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Estate Plan Covid-19

What are the Most Important Items in an Estate Plan During the Pandemic?

What are the Most Important Items in an Estate Plan During the Pandemic?

KCRA’s article entitled“5 things to know about estate planning” says that estate planning is a topic that people frequently don’t like to think about. However, more people now want to create a will or revise one that’s already in existence, because of the COVID-19 pandemic.

You should have a will. You can find forms online, or you can (in some states) use a holographic will, which is handwritten. However, a holographic will can be incomplete and unclear. DIY estate planning isn’t a good idea if you have any property, minor children, or want to save on taxes for your family. Use an experienced estate planning attorney to ensure that you are covering all of your bases.

Without a will, your “state” makes one for you. If you die intestate, state law will dictate how your probate estate will be distributed at your death. However, this makes it take longer to administer your estate, which extends the grieving process for family members.  It is also more expensive, more time-consuming and more work for those you leave behind. Lastly, you have no say in how you want your property distributed.

Why do I need a will? Everyone should think about estate planning and have an estate plan in place. This should include what would happen, if you’re incapacitated. With the coronavirus pandemic, this might mean contracting the disease and being in a hospital on a ventilator for weeks and unable to care for your children.

How long does a will take? Drafting your will is a very personal and customized process that usually happens over several meetings with a qualified estate planning attorney. It could be weeks or months, but the average length of time it takes to create a will is 30 to 60 days. However, in the midst of the pandemic, estate planning attorneys are able to get these completed much more quickly, when necessary.

What about COVID-19? When your will is complete, there’s usually a signing meeting set with the attorney, witnesses, a notary and the person creating the will. However, now there’s no way to safely gather to sign these critical documents. Many states have made exceptions to the witness rule or are allowing processes using technology, known as remote notarization.

Reference: KCRA (April 16, 2020). “5 things to know about estate planning”

Read more related articles at:

The Covid-19 Essential Estate Planning “Go Package”

A Guide To Estate Planning During The Coronavirus Pandemic

Also, read one of our previous Blogs at:

Requests for Estate Plans Reflect Fears about Coronavirus

Click here to check out our Master Class!

 

Intestate

What If Grandma Didn’t Have a Will and Died from COVID-19?

What If Grandma Didn’t Have a Will and Died from COVID-19?

What if Grandma didin’t have a will and died from COVID-19? The latest report shows about 1.87 million reported cases and at least 108,000 COVID-19-related deaths were reported in the U.S., according to data released by Johns Hopkins University and Medicine.

Here’s a question that is being asked a lot these days: What happens if someone dies “intestate,” or without having established a will or estate plans?

If you die without a will in California and many other states, your assets will go to your closest relatives under state “intestate succession” statutes.

Yahoo Finance’s recent article entitled “My loved one died without a will – now what?” explains that there are laws in each state that will dictate what happens, if you die without a will.

In Pennsylvania, the laws list the order of who receives upon your death, if you die without a will: your spouse, your children, and then your parents (if still alive), your siblings, and then on down the line to cousins, aunts and uncles, and the like. Typically, first on every state’s list is the spouse and the children.

You may also have some valuable assets that will not pass via your will and aren’t affected by your state’s intestate succession laws. Here are some of the common ones:

  • Any property that you’ve transferred to a living trust
  • Your life insurance proceeds
  • Funds in an IRA, 401(k), or other retirement accounts
  • Any securities held in a transfer-on-death account
  • A payable-on-death bank account
  • Your vehicles held by transfer-on-death registration; or
  • Property you own with someone else in joint tenancy or as community property with the right of survivorship.

These types of assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will.

It’s quite unusual for the government to claim a deceased person’s estate. While it might be allowed in some states, it’s considered a last resort. Typically, we all have some relatives.

If you have a loved one who has died without a will, speak with an experienced estate planning attorney about your next steps.

Reference: Yahoo Finance (June 1, 2020) “My loved one died without a will – now what?”

Read more related articles at :

Florida Laws of Intestacy Succession

What Happens If You Die Without a Will?

Also, read one of our previous Blogs at:

What if I Don’t Have a Will in the Pandemic?

Click here to check out our Master Class!

 

Paris Hilton

Will Paris Hilton See Her Dad’s Wealth?

