss these topics, there is far too much to gain to put off having conversations about long-term needs.

If you have an elder relative who has not yet crafted an estate plan or made preparations for long-term healthcare, it is often helpful to gently mention the benefit of the planning effort to them. Many residents wait too long to take action and fail to have any plan in place when they fall into poor health and need special care services. Having plans in place ahead of time, before a major illness, often means that the senior can preserve a much larger portion of their savings and can receive the best available long-term care that maximizes their quality of life.

New York Estate Plan Lawyer Shares Value of Business Succession Plans

Published on: October 19, 2011 | by Ettinger Law Firm

Many local residents believe that crafting a New York estate plan only involves making of list of who will receive what at death and taking steps to ensure that taxes are saved in the process. While these issues are all important aspects of long-term planning, many others factors are also considered. Our New York estate planning lawyers tailor each plan uniquely to every new client, and no two community members are exactly the same. For example, many local families own and run businesses. It is incredibly important for these families to work on proper business succession planning when they consider their long-term preparations.

This weekend the Times Herald-Record published an article written by our New York estate planning attorney Bonnie Kraham, Esq, that explores the importance of business succession planning. Attorney Kraham explains how only a minority of family-owned business survive beyond the first generation. While 90% of all American businesses are family owned, 70% of them will end when the founding family member passes on. Only 15% of those current businesses will make it to a third generation. A large part of the declining rates and lack of longevity is the failure of many of these companies to have a business succession plan.

These plans take time, as the original entrepreneur should be around to help monitor the next generation for five to ten years while the process unfolds. A good rule of thumb is for the elder member to begin implementing the changes around the age of sixty. Of course the actual plan itself should be a collaborative process with input from the entrepreneur as well as the successors. There are many different variables to take into account, including the feelings, ambitions, and goals of all those involved. When done well the plan should also include input from a variety of professionals. Lawyers are necessary for the estate planning and agreement preparation, accountants should consider taxes, and financial advisors can determine the best investment strategies.

New York Estate Plans Tailored for Those with Multiple Sclerosis

Published on: October 17, 2011 | by Ettinger Law Firm

No two New York estate plans are exactly the same. Proper long-term planning demands that each unique life circumstance and family issue be considered and incorporated into the legal preparations. For example, our New York estate planning attorneys have helped many families over the years make special arrangements to provide assistance for family members who suffer from a wide range of disabilities. For nearly two decade residents in our state have been able to set up special trusts so that a disabled loved one could receive an inheritance without disqualifying them from government benefits. Unlike in the past, there is no need for parents to disinherit disabled children or other family members out of fear of losing access to Social Security and Medicaid.

This weekend Forbes published an article reiterating the value of estate planning for all area residents. It was noted that a professional estate planning lawyer should always be consulted so that these plans can be tailored to one’s unique needs. As explained, this is particularly important for those living with disabilities or chronic illnesses. Families dealing with these issues are often forced to live day-to-day, because their medical problems come with a large amount of uncertainty. Ensuring that proper estate and financial plans are in place is one of the few ways that many of these families can provide some degree of certainty to their future.

For example, many New York families have loved ones living with multiple sclerosis (MS). It is a problem that flies under the radar, because as experts at the National Multiple Sclerosis Society explain, “some people do not understand that 96% of the symptoms of chronic illnesses are invisible.” For those with MS one of the most common systems is referred to as “exacerbations.” These are sudden attacks of fatigue. This fatigue is unlike normal tiredness, and instead it constitutes a complete exhaustion which makes it impossible for many suffers to function normally. It remains the number one reason why people with MS leave the workforce.

Steve Jobs Likely Paid No Estate Taxes By Using Trusts in Estate Plans

Published on: October 12, 2011 | by Ettinger Law Firm

News spread quickly last week of the death of Steve Jobs, the popular technology guru who pioneered so many technological marvels with Apple and the animation company Pixar. While Mr. Jobs was a billionaire, those familiar with his estate planning affairs explain that even middle class families have much to gain by following his lead in planning for their long-term financial affairs. For one thing, no one knows exactly what Jobs decided to do with his affairs, because by using trusts he was able to keep his business out of the public eye. As reported in The Trust Advisor, one man familiar with the situation explains, “Privacy was such a big part of his life and his career. And if everything passed through one or more trusts, there would have been no probate fee…and no will to be read (publically).” You do not have to be a billionaire to achieve this privacy by utilizing alternatives to a will. Our New York estate planning lawyers have helped many local families in our area do just that over the years.

