The recent case of Mahan v. Charles W. Chan Insurance Agency, Inc. highlights the intricacies and reach of California’s elder abuse law. The facts of Mahan are representative of many financial elder abuse cases. As part of their estate plan, Fred and Martha Mahan in the 1990s created a revocable trust, the “Children’s Trust,” to hold their life insurance policies, with their daughter Maureen as trustee. The Mahans funded the […]
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Gift and estate tax issues can be especially complex in the case of an individual whose domicile or property spans multiple countries. Each country has its own gift and estate tax laws, and when a decedent resides in one country while owning property in another, the estate may be subject to both higher and duplicative taxes. A huge potential variable is the existence of an estate and gift tax treaty […]
Read MoreOne year after Prince’s death on April 21, 2016, the fate of his estate remains up in the air, and according to a recent article in the New York Times, the six likely heirs to the pop icon’s vast fortune are fighting. At issue are legal fees and the question how much discretion the estate’s administrator should have in managing the estate. But the disputes — as well as a […]
Read MoreFriends and clients have lately been asking me: Will President Donald J. Trump repeal the federal estate tax like he promised on the campaign trail? What happens if he does? How will any possible change affect individuals like me? Your questions may sound similar, and you should hear what I’ve been telling people. First, the details of Trump’s plan are still murky. Second, it is politically uncertain whether Congress would […]
Read MoreWhen somebody dies with an estate plan and a last will in place, the deceased person’s assets usually pass to the heirs smoothly and swiftly. But every once in a while things go awry, and the courts get involved. So it happened with a case that the 2nd District Court of Appeal in Los Angeles filed in November, Estate of Dayan. The case hinged on a no-contest clause in the […]
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IRS Proposed Rules Will Substantially Increase Estate and Gift Taxes On August 2, 2016 the IRS announced proposed rule changes that may have important consequences for assets that are owned by families. If the rules are finalized in their current proposed form, they will likely go into effect in December 2016. As is explained in more detail below, it is imperative that families that are contemplating transferring assets to family […]
Read MoreWe’ve all seen families fall apart. Siblings stop talking with each other. A son or a daughter cuts a parent out of his or her life. Obviously, the reasons for such breakups vary. But in my experience the number one divider is money. The best way I know to prevent family feuds over assets is to create an estate plan that works, and to avoid potential pitfalls in the process. Here’s […]
Read MoreTrusts, as we have known them for centuries, are made up of four parts: the settlor, the trust (i.e. the assets,) the trustee and the beneficiaries. But more recently a fifth element has come into play, a trust protector or trust advisor who has the power to direct a trustee to do or not do something. The Role of a California Trust Protector The role of trust protector originated with […]
Read MoreIf you were wronged in a business transaction, let’s say by a supplier of goods or a provider of living trust services, litigation can be a wonderful tool. You hire a lawyer who takes your claim to court, and ideally you end up with a judgement that leaves you feeling vindicated. After the case, you get on with your life, henceforth avoiding any business dealings with the party you sued. […]
Read MoreIf you own any form of assets, you’ve probably heard that you should avoid probate by putting your property in a trust. In cases where the value of an estate exceeds $150,000 — for smaller estates probate isn’t mandated — that is indeed sound advice, especially in California, where probate can be a lengthy and expensive process. But when it comes to trusts, I have often noticed that people expect […]
Read MoreAre double damages under Probate Code Section 859 tantamount to punitive damages? No, not according to an opinion that the Alameda Court of Appeals recently published. Why does it matter? Because the ruling and the legal strategies leading up to the decision hold valuable lessons for almost anyone who has anything to inherit. The case in question, Hill v. Superior Court, shows not only how probate litigation can lead to […]
Read MoreI’m curious: Did you create your estate plan before 2011? Does it include a bypass trust, aka family, credit shelter or B trust? If so, then you should be aware that changes in estate taxes may affect you and that you and your attorney should take a fresh look at your estate plan. This is especially important if your net worth is less than $6 million. A bypass trust, which […]
Read MoreThe IRS recently announced the estate and gift tax exemption for 2016; it has been set at $5.45 million for individuals and $10.9 million for couples. (The estate tax exemptions for the current tax year are $5.43 million and $10.86 million respectively. The slight rise reflects the very low inflation rate for 2015.) With a limit of $14,000 per gift, the annual gift tax exclusion will remain the same. So should […]
Read MoreLet’s say you’re having a good year financially, you’re single and without family obligations, and you decide to help out a nephew who is struggling to pay for his college education. You look at your various accounts, think about the appreciation of that piece of real estate that you bought two years ago, and you come up with a number; a check in the amount of $20,000, you think, would […]
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When creating an estate plan, tension often arises between carrying out the wishes of the person setting up the trust (aka the settlor) and the requirements of the law. The law often requires the settlor to make certain commitments in order to get tax and related benefits. That is why irrevocable trusts often make people nervous. The word “irrevocable” has finality to it, and raises the question, “Am I really […]
Read MoreDid you know that estate planning is more important for women than for men? Why? Women have a higher life expectancy than men, and those who marry tend to pick partners older than themselves. They are therefore not only more likely to become incapacitated as they age, but also more likely to be widowed. And in most cases, they will have the final say when it comes to the distribution […]
Read MoreFor most people, estate planning serves one purpose: to have ones affairs in order before it’s too late. By providing for guardianship for their children, writing up advance directives for healthcare and creating a will or an estate plan, people can ensure that the state will have no say over who raises their children, that their wishes with regards to end-of-life medical procedures are known and that their estate will […]
Read MoreA friend or a relative just passed away, and you find out that she named you as the executor for her estate. My guess is that you react with a mixed set of emotions. You’re grieving over the loss, feeling honored by the trust placed in you and nervous about taking on the assignment. Questions come up: What exactly does an executor do? How much time will you need to […]
Read MoreHow much life insurance do you carry? Just enough to cover your funeral expenses? Enough for your stay-at-home partner and your children to make it through until the kids have finished college? Enough for your spouse to live comfortably to the end if he or she invests the money wisely? In estate planning terms, does it even matter? Actually, no. What counts is: Will your life insurance, once it is […]
Read MoreIt’s been six years since Michael Jackson died, but his estate planning strategy still offers valuable lessons. I already talked about one lesson, the need to designate the right executor for your estate, in a previous post (“The Attics of Life”). Today, I want to look at a tool called pour-over will: How are these wills defined? Why are they useful? So back to Michael Jackson. When the King of […]
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