 

Will Paris Hilton See Her Dad’s Wealth?

Barron Hilton’s father, hotel magnate Conrad, purchased his first hotel in Texas in 1919. His timing was perfect, as the oil boom ensured rooms were fully booked and could sometimes be turned over three times in a day. He then built the Dallas Hilton in 1925 and three more Hiltons in the state in the next five years. He eventually expanded his holding to create the world’s first international hotel chain. By 1966, his son, Barron, replaced him as president of Hilton Hotels.

In 1979, at the age of 91, Conrad Hilton died of natural causes, leaving $10,000 each to his nephews, nieces, and daughter, and $500,000 to his two siblings. The remainder of the estate was bequeathed to the Conrad N. Hilton Foundation, which he had founded in 1944.

Celebrity Net Worth’s recent article entitled “Barron Hilton Fulfilled His Promise To Not Leave Any Money To Paris Hilton,” notes that Barron contested his father’s will and ended up settling for four million shares of the company. Years later, Barron watched in horror as his granddaughter Paris tarnished the Hilton name. Barron sent a message. He made an estate plan that excluded Paris’ father and her siblings. His entire fortune would be donated to charity through the family’s foundation, because he felt Paris’ and Nicky’s sex tapes, reality shows, DUIs and other embarrassments sullied the family name.

At Christmas 2007, Barron announced to his family that he was making a major change to his will. Instead of leaving his $4.5 billion fortune to his family, he was leaving the bulk of his estate to the Conrad N. Hilton Foundation. He left 97% to the foundation and split the remaining 3% ($135 million) between about 24 members of his family. So rather than inheriting about $181 million each, the Hilton family members would get $5.6 million each.

It looks like Paris was entirely cut out of her dad’s will, and she didn’t get a penny from her grandfather. Barron died in 2019, and his will instructed 97% of his fortune to be given to the Conrad N. Hilton Foundation for disaster relief, treating children with HIV and AIDS, poverty alleviation and helping homeless shelters.

Barron continues to reinforce his message to Paris and his family from the grave. He was the second-largest philanthropist in U.S. last year with the $2.4 billion he donated to charity. He’ll probably be up there again, as one of the most generous Americans in 2020 since he still has $2 billion to donate.

Reference: Celebrity Net Worth (March 2, 2020) “Barron Hilton Fulfilled His Promise To Not Leave Any Money To Paris Hilton”

 

Read other Related Articles at : 

Paris Hilton’s inheritance goes to charity

Paris loses out: Hilton fortune pledged to charity

Also, read one of our previous Blogs at:

Why is Ashton Kutcher So Stingy with his Kids’ Inheritance?

 

New Baby

Do I Need an Estate Plan with a New Child in the Family?

When a child is born or adopted, the parents are excited to think about what lies ahead. However, in addition to all the other new-parent tasks on the list, parents must also address a more depressing task: making an estate plan.

When a child comes into the picture, it’s important for new parents to take the responsible step of making a plan, says Motley Fool’s recent article entitled “As a New Parent, I Took These 3 Estate Planning Steps.”

Life insurance. To be certain that there’s money available for your child’s care and to fund a college education, parents can buy life insurance. You can purchase a term life insurance policy that’s less expensive than a whole-life policy and you’ll only need the coverage until the child is grown.

Create a will. A will does more than just let you direct who should inherit if you die. It gives you control over what happens to the money you leave to your child. If you were to pass and he wasn’t yet an adult, someone would need to manage the money left to him or her. If you don’t have a will, the court may name a guardian for the funds, and the child might inherit with no strings attached at 18. How many 18-year-olds are capable of managing money that’s designed to help them in the future?

Speak to an experienced lawyer to get help making sure your will is valid and that you’re taking a smart approach to protecting your child’s inheritance.

Designate a guardian. If you don’t name an individual to serve as your child’s guardian, a custody fight could happen. As a result, a judge may decide who will raise your children. Be sure that you name someone, so your child is cared for by people you’ve selected, not someone a judge assigns. Have your attorney make provisions in your will to name a guardian, in case something should happen. This is one step as a new parent that’s critical. Be sure to speak with whomever you’re asking to be your child’s guardian and make sure he or she is okay with raising your children if you can’t.

Estate planning may not be exciting, but it’s essential for parents.