On top of the ability to make decisions privately, Mr. Jobs plan also highlights the way that preparation can help avoid taxes. Most believe that his roughly $6 billion estate will likely pay no estate taxes. Estate taxes continue to make news nationwide as lawmakers debate over changes in the rate and the levels at which the tax kicks in. However, steps can be taken to essentially eliminate the assets that are counted toward those taxes, making it possible to avoid these taxes altogether. The New York estate planning attorneys at our firm can explain what specific steps should be done in your individual case to ensure as much wealth as possible passes on to those who you’d like to receive it.

Mr. Jobs estate planning is also a good example of how each plan is entirely individualized to account for the unique goals, desires, and perspectives of the one from whom it is crafted. No one yet knows how his fortune will be divided down the road. All that is known is that before his death Mr. Jobs’ attorneys moved 5.5 million shares of Apple, 138 million shares of Disney, and various real estate holdings into trusts. It is unknown who the trustee is now that Mr. Jobs has passed. Those familiar with the situation explain that Mr. Jobs had indicated distaste for dynastic plans that would have kept the fortune entirely locked up down the ages. Instead, most suspect that a philanthropic enterprise may be created with much of the assets, perhaps to assist other technology start-ups. No matter what, it is assured that Mr. Jobs plan was a reflection of his own values, something that he shares with every other community members who takes the time to craft their estate plan and consider their long-term legacy.

National Estate Planning Awareness Week is Shares Importance of Long-Term Planning

Published on: October 10, 2011 | by Ettinger Law Firm

Any time is a good time to consider your family’s financial future and to plan for inheritances. Our New York estate planning attorneys continue to help clients save money and gain the peace of mind that comes with knowing that a plan is in place to guarantee that one’s wishes will be carried out down the road. However, there remain many local residents who are still unsure if they need to craft a New York estate plan. Discussions about death and asset transfers are naturally an uncomfortable topic, but it is hard to overestimate the benefit that a family can gain by handling these issues ahead of time.

Sharing information about the importance of the task is one of the main goals behind the National Estate Planning Awareness Week. As discussed this week in the Review Journal, the yearly program is sponsored by the National Association of Estate Planners & Councils (NAEPC) and is slated this year for October 17th to the 23rd. Besides sharing basic information about the value of estate planning, the NAEPC also hopes to use the week to educate the public on the best ways to develop productive relationships with their planning professionals. For one thing, it is always very helpful to gather personal and financial information together in one place before meeting with the professional. That information includes a list of assets and liabilities, retirement plan information, life insurance policies, property deeds, income tax returns, business agreements, and similar materials.

On top of these records, all community members should also do some thinking about their goals and concerns before beginning the process. On the most basic level, one should consider who they would like to receive an inheritance and what specific items they would like to pass along. A large part of that process includes consideration of the unique situations of certain family members that make it reasonable for them to receive more or less of an inheritance. In addition, thought should be given to who should be named guardians for minors and who would make a good executor for a will or trustee for a trust. However, a community member need not have every single detail figured out ahead of time. Experienced planners are often able to provide advice on these issues and share thoughts about how certain family dynamics may influenced by the process.

New York Inheritance Issues in Second Marriages

Published on: October 3, 2011 | by Ettinger Law Firm

Proper Inheritance planning requires much more than simply filing in the blanks on standardized forms. That is why experienced New York estate planning attorneys are essential advisors when local community members are evaluating their long-term financial preparations. Proper planning of these affairs requires consideration of unique family dynamics and an ability to anticipate potential issues before they actually arise. Anticipating possible conflict and accounting for it ahead of time is one of the main benefits that local residents can derive from creating and updating their New York estate plan.

For example, local families often have concerns about the effect that a second marriage will have on their inheritance plans. Many emotions are at play when a parent remarries after a divorce or the death of a spouse. As a CNN story this weekend explained, adult children commonly express apprehension when a parent re-enters the dating pool or indicates a wish to get remarried. Financial concerns are occasionally the cause of that trepidation. One woman who lost her father several years ago explained, “I want my mom to be happy, but how do I know that her suitors don’t have ulterior motives? I’m concerned that she’ll jump into another marriage and her second husband will take advantage of her financially.”

Conversations between loved ones about these issues are frequently thorny and often result in strained family relationships. On one hand, as the article author notes, a parent is free to use their finances as they see fit. After all, an inheritance is not an entitlement but a gift. However, adult children need not stand by if a parent is genuinely making damaging financial decisions or is legitimately being taken advantage of–elder financial exploitation is a common problem. Therefore, in these situations an experienced, trained professional can often provide a crucial perspective to balance the competing concerns.