Social Media, Life after Death

To most, our Facebook and Twitter accounts are the furthest thing from our mind when it comes to getting our affairs in order after death, or perhaps it is a legitimate concern.  Blog posts, pictures, and content that we share with the world through our social media accounts give people a glimpse of our personal lives.  So what happens to those accounts after we die?

“Technology companies are making it possible for you to send a pre-written email, Facebook status update or Tweet after death. Some are even coming up with ways to keep your Twitter account active with regular updates that mimic your Twitter personality after you die.  The founder of DeadSocial said, it's a social media savvy way for people to say their final goodbyes.”

2017-10-07T11:15:26-07:00March 11th, 2013|Estate Planning|

A Piece of History

George Washington's Will

Leisure Hours, the Ninth day of July, 1799

George Washington composed his own will without the consult of an attorney or a person of professional character. His distinctive style of writing both powerful and lucid, left no room for question as to how is estate was to be distributed upon his death. Washington's will showed his strong sense of character and views about his divergent and valuable properties that he had attained over the course of his lifetime.

“The extraordinary care and precision with which he spelled out how and under what conditions his land and other possessions should be distributed among the numerous members of his extended family, among his old friends, and among various dependents, provide further insight into the workings of his mind and the impulses of his heart. The language of Washington's will and its contents combine to make it a document of particular importance among his papers.”

2017-10-07T11:15:26-07:00March 11th, 2013|Estate Planning|

Mis-Fortunes of Celebrity Estates

The passing of high-profile celebrities thrust the issue of proper distribution of their estate.  Most notably being Michael Jackson, who ranked as the top earning deceased celebrity in 2010-2011.  Jackson's estate accrued $170 million, a significant drop form the previous year with $275 million, from sales in music and his stake in Sony/ATV catalog.

“It's clear that while the stories may all be tragically unique, the contributing factors remain relatively consistent.  Collectively, these cases obviate the need for a unified approach to wealth management that balances short- and long-term lifestyle concerns against the desire to effectively transfer wealth and preserve legacies. . . .Without an estate plan, a celebrity is unable to ensure that the proper individuals are left in control of their estate and legacy.”

Interestingly enough, the public becomes even more captivated with celebrities upon their death, especially if there is any controversy with their estate. It is not uncommon for celebrities to continue to generate substantial revenue long after their death, with royalties from their body of work, but where does it all go?

2016-12-13T20:33:27-08:00March 11th, 2013|Estate Planning|

Youngest Female Billionaire

The In-N-Out empire comes to a new owner and president. Thirty  year old Lynsi Torres, now the  youngest female billionaire in the world.The In-N-Out franchise was founded in 1984 in Baldwin Park by Torres' grandparents Harry and Esther Snyder; which started from a single drive-through hamburger stand. Torres came into ownership after a series of deaths in the family as the sole family heir.  She now controls half of the company through a trust fund since her 30th birthday and will receive full ownership on her 35th birthday.

“The company has no other owners, according to an Arizona State Corporation Commission filing. . .One private equity executive who invests in the food and restaurant industry said the operation could be valued at more than $2 billion, based on its productivity per unit, profitability and potential for expansion.”

 

2016-12-13T20:33:27-08:00March 11th, 2013|Estate Planning|

Man Leaves Esate to 2 Actors He Never Met

When you have no friends or family, who do you leave your estate to? Ray Fulk, a 71-year-old eccentric, died alone last summer. Having never been married, no children, and no close relatives or friends, Fulk left the bulk of his estate to 2 1980's actors he never met, Kevin Brophy and Peter  Barton whom he considered “his friends.” Brophy and Barton will split roughly $1 million after Fulk's 160 acres of farm land are sold.  He also left $5,000 to his favorite charity the Anti-Cruelty Society in Chicago.

Fulk’s friend and attorney, Donald Behle, explains:

“Behle had acted as Ray’s attorney in an earlier civil matter, so in December 1997, Ray approached him to draw up his will, including the bequest to Brophy and Barton. I have a copy of the will. In it, Ray refers to Brophy and Barton as ‘my friends.'. . .'I found a couple of letters he had written to them,' says Behle. ‘They sent back responses that basically said thanks for writing and please watch me in whatever their next movie or show was.”