Contact a qualified estate planning attorney to create a complete estate plan to help your new family.

Reference: Motley Fool (Feb. 23, 2020) “As a New Parent, I Took These 3 Estate Planning Steps”

Read more related Articles at:

Estate Planning 101: 5 Lessons for New Parents

Estate Planning for New Parents

Also Read one of our previous Blogs at:

Should I Use a Trust to Protect My Children’s Inheritance?

 

 

Family Estate Planning

Am I Making One of the Five Common Estate Planning Mistakes?

You don’t have to be super-wealthy to see the benefits from a well-prepared estate plan. However, you must make sure the plan is updated regularly, so these kinds of mistakes don’t occur and hurt the people you love most, reports Kiplinger in its article entitled “Is Anything Wrong with Your Estate Plan? Here are 5 Common Mistakes.”

An estate plan contains legal documents that will provide clarity about how you’d like your wishes executed, both during your life and after you die. There are three key documents:

  • A will
  • A durable power of attorney for financial matters
  • A health care power of attorney or similar document

In the last two of these documents, you appoint someone you trust to help make decisions involving your finances or health, in case you can’t while you’re still living. Let’s look at five common mistakes in estate planning:

# 1: No Estate Plan Whatsoever. A will has specific information about who will receive your money, property and other property. It’s important for people, even with minimal assets. If you don’t have a will, state law will determine who will receive your assets. Dying without a will (or “intestate”) entails your family going through a time-consuming and expensive process that can be avoided by simply having a will.

A will can also include several other important pieces of information that can have a significant impact on your heirs, such as naming a guardian for your minor children and an executor to carry out the business of closing your estate and distributing your assets. Without a will, these decisions will be made by a probate court.

# 2: Forgetting to Name or Naming the Wrong Beneficiaries. Some of your assets, like retirement accounts and life insurance policies, aren’t normally controlled by your will. They pass directly without probate to the beneficiaries you designate. To ensure that the intended person inherits these assets, a specific person or trust must be designated as the beneficiary for each account.

# 3: Wrong Joint Title. Married couples can own assets jointly, but they may not know that there are different types of joint ownership, such as the following:

  • Joint Tenants with Rights of Survivorship (JTWROS) means that, if one joint owner passes away, then the surviving joint owners (their spouse or partner) automatically inherits the deceased owner’s part of the asset. This transfer of ownership bypasses a will entirely.
  • Tenancy in Common (TIC) means that each joint owner has a separately transferrable share of the asset. Each owner’s will says who gets the share at their death.

# 4: Not Funding a Revocable Living Trust. A living trust lets you put assets in a trust with the ability to freely move assets in and out of it, while you’re alive. At death, assets continue to be held in trust or are distributed to beneficiaries, which is set by the terms of the trust. The most common error made with a revocable living trust is failure to retitle or transfer ownership of assets to the trust. This critical task is often overlooked after the effort of drafting the trust document is done. A trust is of no use if it doesn’t own any assets.

# 5: The Right Time to Name a Trust as a Beneficiary of an IRA. The new SECURE Act, which went into effect on January 1, 2020 gets rid of what’s known as the stretch IRA. This allowed non-spouses who inherited retirement accounts to stretch out disbursements over their lifetimes. It let assets in retirement accounts continue their tax-deferred growth over many years. However, the new Act requires a full payout from the inherited IRA within 10 years of the death of the original account holder, in most cases, when a non-spouse individual is the beneficiary.

Therefore, it may not be a good idea to name a trust as the beneficiary of a retirement account. It’s possible that either distributions from the IRA may not be allowed when a beneficiary would like to take one, or distributions will be forced to take place at a bad time and the beneficiary will be hit with unnecessary taxes. Talk to an experienced estate planning attorney and review your estate plans to make certain that the new SECURE Act provisions don’t create unintended consequences.

Reference: Kiplinger (Feb. 20, 2020) “Is Anything Wrong with Your Estate Plan? Here are 5 Common Mistakes”

Read more related articles at:

5 Biggest Estate Planning Mistakes You Can Make

Is Anything Wrong with Your Estate Plan? Here are 5 Common Mistakes

Also read one of our Previous Blogs at:

Common Estate Planning Mistakes to Avoid

 

 

Will-COVID-19

A Good Move to Make during the Pandemic

While most of those infected with COVID-19 will recover, about 20% need hospitalization, and in the absence of widely approved treatment, those who are placed in the ICU can be in grave danger.

