Planning For LGBT Couples

Nolo.com:  Members of the lesbian, gay, bisexual and transgender community often face financial and legal hurdles that many straight couples may have never even considered – such as the ability to participate in medical decisions for a sick spouse, or the concern that a partner or spouse's retirement plan or Social Security benefits would evaporate if their partner dies. These are just two of the things LGBT couples must consider when planning financially, so it's important that members of the LGBT community – and those who support them – understand these and other issues they may face, and how to approach them.

The inability to have a relationship recognized by their state can take a financial toll on LGBT families, so retirement and legacy planning takes on even greater importance for LGBT individuals and couples, and can help create a financial safety net for the future.

According to Lamda Legal, an organization committed to advancing the civil rights of the LGBT community, there are approximately 1,400 legal and financial benefits codified in federal and state laws that are reserved for married couples. These benefits range from joint parenting to bereavement and sick leave benefits to joint insurance policies, and many of them are truly priceless since they cannot be “bought” – even through a legal arrangement. Those that can be bought may be out of financial reach for those who can't afford to hire an attorney.

2012-06-11T14:11:07-07:00June 11th, 2012|Estate Planning, LGBT Planning|

Basic Estate Planning Important For Everyone, Especially Seniors

Monterey Herald:  “It may be surprising, but not many people enjoy talking about death and dying. Fewer still relish the thought of planning for their death and the disposition of their worldly possessions.

We plan vacations. We plan bar mitzvahs. If we find out we need surgery, we make a plan.

Here is some news: No one gets out of here alive and, as we know, we can't take it — our possessions — with us.

If this is not news, then why is it that less than 30 percent of people do any estate planning? Worse yet, unlike vacations, bar mitzvahs and non-emergency surgery, most of us have no idea if death will call this week, next year or in 30 years.

At a minimum, all of us should have a will and a health care directive.”

2012-06-11T14:06:49-07:00June 11th, 2012|Estate Planning|

Four Things Parents Should Tell Their Children About Their Estate Plan

Your Smart Money Moves:  “It’s interesting that as parents age, especially when they get 70, they start thinking about their own mortality. It’s hard to know what to tell your kids. I’m a parent today. As parents they have kids that get older, they start to think about which of their kids they think are responsible and which aren’t especially when it comes to money. Many parents are nervous to tell their kids about how much money they have or what’s happening with the family finances because they either don’t want to bother their kids or they’re worried that their kids may change their lives based on how much they know their future inheritance will be. However, there are a lot of parents that don’t spend enough time talking to their kids about estate planning or overall long-term planning with their kids at all. If you wanted to cue your parents in on what they should tell you, here are four things that I think are a must.”

2012-06-06T11:36:21-07:00June 6th, 2012|Estate Planning|

Gifting Ideas for Grandparents

Wicked Local Dedham:  “Graduation season is as proud a time for grandparents as it is for parents.

Grandparents, especially this year, can take special pride by helping their grandchildren pay for college. And by “gifting” grandchildren money for college, they can get a gift in return. In addition to the satisfaction of helping their children and grandchildren, they can also qualify for a significant tax break.

Helping your grandchildren pay for their college education may be the best gift you can give them. As the price of college continues to increase, more students and parents are borrowing to pay the cost. They’ll do what it takes to pay for college, as a college education is required for practically any well-paying job today.

But the higher salary college grads earn is often offset by the need to pay off student loans. With U.S. student loans totaling more than $1 trillion today, many college graduates begin their careers heavily in debt and find it difficult to pay it off. Those who graduate from college debt-free begin their careers with a huge financial advantage.

So what better gift can grandparents provide to their grandchildren than to help fund their college education?”

2012-05-30T11:27:31-07:00May 30th, 2012|Estate Planning, Gifts|

The Conversation Your Family Must Have Today

The Street:  “Adult children and their parents are normally hesitant to discuss money or financial affairs as these subjects can be awkward. Even though such conversations are difficult it is better to have them while both parties can meaningfully engage in the discussion.

What do I mean by both parties can engage in the discussion? I mean the parents have the cognitive or mental capacity to communicate their wishes to their adult children.

According to a report by the Alzheimer's Association, 5.2 million — or 1 in 8 Americans — over the age of 65 have Alzheimer's disease. The same report also cites a study which estimates 13.9% of Americans over age 71 suffer from some form of dementia.

For the aging parent getting your financial house in order is the responsible thing to do for yourself and your children. Likewise, adult children would be wise to engage in this dialogue before capacity becomes an issue. When an aging parent is struck with Alzheimer's disease or another from dementia it will be a draining and emotional experience for the adult child. Without proper planning it will be even more stressful.”

Have A Plan For Physcial And Digital Assets

9News:  “Some elements of planning out your estate are obvious, others not so much.