2013-03-23T10:31:06-07:00March 11th, 2013|Digital Legacy, Estate Planning|

The Godfather of Soul Can Finally Rest in Peace

James Brown, the Godfather of Soul Music passed away Christmas Day 2006 due to heart failure. Brown's multimillion dollar estate was divvied up by Attorney General McMaster disregarding Brown's wishes he had stated in his Will:

“Attorney General Henry McMaster brokered a settlement in 2009 that split Brown's estate, giving nearly half to a charitable trust, a quarter to his widow, Tomi Rae Hynie, and leaving the rest to be split among his adult children. But the justices ruled that the deal ignored Brown's wishes for most of his money to go to charity. The court also ruled the Godfather of Soul was of sound mind when he made his will. . . . ‘The compromise orchestrated by the AG in this case destroys the estate plan Brown had established in favor of an arrangement overseen virtually exclusively by the AG,' giving large sums of money to relatives even though they were given little or no control in the singer's original will, Associate Justice John Kittredge wrote.”

The South Carolina Supreme Court overruled the settlement and reinstated Brown's original Will. James Brown felt strongly for the cause of education and wanted the majority of his estate to be donated to educating children of misfortune.

2017-10-07T11:15:26-07:00March 8th, 2013|Estate Planning, Wills|

Frequent flier miles don’t have to die with you!

Your hard earned points from loyalty programs with hotels, airlines, and credit cards don't have to go to waste after you die.  According to Randy Petersen, editor of InsideFlyer magazine, U.S. travelers accumulate roughly 3 trillion frequent flyer miles each year.  If you don't do anything with your points and rewards, the value then goes to waste.  By adding your rewards into your will, you are ensuring that all possible assets are identified and distributed based on your wishes. However, there may be some difficulty with security (regarding your accounts) and finding the loop holes in restrictions that certain companies place on their reward programs. For example:

“The Marriott Rewards program for Marriott International Inc hotel chain, only allows spouses or domestic partners to inherit points. American Express Co's credit card rewards program requires a call from an executor before it agrees to send a package of required forms. Hilton HHonors points earned from Hilton Worldwide's hotel brands expire after a year of inactivity.”

2013-03-08T09:39:18-08:00March 8th, 2013|Digital Legacy, Estate Planning|

What Happens to Our Facebook Accounts When We Die?

Kristina Sherry, a 2013 J.D. candidate at Pepperdine University School of Law, wrote a great article on a topic that too many people fail to consider – what happens to digital assets like a Facebook account when the owner of the account dies.  The article begins:

“In the vast cyber-universe of millions of websites, billions of e-mails sent daily, and approximately twenty hours worth of amateur video uploaded to YouTube in the time it takes you to read this sentence—collectively sucking our psyches into digital excursions like baby pandas sneezing, small children shimmying to Beyoncé, and increasingly nonsequitur Internet memes—there are few things creepier than the dead Facebook friend.  Yet, according to projections, more than 580,000 Facebook users will die in the United States this year, leaving just as many friends and family members wondering how to best handle a loved one’s persisting postmortem digital presence. Without third-party intervention, a dead Facebooker’s ‘profile' page will be frozen in time like a pixilated Dorian Gray, colored by iPhone photos, ‘pokes,' and ‘LOL!'s—possibly for an eternity.”

2013-02-04T08:29:44-08:00February 4th, 2013|Common Problems, Estate Planning, Social Media|

Thomas Kinkade Estate Fight Shows Why You Should Update Your Estate Plan

Updating your estate plan is critical, especially after major life events.  On Wall Street tells us the sad story of artist Thomas Kinkade, who failed to actually update his estate plan despite an apparent desire to do so.  On Wall Street has the story:

Legacy expert attorneys Danielle and Andy Mayoras say the untimely death and shoddy estate planning efforts of renowned artist Thomas Kinkade serve as a prime example of why clients should update their wills on a regular – and sober – basis.