Thousands of deaths from the coronavirus is making many of us look at death more seriously than we would otherwise. Many Americans are looking to create a will, and if you don’t have this important document in place, it’s critical that you create one immediately — just in case.

Motley Fool’s recent article entitled “The 1 Move You Must Make During the COVID-19 Crisis” says that about 37% of Americans have a will. Without one, you’ll risk having little to no say over what happens to your assets in the event of your passing.

It’s not uncommon for people to say things like, “I’m not rich and have very little money to my name, so who cares who gets it after I pass?” This is not so. Even if you only have a modest amount of assets, it’s wise to make out a will, so your wishes are carried out.

If you have minor children, you need to designate a guardian to care for them, if you should die and they don’t have another living parent. This isn’t a question you want to leave unanswered, and you don’t want to leave your family members to fight over who will take on the assume the responsibility of taking in your children.

Create a will with the help of an estate planning attorney. If you create one online, you risk missing nuances that may be important in the event of your passing. If your estate is somewhat complex, it’s worth the money to use a legal expert.

Another estate-planning document to create includes a financial power of attorney, which designates someone to make financial decisions on your behalf, if you can’t.

A healthcare proxy is a person who can make medical decisions on your behalf. Ask your estate planning attorney to help you determine which documents will benefit you.

With our major health crisis, it’s not really the time to delay creating a will, if you don’t have one already. This document could give you and your loved ones peace of mind, when comfort goes a long way.

Reference: Motley Fool (April 6, 2020) “The 1 Move You Must Make During the COVID-19 Crisis”

Read some related articles at :

Americans rush to make online wills in the face of the coronavirus pandemic

Coronavirus leads to surge in wills: ‘Everyone is thinking about their mortality’

Also read one of our Previous Blogs at :

C19 UPDATE: Beware the Rush to Make Your Own Will Online

 

 

Estate Planning

Do You Think Everything Is All Set with Your Estate Plan?

Do You Think Everything Is All Set with Your Estate Plan?  Many people would like to believe that estate planning is simple, and that once you sign everything you’re finished. Not so. There are other things to consider as part of the process, and topics that need to be revisited over time.

When you pass away, your executor will typically have many tasks to handle to settle your estate. Anything you can do in advance to add clarity and lessen the burden on her work is wise. MarketWatch’s recent article entitled “Why your estate plan is not as buttoned up as you think it is” gives us a list of seven items to review to be certain that your estate is as planned as you think:

Check to make sure your will is up to date. That’s assuming you’ve written your will (and if you haven’t, get on it!). How long has it been since you drafted it? Think about any major changes in your life that have happened since that time. If things have changed, be sure to update it.

Check to make sure that your will is sufficiently detailed. Most people think about the big stuff in their estate, like the house, car and jewelry. However, you also need to provide directions for items with sentimental value. This will help to avoid family fighting over these items. Leave directions about who gets what, even if these items of sentimental value don’t have a high dollar value.

Check to make sure that your will spells out your wishes in a way that’s legally binding. Every state has its own laws, when it comes to the requirements for a valid will. Work with a seasoned estate planning attorney to make certain that your will is valid. You can also let them do it, so you don’t make a mistake that could lead to problems for your executor after you’re gone.

Check to make sure that your will has your funeral plans sufficiently detailed. Don’t force your grieving family to plan your funeral and try to guess your wishes at the same time. Preplan your funeral. Funeral directors are happy to talk to you to preplan. Leave instructions regarding your wishes, including whether you want to be cremated or buried in a casket; the services you’d like and if you’d like charitable donations to be made in lieu of people sending flowers.

Be sure that your financial affairs are organized. Your executor will need to know about your typical monthly bills. Make a list of your account numbers and passwords to simplify your executor’s job. Be sure to include automatic deductions or charges on your credit card for things like internet-based subscriptions, club memberships, recurring charitable donations and automatic utility payments.

Make arrangements for the care of your family members who survive you. If you’re a caregiver to a parent, spouse, child, or another family member, create a detailed plan concerning who will take over their care, if they outlive you. Don’t forget your pets, since the laws on the care for animals contained in a will are different in each state. It’s a good idea to make your loved ones aware of your wishes for your furry family members.