Increasingly your digital assets, everything from online bank accounts to frequent flier and rewards programs to social media are becoming a consideration for estate planning.

Financial writer Catey Hill suggests designating a “digital executor” to handle wrapping up your online life.”

2017-10-07T11:14:47-07:00May 30th, 2012|Digital Legacy, Estate Planning, Social Media|

Be Proactive, Not Reactive With Your Estate

JD Supra:  “Estate planning should be focused on anticipating possible outcomes and structuring your affairs for the tax-efficient disposition of your assets to your loved ones. However, all too frequently we estate-planning practitioners find ourselves working with clients in a reactive situation, trying to salvage an acceptable outcome out of some missed opportunity. Obviously, better outcomes are achieved when planning, rather than when reacting.”

2016-12-13T20:33:29-08:00May 24th, 2012|Common Problems, Estate Planning, Estate Tax|

Estate Planning Mistakes New Parents Don’t Want To Make

Lawyers.com:  “It’s official: Jacob and Sophia are America’s most popular baby names. Once you’ve settled on a name for your new bundle of joy, it’s not too early to make legal preparations as your child enters the world.

Jacob has been the No. 1 boy’s name for 13 years, according to the Social Security Administration, which released the list of top baby names for 2011. Sophia knocked Isabella to No. 2 after a two-year stint at the top of the list for girls.

If you have a young child in your home, it’s already time to start thinking about estate-planning issues to protect your newborn. Following are the five most common estate-planning mistakes that parents make after having a baby.”

Three Must Have Documents Everyone Should Have

There comes a point in every person's life when it is time to sit back and take stock of what you have accomplished.  This could be a beautiful family, a lovely home or a thriving business.  Whatever the source of your pride, it makes sense to protect it, just like you would any other asset.  You protect your home and your business with insurance, but what about yourself and your family?

Protecting yourself and your family doesn't have to be difficult or expensive.  But it does need to be done.  Here are the three must have documents everybody should have to protect themselves and their families:

1. Last Will & Testament

You probably know what this document is.  It disposes of your assets after your death.  Without a Will, your state of residence determines how your assets should be divided.  But can you really depend on some ambiguous state laws to protect your family?  Wouldn't it be better to lay everything out in such a way that ensures your wishes are followed?  This is what a Will does for you.

What many people don't know about Wills is that a Will is where you name the guardian for your minor children.  Don't have a Will?  Now the state gets to pick a guardian for your kids.  Do you trust the state to pick the best possible person to raise your children?  I don't know many people who would.

Your Will also names the Personal Representative of your estate.  This is the person responsible for administering your estate by paying your final taxes, paying any creditors and collecting and distributing your property.  Once again, without a Will, the state […]

More Famous Examples of Bad Estate Planning

Wealth Strategies Journal:  “A wise person once observed that a wreck on the shore serves as a beacon at sea.

Perhaps the estate planning errors of others can also serve as instructive examples. But one must concede that the most egregious train wrecks of bad planning can be mesmerizing.

Without further adieu, here is a collection of testators who left behind estates with notable errors, issues, and messes.”

2016-12-13T20:33:29-08:00May 22nd, 2012|Estate Fights, Estate Planning, Lawsuits, Rich & Famous|

Using Real Estate For Charitable Giving

Summit Daily:  “When it comes to charitable contributions, cash isn't necessarily king. The familiar three-legged stool metaphor as applied to philanthropy planning might include: 1) How much shall we plan to give? 2) Which causes will we support? and 3) What kinds of property shall we use to fund our contributions?

Charitable contributions are typically funded with cash; especially for people engaged in so-called “check book” philanthropy, who make contributions as part of their annual giving budget. But more significant gifts can be made of virtually any kind of property, each of which may have advantages in the form of special tax or estate planning considerations. Gifts can be made of securities, personal property such as jewelry or artwork and, increasingly, of real estate.”

2017-10-07T11:14:47-07:00May 21st, 2012|Estate Planning, Giving to Charity|

Younger Heirs And Women Worried About Being Ultra Wealthy

Estate of Denial:  “Wealth transfer, a perennially touchy issue for some families, offers an opportunity for advisors to step in and bridge generational gaps, according to a new study by Campden Wealth and Morgan Stanley Private Wealth Management on attitudes surrounding wealth transfers.

Younger members of ultra-wealthy households are grappling with their forebears for a say in wealth planning, and women are concerned about how money affects their relationships, the study found, after surveying 53 families with a net worth of $100 million or more earlier this year. “

2012-05-21T15:08:54-07:00May 21st, 2012|Estate Planning|

Veterans May Create Special Needs Trust For Disabled Children With Their Survivor Benefit Plan

Forbes:  “Currently, under the Survivor Benefit Plan (SBP), a military retiree can set aside up to 55 percent of his monthly retirement pay to provide their family members with a monthly stipend, after he or she dies. However, these benefits are counted as income and can prohibit a dependent child with disabilities from receiving Medicaid and Social Security Disability Insurance assistance.