It’s estimated that one in 20 American homes have a Thomas Kinkade painting hanging on their walls. The self-proclaimed “Painter of Light” turned his gift of rendering landscapes and other works of art into a tremendous commercial endeavor.

In fact, his numerous corporate holdings reportedly topped $100 million in annual sales some years, primarily due to mass reproduction of his works.

But the “Painter of Light” was not without his demons, primarily alcoholism and a failed marriage. He died suddenly at age 54 in April, an early and untimely demise reportedly caused by “acute intoxication” from alcohol and valium.

His wife, Nanette, had filed for divorce two years before and the couple was legally separated. Kinkade died while living with his girlfriend of 18 months, Amy Pinto-Walsh.

The girlfriend and estranged wife began fighting almost immediately after Kinkade died. Pinto-Walsh was kept from the funeral and slapped with a lawsuit for breach of a confidentiality agreement. The family wanted her to remain quiet and not share any personal details with the media.

Pinto-Walsh did not go away quietly. She went to probate court to enforce two handwritten wills (called “holographic” wills) […]

Include Your Digital Life In Your Estate Plan

Today it seems like nearly everyone has some digital presence.  Whether it is Facebook, Twitter, LinkedIn or Gmail, almost everyone has some digital assets.  When you start thinking about estate planning, you probably are thinking about the distribution of your assets: your home, car, business and other belongings.  But what about your digital assets?  NBC Chicago reports:

So many of the things you plan to leave behind after death are obvious: real estate, money, jewelry. But increasingly, a number of your assets that aren’t so obvious need to be addressed in planning: your digital assets.

“Your Facebook account, Twitter, that kind of stuff isn’t something you typically go talk to your lawyer about,” said financial writer Katie Hill.

Still, it's an idea she recommends consumers take seriously.

Increasingly, a consumer's digital assets, from online bank accounts to frequent flier and rewards program to social media, are becoming a consideration for estate planning.

“You do want someone to handle these accounts so they’re not floating around in cyberspace for the next 20 years,” said Hill.

Just as you name an executor for tangible assets, financial advisers say you need a digital executor, too; someone who can access your accounts after death. Websites offering that type of service are popping up, though many consumers still opt for the low-tech, hard copy option.

Giving someone the ability to access your personal information can make things a lot easier for your loved ones.  Imagine the headache of having to deal with every company where you had an account (Facebook, Gmail, etc.) and going through each company's different process just to get a handle on the account.  This is […]

2016-12-13T20:33:28-08:00July 11th, 2012|Digital Legacy, Estate Planning|

Do You Need An Estate To Create An Estate Plan?

Forbes:  “When I would tell people that I was working on a book about estate planning, many of them looked at me quizzically because they weren’t sure what I meant. Others said, “Oh, that’s not something I need, because I don’t have an estate.”

Contrary to popular misconception, you don’t have to own a big house to have an estate. Your estate consists of everything you own when you die, including your home, personal property, investments, bank accounts, retirement plans and any interests in a family business or partnership. Beneficiary designation forms control who gets retirement accounts, along with life insurance proceeds. For most other assets, you need a will or living trust that says who gets your stuff.”

2016-12-13T20:33:28-08:00July 11th, 2012|Beneficiaries, Estate Planning, FAQ, Trusts, Wills|

I Got A Divorce. What Should I Do With My Estate Plan?

Question:  I was recently divorced, but my estate plan names my former spouse in a few places.  What should I do?

