Arizona Wills & Trusts Blog

What ‘Succession’ And Sumner Redstone Can Teach Us About Planning Ahead For Senior Care

Forbes: “Many of us have read the titillating and tragic story of Sumner Redstone, the former executive chairman of Viacom, and the litigious financial power struggle that has embroiled his family. Redstone’s story was a key influence on the HBO hit series Succession, which involves a lot of money, a pugnacious media mogul, a conniving lover, and children trying to wrest control of the family fortune from a sordid mess. Most of us won’t need to worry about a multi-billion-dollar empire, and our family struggles may appear mundane by comparison. But disagreements over money can and often do prevent families from making the right choices about care.”

On the Net2018-10-01T11:18:07-07:00October 1st, 2018|Estate Planning, Rich & Famous, Social Media, Trusts, Wills|

Man charged with killing wife at sea sought to inherit her estate, prosecutor says

Fox: “A British man murdered his wife and deliberately sank the couple's catamaran near the Bahamas in a bid to inherit her estate, prosecutors said last week. Lewis Bennett, 41, was charged with second-degree murder on the high seas in the May 2017 disappearance of Isabella Hellmann, 41, of Delray Beach, Florida, in February. Bennett and his wife were on a delayed honeymoon to St. Maarten, Puerto Rico and Cuba.”

On the Net2018-09-24T14:58:52-07:00September 28th, 2018|Estate Fights, Estate Planning, Social Media|

Tom Clancy’s Maryland Estate Hits Market for $6.2M

Barrons: “The 537-acre Maryland estate of the late American novelist Tom Clancy has come on the market for US$6.2 million. The author of bestsellers like Clear and Present Danger, Patriot Games, and The Hunt for Red October owned the sprawling property about 45 miles south of Washington, D.C., for decades until his death in 2013 at age 66. It includes acres of woods, private beach on Chesapeake Bay and a three-story custom home with a number of amenities suited to a spy fiction writer. The 17,000-square-foot main house has an underground, two-lane shooting range, which “offers an opportunity to practice your marksmanship in complete privacy,” according to listing agent Angel Stevens of Cummings & Co. Realtors.”

On the Net2018-09-24T14:50:07-07:00September 27th, 2018|Estate Planning, Rich & Famous, Social Media|

‘Carol Burnett’ star Tim Conway recovers from brain surgery as family battle over comic’s fate rages on

Fox: “Tim Conway is recovering from brain surgery as his daughter and second wife fight in court over his care, Fox News learned Monday. The “Carol Burnett Show” star’s daughter, Kelly Conway, revealed that a Los Angeles court has decided a permanent conservatorship of the actor will be appointed in November. Kelly and her stepmother Charlene Conway each want sole conservatorship over the 84-year-old, who is suffering from dementia.“My brothers and I would like to thank the overwhelming support for my dad from fans all over the world that are contacting me via phone, email and social media,” Kelly told Fox News in a statement. “It lifts my brothers and me”

On the Net2018-09-24T14:43:08-07:00September 26th, 2018|Estate Fights, Healthcare Directives, Rich & Famous, Social Media|

Frank Lloyd Wright estate owner defends weddings, seeks tax break from Orinda

East Bay Times: “The homeowner of a Frank Lloyd Wright estate defended holding weddings on the property, saying there have been “no citations for illegal parking, no DUIs, no fights, no loud quarrels, no excessive noise citations” and calling neighbors’ complaints “baseless.” “In fact, (there have been) no citations whatsoever for anything from the police,” Gerald Shmavonian said in an interview. He added there have been no traffic accidents and no injuries on the site. “Ninety percent of the people take Uber.” “It’s true that there has been no criminal activity,” said Orinda Planning Director Drummond Buckley. But the Orinda official said Shmavonian was still in violation of the city’s zoning ordinance. Orinda bans commercial ventures in residential neighborhoods.”

On the Net2018-09-24T14:11:17-07:00September 25th, 2018|Estate Fights, Estate Planning, Rich & Famous|

Burt Reynolds Left His Only Son Out of His Will and Created a Trust for Him Instead

People: “Screen legend Burt Reynolds left his only son out of his will — but did not cut him out. The will, which was obtained by TMZ, says of Quinton, “I intentionally omit him from this, my Last Will and Testament, as I have provided for him during my lifetime in my Declaration of Trust.” The will, which was signed in 2011, appoints Reynolds’ niece Nancy Lee Brown Hess as the personal representative of Reynolds’ estate. Reynolds lists his great nephew Brian Ritchey Brown and then his great niece Tracy Erin Rogers as the next personal representative were anything to happen to the previous one.”

