Here's the text of the September 16, 2010, press release from the Washington Secretary of State: Washington Attorney General zooms in on LegalZoom’s claims DIY legal forms aren’t a substitute for an attorney SEATTLE – If you’ve watched cable TV, you’ve likely seen celebrity attorney Robert Shapiro tout his company, LegalZoom, as a way to start businesses, patent inventions and create wills. “We put the law on your side,” he says. But the Washington Attorney General’s Office wants to be sure consumers aren’t misled by LegalZoom’s cost-saving claims. “LegalZoom offers do-it-yourself legal documents online but can’t provide you with legal advice or tell you which forms to fill out,” Attorney General Rob McKenna said. Under a settlement with the Attorney General’s Office, LegalZoom can’t compare
New York Times:  “THE federal estate tax is scheduled to rise from the ashes on Jan. 1, and a lot more families may feel its bite unless Congress changes current law. . . . Fortunately, a number of strategies are available, and not all of them involve depleting your resources.”
New York Times:  “I drafted my will four times this week — not because I was obsessed with the macabre, but because I wanted to test how computer-generated wills would fare under human scrutiny. . . . But even though they seemed easy to draft, I still needed a lawyer to help decode some seemingly standard clauses and their consequences in my home state of New York.”
Wall St. Journal:  “The estates of those who died this year might be allowed to be taxed as if they died in 2009, in order to resolve a problem created by the repeal of the estate tax, a Treasury Department official said.”

Invalid NFA Trusts: Myth or Reality

Posted on September 12, 2010
Category: Gun Trusts
Prince Law Offices, P.C.:  “Unfortunately, the answer is that numerous individuals are submitting invalid trusts for the purchase of NFA firearms. In a current article of Small Arms Review (SAR), Vol 14, No. 1 , the National Firearms Act Trade & Collectors Association (NFATCA) reports that, “Virtually four out of five trusts get bumped back because it was simply an improper trust.” The NFATCA is not a law firm, does not refer members to any NFA Trust attorney, and does not receive any form of benefit from telling the readership that it is imperative that they seek proper counsel.”
Wealth Strategies published a two-in-one article.  The first topic is about the estate of novelist Frank Kafka: “If Franz Kafka were writing a short story about an estate, it would undoubtedly have featured his signature themes of autobiographic reflections, alienation, and betrayal while caught in the teeth of a pointless and irrational bureaucratic nightmare.” The second topic is about the problems to be created by the expiration of the Bush tax cuts.   “Behold and beware: Ancient CPAs and tax attorneys foretell of a perilous time at the End of Days…otherwise known colloquially as the expiration of the Bush tax cuts on January 1, 2011.”
The authors of “Trust Decanting:  An Overview and Introduction to Creative Planning Opportunities” summary of their article states, “Since New York enacted the first ‘trust decanting' statute in 1992, nine other states likewise have provided trustees authority to ‘decant' the property of one trust into another trust.  In this Article, the authors provide an overview of the techniques involved with the decanting process and the opportunities these statutes provide trustees.”
Business & Finance:  “More Than 70% of Americans Die Without Leaving Behind a Will.  10 Most Common Questions Families Ask About Estate Planning, Wills, and Trusts.”

Why Tempt Fate by Making a Will?

Posted on September 7, 2010
Category: Estate Planning
Studies show that more than 70% of American adults do not have a will that disposes of their property after death.  One of the primary reasons is procrastination.  A lot of people want a will, but put off getting it on the theory that their inevitable death will be later rather than sooner.  Another reason people do not create a will is because of they fear that having a will some how hastens death.

The Case Against Do-It-Yourself Wills

Posted on September 7, 2010
Category: Estate Planning
Forbes:  “A will is one of the most important financial planning documents, especially as you move toward retirement. Yet an astonishing number of people of all ages still don't have one. . . . Why am I strenuously opposed to do-it-yourself wills?  There are just so many things that can go wrong–from the wording of the document, to the required formalities for how it must be signed and witnessed before it can be valid.”
The Probate Lawyer Blog:  “Even though Michael Jackson's father was not included as a beneficiary in his will or trust, it hasn't stopped Joe Jackson from trying to intercede in the legal proceedings surrounding the estate.”

Mickey Mouse, the Estate Tax and Me

Posted on September 2, 2010
Category: Estate Tax
USA Today has a column written by Abigail Disney, granddaughter of Roy Disney who co-founded the Disney company with his brother Walt.  Abigail says that as a person who inherited great wealth like other Disney children, grandchildren and great grandchildren, the federal estate tax is a wonderful thing.
Wealth Strategies:  “Many family business owners struggle with business succession planning because they cannot envision a suitable way to divide their ownership and control among a diverse group of beneficiaries, some of whom are active in the business and some of whom are not. However, by recognizing that ownership and control actually consist of four separate component levels that can be divided differently among the beneficiaries, a family business owner can more easily conceive of a succession plan that rationally assigns leadership and management powers while equitably allocating the economic benefits of the business.”
Bloomberg:  “Frank McCourt’s claim to be the sole owner of the Los Angeles Dodgers was challenged today by his estranged wife in a divorce trial.”

The Great GRAT Debate

Posted on August 31, 2010
Category: Estate Planning
Forbes:  “Congress seems likely to clamp down on this wealth transfer technique. Here's how you can still use GRATs [grantor retained annuity trust]. . . . Here’s how a GRAT works“

Five Ways To Freeze Out Uncle Sam

Posted on August 31, 2010
Category: Estate Planning
Forbes:  “For those who dare to think ahead, today's down market and low interest rates offer great tax saving opportunities.”

Put Faith in Trusts: Estate Planners

Posted on August 31, 2010
Category: Estate Planning
Calgary Sun:  “the expenses involved in setting up a trust will probably be worthwhile for anyone with an estate worth more than $150,000.”
Forbes:  “Any Momma who would ride the rails . . . probably isn’t worth shoving to a grisly demise.  It’s the Mommas flying on their private jets who need to pack parachutes or watch their backs. Without a doubt, the one- year lapse in the federal estate is a boon to heirs of the superrich. . . . But for ordinary families, it is creating all sorts of grief and unintended consequences and might even cost some of them extra federal tax, to say nothing of lawyers’ bills.”
Laurie Roberts, an Arizona Republic columnist, has written a series of articles about how an 88 year old woman named Marie Long went from having $1,3 million in 2005 to having nothing.  Most of her money went to attorneys and care givers with the approval of the Maricopa County Probate Court.  See Laurie's previous posts on this subject: From wealth to welfare: how much court “protection” can one old lady afford? (October 21, 2009) It costs $19.50 to get directions? Really? (December 2, 2009)  See the Republic's correction to this story. Woman, 88, who lost savings may get some back (January 23, 2010) Old lady goes to federal court (and now she has company) (January 29 , 2010) Judge: probate attorneys were justified in taking