Thorough estate planning will help ensure that you family has less to deal with in their grief. Anything you can do to help them get through that difficult time by managing your affairs today is a great gift to them. So, Do You Think Everything Is All Set with Your Estate Plan?

Reference: MarketWatch (March 4, 2020) “Why your estate plan is not as buttoned up as you think it is”

Read more realted articles at :

Estate Planning: Your Need-To-Know

An Estate Plan For Every Stage Of Life

And read one of our previous Blogs at:

Do I Need to Update My Estate Plan if I Move to a New State?

Estate Planning Is For Everyone

 

Corona virus

Coronavirus News Should Make You Think about Estate Planning

Coronavirus News Should Make You Think about Estate Planning.  The global Coronavirus (COVID-19) outbreak has many of us thinking about what could happen, if the disease spreads more fully across the general population. We all need to plan for what could possibly happen. To protect yourself and your family, it’s smart to be certain that you have the following these documents prepared and updated, says Motley Fool’s recent article entitled “The Coronavirus Should Have You Thinking About These 4 Things.”

  1. A will or revocable trust. Be sure that your assets will pass to those who you want to receive them after your death. This is critical during crisis times. You don’t want to make things any harder than they need to be. Create an estate plan to avoid potentially expensive and time-consuming processes like probate, which will have greater importance, if your family is confined to their homes in a quarantine situation.

A simple will can cover what happens to your assets at death. This typically works well, especially for modest estates. State laws differ on how complicated a probate process would be with a basic will. Some people opt to use a fully funded revocable trust that doesn’t require probate. For either a will or a revocable trust, make sure that it’s up to date and reflects your current preferences and family circumstances.

  1. Updated beneficiary designations. If you have an IRA, 401(k) account, or life insurance policy, those you name as beneficiaries of that account will receive the proceeds, despite a totally different from arrangement in your will or trust. Many of us also don’t designate any beneficiary for these accounts, which means added complications in the event of death.
  2. Healthcare power of attorney. When we’re in the midst of this Coronavirus, it’s even more urgent that you’ll be able to get the healthcare you need, if you’re hit with this illness. A durable power of attorney for healthcare will give the individuals you choose the ability to make whatever medical decisions you specify on your behalf. An estate planning attorney can help you draft documents that match your specific wishes.
  3. Financial power of attorney. You can designate an agent to help take care of your finances, if you become incapacitated or otherwise unable to handle your financial affairs. A general durable power of attorney for financial matters is another document that lets you delegate responsibility and authority to make financial transactions to the person you name.

Estate planning may not be the highlight of your week, but the Coronavirus outbreak has more people thinking about what they need to do. Make sure your family will have what they need even if something happens to you.

Reference: Motley Fool (March 8, 2020) “The Coronavirus Should Have You Thinking About These 4 Things”

Read more about this at :

The Coronavirus Has Americans Scrambling to Set Their Estate Plans. Here Are Some Key Things to Know.

The Coronavirus Should Have You Thinking About These 4 Things

Also read some of our previous Blogs at:

Coronavirus Trusts? Suddenly Estate Planning Is More Popular

C19 UPDATE: Emergency Estate Planning Decisions to Make Right Now

 

Princes brother

How Does the Death of Prince’s Brother Impact the Late Rock Star’s Estate?

How Does the Death of Prince’s Brother Impact the Late Rock Star’s Estate?  Alfred Jackson was one of six of Prince’s siblings who were heirs to their brother’s fortune worth at least $100 million. But they sold 90% of his estate rights last year to Primary Wave, a well-funded and growing entertainment company that invests in music publishing and recording rights. Prince’s sister Tyka Nelson also struck a deal with Primary Wave, and was given cash up front as the estate proceedings drag on.

The StarTribune’s recent article entitled “Death of Prince heir complicates estate settlement even more” reports that because of these moves, about a third of Prince’s assets could wind up being controlled by parties who were not related to him—which adds to the tough job of settling the late rock star’s estate.