On the Net2018-09-24T12:10:35-07:00September 24th, 2018|Estate Planning, Rich & Famous, Social Media, Trusts, Wills|

A dying mother wrote her children letters, leaving a gift of love for years

The Washington Post: “My friend Jacqueline Zinn was diagnosed with glioblastoma, a brain cancer, in 2013; she died 18 months later, at age 56, leaving behind a husband and four kids. Jacquie was a triathlete who knew a thing or two about endurance, and she managed her treatment — surgery, radiation and chemotherapy — with the same skill and organization she had brought to her work as a project manager for a drug company. Once she realized that she had only weeks to live, Jacquie began planning for the next chapter: her death and its aftermath.“

On the Net2018-09-12T14:41:29-07:00September 13th, 2018|Estate Planning|

What happens if you die without a will? You might leave a hot mess behind.

The Washington Post: “Don’t have a will? Then let me ask you this: Do you love your family? Because, if you love and care about them and want to minimize the drama that you may leave after you die, you would get a will. And I don’t mean something done on the computer that you sign and stuff in a folder. Actually, you have a will, just not one that you created. If you die “intestate,” meaning without having a legal will, state laws dictate how your assets will be distributed. Here’s a link on Nolo.com where you can see, according to your state’s law, who is entitled to your assets if you die without creating a will.”

On the Net2018-09-12T14:33:52-07:00September 12th, 2018|Estate Planning, Trusts, Wills|

Article on Social Media Abuse in Long-Term Care Facilities: Why the Law is Failing to Protect Elderly Residents and How States Should Address It

Wills Trusts & Estate Prof Blog: “In March 2016, state health officials in Iowa received a report that a certified nursing assistant for a long-term care facility shared an indecent photo of an elderly resident on Snapchat–with six of the nursing assistant's colleagues. The photo displayed the resident with his pants around his ankles, and his legs and hands covered in feces. Yet, the most disturbing part of the official's investigation was that the nursing assistant's actions were not against the law. Even though the elderly resident had dementia, and the humiliating photo was shared with a larger audience on social media, the state could not punish the nursing assistant criminally. The Iowa law intended to protect elderly adults from abuse in long-term care facilities had not been updated since 2008–before social media use exploded and mobile applications became available.“

On the Net2018-09-04T12:48:44-07:00September 7th, 2018|Retirement Planning, Social Media|

Why it’s smart to plan your own funeral—and do it now

Market Watch: “Although I didn’t know it at the time, a week after my father received a terminal cancer diagnosis, he asked my cousin to take him to a local mortuary where he made decisions about his burial and paid for his funeral. Following his death five months later, as a grieving only child, I was thankful my father had the foresight to plan ahead, as he had always done for other life events. His choice to preplan was a gift that prevented me from making emotional and costly decisions based in grief. Death is a subject none of us want to confront. Talking about death causes us to face mortality and run head-on into the fact that we will not always be here. Yet death is inevitable and planning your funeral is a lot like planning for retirement. It requires honest evaluation and sometimes hard decisions, but it’s something that needs to be done. Here are five reasons to overcome hesitancy and consider planning your funeral now.”

On the Net2018-09-04T12:44:33-07:00September 6th, 2018|Estate Planning, Retirement Planning, Trusts, Wills|

Navigating Special Needs Trusts for Children with Disabilities

SmithAdmundsen: “Estate planning for parents of children with special needs can be overwhelming. Not only do parents need to consider how to provide for their child after they are gone, but they must also consider issues relating to how an inheritance will impact federal and state aid eligibility. There are three different types of special needs trusts that allow funds to be held for a disabled individual, while allowing them to qualify for state and federal aid.”

On the Net2018-09-04T12:19:06-07:00September 5th, 2018|Estate Planning, Special Needs Trusts, Trusts|

Aretha’s Lack of a Will Could Make Things Rocky for Heirs

Wills, Trusts & Estates Prof Blog: “Estate law experts expressed surprise but not shock that a wealthy person like Aretha Franklin would put off making a will until it was too late. Laura Zwicker, an attorney who specializes in estate planning but is not affiliated with the Franklin estate, says she sees it happen far too often. “People don't like to face their own mortality.“

On the Net2018-09-04T12:15:30-07:00September 4th, 2018|Beneficiaries, Estate Planning, Rich & Famous, Social Media|

“Que Je T’Aime”: L’affaire d’heritage de Johnny Hallyday

The National Law Review: “As a battle rages on in Nanterre, west of Paris, over the estate of Johnny Hallyday, who is best known as the “French Elvis”, and spills out across the pages of the tabloid press in France, we offer a view from Hallyday’s adopted home, Los Angeles, California. It is, after all, the central question of this affair whether a will and trust executed in California under California law, which was intended to dispose of assets that include Hallyday’s properties in Santa Monica and Los Angeles, will be respected or tossed aside as a violation of French forced-heirship laws. The saga of the Hallyday case is a cautionary tale for French nationals who reside outside of France or who have property or assets outside of France, or for foreigners who may be considered domiciliaries of France (or other nations with inheritance laws that differ from France), as well as for members of their families whose inheritance may be caught in between.”

