Arizona Republic:  “Attorneys for an 88-year-old widow left penniless by her trip through Maricopa County's probate court are asking that the elderly lady's money be returned until a new trial is held – one presided over by a judge who doesn't play favorites.  In their 70-page motion, attorneys for Marie Long lay out a pattern of treatment in which Commissioner Lindsay Ellis sided with and even lauded the attorneys and fiduciaries who wound up with all of the widow's money while ignoring requests from the attorneys who were trying to protect her assets as they dwindled to nothing.”
Wall St. Journal:  “Vermont independent Sen. Bernie Sanders and three Senate Democrats Thursday proposed an estate-tax plan that would hit wealthier taxpayers harder than another proposal on the table.  The estate tax lapsed temporarily on Jan. 1 after the Senate failed to extend it last year. If lawmakers do nothing, the tax will resume in 2011 with a 55% rate on estates above about $1.2 million. Last year, estates of more than $3.5 million for an individual were subject to a 45% tax.”

A Year Later, Jackson Estate Is Prospering

Posted on June 25, 2010
Category: Estate Planning
New York Times:  “In death, Michael Jackson has had the comeback he always wanted. . . . Over the last year, the Jackson brand has generated hundreds of millions of dollars, and experts in the management of celebrity estates say that in the long term it might very well equal or eclipse the value of what until now has been the ultimate entertainment estate: that of Elvis Presley, which earned $55 million last year,”
Bargaineering.com:  “the whole business of dying is all together unpleasant and one of the reasons why people avoid thinking and talking about it.  Unfortunately, it’s also one of the biggest financial mistakes you can make for your family. . . . But unless you just don’t care about your family, making a few end of life decisions before it’s the actual end of your life can simplify things for your family.  So today we’ll discuss six documents you need but absolutely hate thinking about.”
New York Times:  “The disappearance of the federal estate tax this year has created confusion and frustration among the wealthy, even among those who stand to benefit from it. And this has sent them in droves to amend documents that they may have to change again next year.
Wall St. Journal:  “There's one group of young people who have little trouble recognizing their need for a will: military personnel.”
Wall St. Journal:  “Her name is Conchita, a thin, spa-loving, diamond-draped heiress, and she's at the center of one of America's nastiest estate battles.  She is also a dog—a chihuahua who was the favorite of the late Miami heiress Gail Posner, a daughter of the corporate takeover artist Victor Posner.”

More Gary Coleman Wills and More Fighting

Posted on June 16, 2010
Category: Estate Fights
The Probate Lawyer Blog:  “The craziness surrounding the Gary Coleman estate, a mere two weeks after he passed, continues to grow.  We now have not one — but two — new wills that recently surfaced.”
Professor Paul L. Caron of the University of Cincinnati College of Law has written an excellent article entitled “Ten Estate Planning Advantages of Limited Liability Companies.”  Here's the abstract: In the eight years since the Service blessed the Wyoming limited liability company (LLC) statute, there has been an explosion of interest in LLCs, which are now available in 48 states and the District of Columbia (with Hawaii and Vermont the lone holdouts). See Bruce P. Ely, “The LLC Scoreboard,” Tax Notes, Dec. 25, 1995, p. 1661. Although much has been written of the uses of LLCs in tax and business planning, comparatively little commentary has focused on the role of LLCs in estate planning. The LLC treatises generally devote little attention to estate planning issues,
Forbes:  “Here's how to protect your vacation retreat from the taxman and intrafamily strains. . . . So the couple is using a ‘qualified personal residence trust‘–a device blessed by Congress and the Internal Revenue Service–to ensure that after they're gone the Connecticut property isn't lost to estate taxes, family squabbles or competing priorities.
Wall St. Journal:  “Days after New York attorney Arthur Kramer died unexpectedly at age 81, members of his family seated in a lawyer's office were told that in his final years, he had taken out $56.2 million in life insurance.  There was a catch: They weren't the beneficiaries. . . . The case set off a legal firestorm involving five courts, three insurance companies and investors . . . .” If lawsuits had slogans, . . . “this one's would be ‘Dad was a crook—and could we please have the money?'”

You can Avoid Estate Planning Pitfalls

Posted on June 12, 2010
Category: Estate Planning
Yorkregion.com:  “Benjamin Franklin famously said ‘In this world nothing can be said to be certain, except death and taxes.'  Each may be inevitable, but most of us only prepare to deal with the latter.  Les Kotzer has seen what can happen to families when there isn’t a plan in place.  The Thornhill lawyer often finds himself settling thorny estate issues, providing regular reminders how even the simplest things we can do while we’re alive, can help loved ones when we’re gone.”

Prepare for the Return of the Estate Tax

Posted on June 11, 2010
Category: Estate Planning
Forbes:  “The federal estate tax is coming back . . . . Act now to protect your family's assets.  The federal estate tax lapsed on Jan. 1, 2010. But under current law, it will rise from the ashes on Jan. 1, 2011, and at that point–unless Congress intervenes–only $1 million per estate will be exempt from a stiff 55% tax.”
Mirror:  “Michael Jackson's estate has raked in close to a billion dollars in the year since he died.  The huge sum – from record sales and lucrative deals brokered by the estate – is 47 TIMES what the debt-ridden King Of Pop made the previous year.”
Investopedia:  “Many of us like to think that our children and grandchildren will be responsible enough to handle a large inheritance, if we can afford to give it to them. But the reality is that many children and young adults are not quite ready for the pressures and responsibilities that come with inheriting wealth. There is a way for you to use wealth as a positive motivator, monetarily rewarding younger generations for their achievements – it's known informally as an incentive trust. When used in a careful, sensitive manner, this type of trust can be an effective tool for promoting success within your family and reinforcing the values that matter to you.”
Estate planning attorney Mark Cornwall's article explains what a revocable trust is and why people (married and single) need one to protect their family and loved ones.
World Net Daily:  “In a complex case that has drawn the attention of the family of Terri Schiavo, a veteran's wife claims a Catholic hospital has tried to end her husband's life by starving him to death, placing him under a ‘do-not-resuscitate' order and refusing to allow him to return home.  Gary Harvey, 60, a Vietnam-era veteran in Horseheads, N.Y., fell down a flight of stairs on Jan. 21, 2006 and suffered a traumatic brain injury that put him in a vegetative state. Gary, an only child who is estranged from his two adult children, did not have a living will.”
New York Times:  “A Texas pipeline tycoon who died two months ago may become the first American billionaire allowed to pass his fortune to his children and grandchildren tax-free.  Dan L. Duncan, a soft-spoken farm boy who started with $10,000 and two propane trucks, and built a network of natural gas processing plants and pipelines that made him the richest person in Houston . . .  .”
The Probate Lawyer Blog:  “Gary Coleman died just over a week ago, on May 28, 2010. And in that week, there have already been enough surprises to spark a whole series of “Whatcha talkin 'bout Willis!”‘s.”  The Probate Lawyer Blog discusses the strange going-ons involving Gary's ex-wife who is at odds with his parents.  The Gary Coleman case is a prime example of problems caused within a family when a person does not up-date his or her estate plan. See “Gary Coleman Named Dion Mial Executor of His Estate” and “Gary Coleman's Death Now a Battle of the Wills.”