Answer:  Revise your estate plan!  You should always think about updating your estate plan when a major life event happens.  Divorce or legal separation from your spouse is one of these events.  There are probably a number of places in your current estate plan that name your former spouse.  These are the areas that you should consider updating:

  • Incapacity planning.  Who did you name as your agent under your healthcare power of attorney or financial power of attorney?  If you were to become incapacitated, your current estate plan probably says that your spouse should make all of your healthcare decisions and should have the ability to access your finances and make financial decisions.  Since you probably do not want your former spouse to make these decisions for you, consider changing your healthcare agent and financial agent to someone like a trusted friend or family member.
  • Inheritance planning.  Your current estate plan probably states that if something were to happen to you, all of your assets should go to your former spouse.  After a divorce, you probably don't want your former spouse to inherit everything.  As such, you should change the primary beneficiary of your will or trust.
  • Life insurance.  Your current life insurance policy might name your former spouse as the beneficiary of that policy.  Talk to your life insurance company about updating the beneficiary designations on the policy.  Another life insurance issue could arise if your divorce settlement requires you to maintain life insurance for your children. If so, you should consider creating an irrevocable life insurance […]

Reduce Your Estate By Giving To Charity

The Street: “Individuals looking for a simple and effective way to reduce their future taxable estate should consider the annual gift exclusion.

What is the annual gift exclusion and how does it work?

Every U.S. citizen is allowed to give anyone $13,000 (2012 level) a year without incurring either a gift tax liability or gift tax reporting. Married couples are allowed a further benefit which allows them to split their gifts. In essence, a married couple can give any individual up to $26,000 per year. Married couples who make split gifts do have a reporting requirement. They must file IRS Form 709 on which they report their split gift.

The humble annual gift exclusion can be an effective way to transfer wealth without using any of an individual's lifetime gift exclusion or estate exemption (both currently $5.12 million in 2012).”

2012-07-09T15:25:23-07:00July 9th, 2012|Estate Planning, Gifts, Giving to Charity|

If You Like Your Privacy, Create A Trust

Should you create a will based estate plan or a trust based estate plan?  It depends on your goals.  While a will and a trust serve some of the same functions, some of the major differences become apparent when you examine how each is administered.  A will must be entered into probate.  Probate is a court proceeding, which means that documents filed during that court proceeding become public record.  This means that when a person's will is admitted to probate, it becomes a public record, just as we saw in Joe Paterno's case.  On the other hand, trusts do not need to be admitted to probate.  This is because if a trust is properly funded (meaning a person's assets are all transferred into their trust) then probate is unnecessary.  One of the major purposes of probate is to effectuate the transfer of property from the deceased to his or her heirs.  By using a trust, probate can be avoided since the deceased already transferred property out of his or her own name and into the name of the trust.  Once a person who has a trust passes, the terms of the trust take over and the deceased's property is transferred according to the terms of the trust.

Any estate planning lawyer worth their salt will always inform clients that a trust is the best possible option.  However, if someone decides to go with a will based estate plan, here is an explanation for “Dummies” about one needs to know about probate:

Probate is a term that is used in several different ways. Probate can refer to the act of presenting a will to a court officer for filing — […]

2016-12-13T20:33:28-08:00June 21st, 2012|Estate Planning, Probate, Trusts, Wills|

Estate Planning For Your Digital Life

Email, Facebook, Twitter, and online banking have become as normal as breathing to most people.  But what happens to these things when a person dies?  The days of sorting through the deceased piles and piles of documents has ended.  Many people today are totally reliant on their digital lives, from preparing and filing tax returns, using banking software to balance a checkbook, to getting all of their bills delivered online or via email.   With things like encryption and passwords, how does someone access all of a person's digital data after they die?  Wealth Strategies Journal reports:

Increasingly, our lives are conducted online. For many of us, the lion's share of our correspondence takes place by email. Our bank, brokerage, credit card, and utilities statements are delivered by email. Recurring expenses are paid automatically from our accounts without any action on our parts; other bills are paid with a few clicks and keystrokes. We rarely write checks. Our photos are collected in virtual albums on our smartphones and on photo sharing websites, rather than in the plastic sleeves of tangible albums on our bookshelves. Our address books are maintained on our smartphones. We file our taxes electronically; we may not even keep hard copies of our returns.

The more tech-savvy among us may even have e-commerce businesses, own the rights to valuable domain names, and write potentially lucrative blogs.