On the Net2018-08-27T10:39:31-07:00August 31st, 2018|Estate Planning, Rich & Famous, Social Media, Wills|

Aretha Franklin Died Without a Will

WealthManagement.com: “Deeply private in life, Aretha Franklin’s estate will be laid bare for all to see, as according to court documents, she died without having a will or trust in place. Documents filed by her four sons in Oakland County Probate Court on Tuesday acknowledged the absence of a will and named themselves as parties interested in her estate. The relevant clause reads: “The decedent died intestate and after exercising reasonable diligence, I am unaware of any unrevoked testamentary instrument relating to property located in this state….” Additionally, Franklin’s niece, Sabrina Owens, asked to be appointed as the estate’s personal representative. There’s no indication that any of the parties are in conflict and, at least for the moment, the family seems to be on the same page, which is vital when potentially large estates (Franklin’s exact net worth is unknown, but it’s estimated at roughly $80 million and includes the rights to a number of her hit songs) pass through intestacy.“

On the Net2018-08-27T10:32:07-07:00August 30th, 2018|Estate Planning, Rich & Famous, Social Media|

WealthManagement.com: “The current swelling of demand for investment art has caused a sharp increase in legal proceedings over questions of authenticity and provenance. The rise of social media has had a disruptive effect on art marketing. The internet has emerged as a marketplace in which artists can display their work, dealers can market them and buyers can discover them. This has increased the exposure of taxable estates and heirs to sophisticated counterfeiters. This problem has harshly exposed the difficulties inherent in conducting suitable due diligence in such an opaque and unregulated market. Luckily, there are new evolving technologies of which professionals should be aware, as well as the new standards of practice used to employ them.”

On the Net2018-08-27T10:27:26-07:00August 29th, 2018|Estate Planning, Rich & Famous, Social Media|

Harper Lee Estate Sues Broadway Adaptation of To Kill a Mockingbird

At Your Bequest: “One of this year’s most anticipated Broadway productions was at risk of being shuttered before it ever opened because of a fierce dispute between producers and the estate of the book’s author on which the play is based. A representative of the estate of Harper Lee, the reclusive author of To Kill a Mockingbird, sued producer Scott Rudin and his production company, Rudinplay Inc., alleging that the stage adaptation authored by Aaron Sorkin violated the licensing agreement Lee signed prior to her death in February 2016.“

On the Net2018-08-27T10:20:15-07:00August 28th, 2018|Estate Planning, Rich & Famous, Social Media|

Sen. John McCain to lie in state. Here’s What That Means

CNN: “Sen. John McCain, whose more than three-decade career in the Senate irreversibly impacted the tenor of Washington, will lie in state in the US Capitol this week, an honor given to few statesmen. Senate Majority Leader Mitch McConnell, a longtime ally of McCain, said that the decision came “in coordination with Speaker of the House Paul Ryan, Senate Democratic Leader Chuck Schumer and House Democratic Leader Nancy Pelosi.”

On the Net2018-08-27T10:13:39-07:00August 27th, 2018|Estate Planning, Rich & Famous, Social Media|

Aretha Franklin had NO will: Singer did not outline plans for her $80million estate before her tragic death

Daily Mail: “Aretha Franklin passed away at her home in Detroit after a long battle with pancreatic cancer last Thursday. And while the Queen Of Soul had been struggling with health for some time, the iconic star did not leave behind a will, according to reports from TMZ. The Respect singer's estate is estimated to be worth around an $80million, according to People.“

On the Net2018-08-22T10:24:09-07:00August 22nd, 2018|Estate Planning, Rich & Famous, Social Media, Trusts, Wills|

Are You Ready for Longevity? 4 Steps to Take Now

Kiplinger: “Did you know that a non-smoking 65-year-old woman today has a 50% chance of living until 88? A non-smoking 65-year-old man has a 50% chance of living until 85? That’s how life expectancy works – the longer you live, the more likely you will live longer. Given that you could be well on your way to becoming a nonagenarian, here are four smart moves to help keep you and your family protected as you age.“

On the Net2018-08-21T16:15:24-07:00August 21st, 2018|Estate Planning, Retirement Planning, Trusts, Wills|