Estate planning is usually viewed as a sea of paperwork that, once completed, sits on a shelf to collect dust. You have peace of mind that it is complete and that your family will now be harmonious upon your death because they have a well-thought-out plan to follow when executing your last wishes. However, the big issues that tend to…
It starts out innocently enough, you bank with Chase, but your new mortgage is through Bank of America, and they offer you a half a percent discount on your mortgage if you open a new account with them. Then a local credit union offers a great rate on a car loan, so you open an account with them and become…
Betsy slowly lowered herself into a kitchen chair and buried her head in her hands. Since her husband, Bill, had died three days ago, she had been swept up in a whirlwind of activity. Between planning a funeral, notifying relatives, and nonstop condolence calls, she hadn’t had any time to grieve, much less think. Her gaze swept the room and…
Continuing care retirement communities (CCRCs) often require new residents to pay an entry fee in exchange for lifetime housing and priority access to healthcare, in addition to a monthly fee. These entry fees can be in the hundreds of thousands of dollars. In many cases, a sizable portion of the entry fee may be refundable to the resident if they move…
This is another installment in our very occasional series on estate planning lessons learned from celebrities. By now you all have heard the sad news that Aretha Franklin has died. She left behind a rich legacy of music she recorded for our enjoyment over her long career. But what she apparently did not leave behind is an estate plan. A…
We know lots of people don’t like to think or talk about dying. We can see how our own clients often put off doing their estate planning until something happens that they see as a wake-up call: a friend dies suddenly without a will, leaving a mess for the family; or our client has to serve as their parents’ estate…
Mary was ill-prepared for the drama that was probate. “I mean, seriously,” she told her friend, Amy. “Who would have thought Uncle Harry would leave his estate in such a mess? I found deeds, contracts, promissory notes, life insurance policies, and wills, multiple wills, in his house, stuffed in the trunk of his car, in his shed, even in his…
When MaryAnne’s father died, she was quite surprised to learn that she had been named trustee of the family trust. After all, her brother, Daniel, was a banker, and her sister, Katy, was a lawyer. She was a wife and mother with an unused elementary education degree. “Why would Dad name me trustee?” MaryAnne asked. “I have no qualifications. Heck,…
When Carole and Michael created a trust for the benefit of their adult children, they had two goals in mind. First, they wanted to avoid probate, and second, they wanted to take advantage of California Proposition 58, which permits transfers of real property from a parent to a child in a tax-advantageous manner. To facilitate their goals, they decided to…