Whether an individual's online activities have independent financial value or are merely the means of accessing hard assets of financial value, this phenomenon has far-reaching implications for estate planning and administration.

When someone dies, an administrative process starts into motion. Information must be gathered: Was there a will? Were there […]

2017-10-07T11:15:26-07:00June 21st, 2012|Digital Legacy, Estate Planning|

Joe Paterno’s Will Unsealed

After Joe Paterno's death, his estate was admitted to probate.  Typically, documents filed in a court proceeding are public record.  If a Will was filed as part of a probate case, that too would normally be public record.  However, Joe Paterno's family requested that his Will was sealed, which the court later did.  If someone had a Will but not a Trust, I can understand why they might want to do this.  Joe Paterno had a sizable estate and perhaps the family didn't want the world to know about his plans for distribution.  Recently, Paterno's Will was unsealed.  Turns out, Joe had already planned for this eventuality by creating a Trust.  Paterno's Will was a typical “pour over” Will, meaning that any asset that he owned that was not already in his Trust was “poured” into his Trust.  A pour over Will typically doesn't list what these assets are, but instead functi0ns more as an all encompassing provision by transferring assets that didn't quite make it to the Trust.  The meat of Paterno's estate plan and the part everyone wants to see is the Trust.  Unlike Wills, Trusts are private and need not become a public record after a person's death.

For more information about trusts, read Richard Keyt's Article Understanding the Significance of Trusts.

2016-12-13T20:33:28-08:00June 15th, 2012|Estate Planning, Probate, Rich & Famous, Trusts, Wills|

Wealthy Americans Must Act Now To Take Advantage Of Gift Tax Exemption

CNBC:  “If you're a wealthy American who's planning to hire an estate or trust attorney later this year, here's a thought: Good luck. You're going to need it.

That's because the transit of Venus of estate planning is passing through, and by the New Year it is likely to be gone.

It's the lifetime gift-tax exemption of $5.12 million, paired with a similar estate-tax exemption. And it means that through the rest of this year, parents can pass along assets valued up to that amount to their heirs – maybe a house, maybe a stock portfolio, maybe part of the family business – without paying a single penny to Uncle Sam.”

2017-10-07T11:14:47-07:00June 13th, 2012|Estate Planning, Estate Tax, Gifts, Tax Planning|

Estate Planning Is Essential For People With Special Needs

Examiner.com:  “A traditional estate planning directive like a simple will or a trust with outright distributions doesn't work well for a person with special needs that is now, or may be in the future, receiving government benefits. In fact, it may cause that individual to be ineligible for benefits, and that could be disastrous.

Planning for a person with special needs requires knowledge of the various benefit programs, their rules and restrictions and the planning directives that work best to preserve benefits. The outright receipt of a gift or inheritance, either intentionally or accidentally, can jeopardize benefits. Well meaning family members and some well meaning professionals can (and unfortunately have) caused a friend or family member with special needs to lose their benefits.”

2016-12-13T20:33:29-08:00June 13th, 2012|Estate Planning, Special Needs Trusts|

Baby Boomers, Don’t Count On An Inheritance

Wall Street Journal: “Baby boomers: Get ready for a double whammy.

For years now, there's been a lot of talk about boomers getting tremendous windfalls as their parents pass on. Many boomers, in fact, have been lagging behind in their savings, betting on—hoping for—big bequests, especially since many of them suffered big losses in 2008.

But for a growing number of boomers, things aren't going according to plan. The postwar generation is living longer—and many are spending their savings along the way. And, of course, many of them also took a hit in 2008.

The result is that, as a group, boomers likely won't be getting as much of an inheritance as they hoped. Even worse, far from receiving a bequest, a growing number are tapping some of their own savings to help their cash-strapped parents make ends meet.

For families, the result is often a lot of scrambling, dashed dreams, and conflict and angst as parents and children try to come to grips with the lean new reality—and divide up a smaller pie.”

2012-06-12T08:44:14-07:00June 12th, 2012|Estate Planning, Retirement Planning|
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