According to Militaryfamily.org, the “Disabled Military Child Protection Act of 2012” (H.R. 4329) was introduced by Congressman Jim Moran in order to provide long-term care for severely disabled children of service members.”

2012-05-18T10:40:43-07:00May 18th, 2012|Estate Planning|

Using A 529 Plan With Your Estate Plan

Village Life:  “Now that another school year is drawing to a close, your young children are a step closer to the day when they’ll be heading off to college. Of course, as you’re probably aware, higher education doesn’t come cheap — and the costs seem to continuously climb. You can help your children — or even your grandchildren — meet these expenses by investing in a 529 plan. And this college savings vehicle offers estate-planning benefits.”

2012-05-11T11:12:32-07:00May 11th, 2012|Estate Planning, Tax Planning|

Should You Really Treat Your Children Equally?

The Street:  “The most common refrain I hear when assisting clients with estate planning is that they want to treat their children equally. It's a parent's instinctual, default position. However, it can be a flawed position to lead from. In some cases, you might need to treat your children differently when it comes to gifting and estate planning.  Notice I said differently but not unequally.

So what are some examples of treating your adult children differently:

• Not naming all of your children as successor executors

•Gifting the annual gift exclusion of $13,000 outright to some children while putting it in trust for another child

•Leaving one child's inheritance outright while leaving another child's inheritance in trust.”

2016-12-13T20:33:30-08:00May 11th, 2012|Estate Planning|

California Appeals Court Rules For Same Sex Partner in Estate Case

Estate of Denial:  “The California Court of Appeal established an important new legal protection for unmarried partners who are wrongfully prevented from inheriting property from each other when one partner dies. The Court of Appeal ruled in favor of the surviving same-sex partner of a deceased Southern California man in a lawsuit alleging that the deceased partner’s sister had intentionally prevented him from signing a will that would have left a share of his property to the surviving partner. The two men were not married and were not registered domestic partners, but had been in a committed relationship for nearly ten years.

The surviving partner, Brent Beckwith, filed the suit against his deceased partner’s sister, Susan Dahl, after the Los Angeles Superior Court ruled in a probate proceeding that Beckwith had no right to any share of his partner’s property because he had died without leaving a will and the couple were neither married nor registered as domestic partners. California law allows registered same-sex partners to inherit property in the same way as spouses, but provides no inheritance rights to couples who have not registered as domestic partners if one of them dies without a will.”

2016-12-13T20:33:30-08:00May 11th, 2012|Estate Fights, Estate Planning, LGBT Planning|

The Importance Of Getting Your Affairs In Order

The Columbus Dispatch:  “My brother Ross recently died of complications from lung cancer. He was 40.

Ross left a wonderful personal legacy. He was a good father, friend and coach. He was a dedicated educator who devoted his career to working with children with emotional, developmental and physical disabilities.

But like many Americans, my brother failed to take care of his financial affairs even after receiving word that his cancer had progressed and he might not have long to live. He just wouldn’t or couldn’t follow through on advice to prepare a will. Tragically, he was a single parent who left no written instructions regarding guardianship for his 3-year-old son.

Death is hard enough to deal with, but toss in a family with unresolved issues, along with no instructions from the deceased, and you have discord at the time you most need order.

Please, I’m begging you to get your financial affairs in order, especially if you have children or you are responsible for taking care of someone.”

2016-12-13T20:33:30-08:00May 10th, 2012|Estate Planning|

Homeless After Bad Estate Planning?

Huffington Post:  “As an estate planning attorney, I am often asked to transfer clients homes into their children's names. The reasons given for the request include a desire to avoid probate, reduce estate taxes and to protect the home in event of long-term care claims. These are certainly worthy objectives. However, transferring your home to your children is a clumsy method of trying to accomplish your estate-planning goals. Having counseled thousands of families over the years, I can tell you that this well-intentioned transfer is more likely to do harm than good.”

Estate Planning Can Get Messy With Blended Families

Record Online:  “The world is a different place today than it was in 1950. Back then, the majority of families were similar in makeup: father, mother, kids, dog, house and car — the Ozzie and Harriet paradigm. Elder law estate planning in those situations often followed very predictable patterns. The surviving spouse received the assets after the first death, and the children split the remaining assets when the second parent moved on.

Family situations have changed, and “blended families,” those with children from a previous marriage, are on the rise. Plus, the law has changed, with different tax situations, legal tools, long-term care concerns and other realities forcing elder law estate plans to take more into account.”

2016-12-13T20:33:30-08:00May 10th, 2012|Estate Planning|
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