Just a few hours after signing with Primary Wave in August of 2019, the sixty-six-year-old Jackson succumbed to heart disease, while at his home in Kansas City. However, unlike Prince, he had signed a will. Jackson did not have a wife or children. However, in another twist, rather than leaving his estate to his siblings, he bequeathed all his assets to a friend, Raffles Van Exel, who claims to be an entertainment consultant. However, he’s best known for hanging out with Whitney Houston in her final days, as well as Michael Jackson’s family. Exel was also a creative force behind O.J. Simpson’s notorious “If I Did It” book project.

Primary Wave’s deal with Jackson is being reviewed by his own family, at least his siblings who aren’t related to Prince. They aim to contest his will.

Prince’s accidental death by fentanyl in 2016 created one of the largest and most complicated probate court proceedings in Minnesota history. That’s because the rock star failed to draft a will. The value of his estate is somewhere between $100 million to $300 million estate and is comprised of potential music royalties.

Prince’s heirs are unable to get their money from his estate until it is settled. Because the probate proceedings are dragging on, Primary Wave offered Prince’s heirs the chance to raise cash by selling their estate rights. These heirs are all approaching 60Jackson wanted to enjoy life now, rather than wait for the process to be finalized. The siblings, by that time, may be too old, sick or dead to enjoy their inheritance.

Primary Wave tried to get at least three of Prince’s siblings — Sharon, Norrine, and John Nelson, to sell their estate rights. However, the three refused and said in a recent court filing that they are concerned that Primary Wave will use its deep pockets to their detriment. The company’s involvement would only lead to more delays and tensions, the siblings said in a letter directly to the probate judge. With the case draining their “limited resources,” the three explained that they are unable to pay legal counsel in this case and are representing themselves.

The terms of Primary Wave’s deals with Tyka Nelson and Alfred Jackson are private. However, the company has been asserting its rights in Prince’s probate case. A 2019 court filing said that the company says it “stands in the shoes” of the two heirs. That is How  the Death of Prince’s Brother Impacts the Late Rock Star’s Estate.

Reference: StarTribune (February 22, 2020) “Death of Prince heir complicates estate settlement even more”

Read more related articles at: 

Death of Prince heir complicates estate settlement even more

Prince’s Posthumous Year In Business Was Full Of Weirdos And Chaos

Read about other Celebrity Estate stories on one of our previous Blogs at:

Luke Perry’s Estate Planning – How Well Did He Do?

Why is Angelina Jolie Leaving Her Total Estate to Just One of Her Kids?

 

What Should I Know About Joint Tenancy?

Investopedia’s recent article, “Joint Tenancy: Benefits and Pitfalls,” explains that it’s a common practice for couples and business partners to take title to each other’s bank accounts, brokerage accounts, real estate and/or personal property, as joint tenants with rights of survivorship (JTWROS).

Joint tenancy (JTWROS) is a type of account or title, where the asset is owned by at least two people and all tenants have an equal right to the account’s assets.

They all also have survivorship rights, in the event of the death of another tenant. Therefore, when one partner or spouse dies, the other receives full title to the asset. Let’s take a closer look at JTWROS.

When a person passes away, his will is examined by the probate court. The court will decide whether the will is valid and binding and determines if there are any outstanding liabilities and assets of the deceased. After addressing any debts, any remaining assets are distributed to the heirs, according to the instructions in the will. However, if a person dies without a will, the probate court will divide the assets pursuant to state intestacy law.

Because joint tenancy with right of survivorship automatically transfers ownership to the surviving spouse or business partner at the death of the first partner, there is no probate for this asset. When a married couple or two business partners own an asset that is titled JTRWOS, both are responsible for it, so both enjoy its positive attributes and share liabilities equally. However, neither party can incur a debt on the property without indebting themselves.

When the surviving spouse or business partner assumes control over the asset titled JTWROS at the death of the co-tenant, she can sell it, or give it away.

The alternative to JTWROS is a tenancy in common. With that form of ownership, each owner may own half of the asset, or a percentage or fractional ownership can be established. Each party can also legally sell his share, without the other party’s consent. Second, the asset will pass to heirs.

Both JTWROS and tenancy in common have some nice benefits. However, before you set up either, every party should assess their situations, to determine whether one option is better than the other.

Learn more about joint tenancy.

Reference: Investopedia (May 28, 2019) “Joint Tenancy: Benefits and Pitfalls”

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