Failure to Title: Why Many Living Trusts Fail
A revocable living trust has many purposes. One of the popular reasons they are created is to avoid probate proceedings at the death of the trust creator. However, this purpose fails if proper titling and beneficiary designations are not created.
In past articles here on my blog and my law firm's blog I have discussed the importance of asset titling and beneficiary designations. The simple rule of thumb is this: if you fail to title, your trust will fail to launch.
As an estate planning attorney, nothing is more frustrating than watching perfectly well drafted trusts fail due to the failure to title assets properly. The titling process is as important in creating an estate plan as the plan documents themselves.
In the article below, this issue is again discussed. I encourage anyone considering estate planning or who already has a plan to review this article.
Let me know if you have titling questions or any other questions about estate planning. Thank you.
Bernie Greenberg
BECAUSE DEATH AND TAXES: Learn about what you need to do to be prepared for what's coming. Wills, trusts, taxes, probate. If you haven't experienced it you will. Estate planning is one of the most important things you can do to protect yourself and your family. Please join Bernie Greenberg's world of estate planning. www.kgattys.com
Tuesday, November 6, 2012
Friday, November 2, 2012
4 Reasons Estate Planning is the Best Gift of All
4 Reasons Estate Planning is the Best Gift of All
It's true! Estate planning really is the best gift and here I'll discuss four reasons why. Now I know what you may be thinking, "here he is again, that estate planning attorney from Castle Rock, telling me about the benefits of estate planning"! And you know, you're right, but not for the reasons you think. You see, estate planning is not only beneficial, but is a gift to your family that is so significant, that all other gifts combined pale in comparison. Let's see why.
Four reasons that estate planning is the best gift of all:
1. Estate planning never stops giving.
One feature of an estate plan is that it never stops giving--it never stops protecting you, your family and your loved ones along with your assets and property. While you want to keep your plan current and update it due to changing family circumstances or needs, it is always there. More on that part below.
2. Your estate plan is the best way to protect yourself.
As I have discussed in prior articles, one important purpose of your estate plan is to protect you in the event of unplanned illness, disability or death. Since your estate plan protects you against these risks, it makes your estate plan one of the best, if not the best way to protect yourself. This is done with Powers of Attorney and medical directives and Living Wills.
3. Your estate plan is the best way to protect your family.
Our families rely on us for all sorts of things. In fact, for many families, it is not possible to even list all of the things that we are relied on to provide. Financial support, emotional support and others are the just the beginning of the ways you support your family. When you create your estate plan, you can provide this support to your family when they most need it---when you are not available! Nothing else can provide this protection to your family.
Your estate plan does this with Wills, Trusts and other estate planning arrangements.
4. Your estate plan allows you to control the future.
Yes, it's true, your estate plan can control the future. The truth is, the future is uncertain and no one can know what it will bring. What your estate plan can do is allow you to control the outcome of events in the future that are difficult to predict or project. For example, we don't know if an unplanned near-term disability is in our future. But if it does happen, your estate plan can control how you are treated and cared for. Your estate plan is the only way that the outcomes of an uncertain future can be controlled.
No other gift provides these four benefits which is why I am suggesting that estate planning is the best gift of all.
What do you think? Please join our conversation and share your thoughts on this topic. Thank you.
Bernie Greenberg
It's true! Estate planning really is the best gift and here I'll discuss four reasons why. Now I know what you may be thinking, "here he is again, that estate planning attorney from Castle Rock, telling me about the benefits of estate planning"! And you know, you're right, but not for the reasons you think. You see, estate planning is not only beneficial, but is a gift to your family that is so significant, that all other gifts combined pale in comparison. Let's see why.
Four reasons that estate planning is the best gift of all:
1. Estate planning never stops giving.
One feature of an estate plan is that it never stops giving--it never stops protecting you, your family and your loved ones along with your assets and property. While you want to keep your plan current and update it due to changing family circumstances or needs, it is always there. More on that part below.
2. Your estate plan is the best way to protect yourself.
As I have discussed in prior articles, one important purpose of your estate plan is to protect you in the event of unplanned illness, disability or death. Since your estate plan protects you against these risks, it makes your estate plan one of the best, if not the best way to protect yourself. This is done with Powers of Attorney and medical directives and Living Wills.
3. Your estate plan is the best way to protect your family.
Our families rely on us for all sorts of things. In fact, for many families, it is not possible to even list all of the things that we are relied on to provide. Financial support, emotional support and others are the just the beginning of the ways you support your family. When you create your estate plan, you can provide this support to your family when they most need it---when you are not available! Nothing else can provide this protection to your family.
Your estate plan does this with Wills, Trusts and other estate planning arrangements.
4. Your estate plan allows you to control the future.
Yes, it's true, your estate plan can control the future. The truth is, the future is uncertain and no one can know what it will bring. What your estate plan can do is allow you to control the outcome of events in the future that are difficult to predict or project. For example, we don't know if an unplanned near-term disability is in our future. But if it does happen, your estate plan can control how you are treated and cared for. Your estate plan is the only way that the outcomes of an uncertain future can be controlled.
No other gift provides these four benefits which is why I am suggesting that estate planning is the best gift of all.
What do you think? Please join our conversation and share your thoughts on this topic. Thank you.
Bernie Greenberg
Monday, September 24, 2012
Joint Tenancy vs. Tenancy in Common: What is the Difference?
For Estate Planning Which is Better: Joint Tenancy or Tenancy in Common? The Answer May Surprise You!
Many estate planning clients are unaware of the difference between joint tenancy and tenancy in common. Not knowing can be hazardous to your family and property and interfere with the proper result with your Will or estate planning.
Let's discuss how TIC works vs. JTWROS.
1. JTWROS is a legal fiction. This is because each joint owner owns an undivided 100% interest in the property. Because each cannot own 100%, it is actually a construct to produce the following result. When the first joint owner dies, the deceased owner's interest vanishes. The survivor is left owning 100% of the property. Title doesn't pass to the survivor, they already owned 100%. The interest of the deceased owner vanishes for title purposes.
This is why for some couples of very modest means, owning property jointly works like a mini-estate plan to avoid probate at the first death. It accomplishes nothing at the second owner's death.
2. TIC ownership is different. Each TIC owner owns an undivided 50% ownership interest unless the title document, the deed specifies a different percentage. When the first TIC owner dies, their percentage interest passes through their estate or estate plan. The survivor's percentage interest remains in the survivor's hands.
The catch is this: neither is better than the other. The consequences of each is different. We pick the form of ownership we want based on how we want things to work, both on the first death and the second death. There are also tax differences that are beyond the scope of this article.
To learn if you have the right ownership form on real estate or other property, consult with your estate planning attorney immediately.
Let me know what you think and if you have comments and questions. Thank you.
Bernie Greenberg
Many estate planning clients are unaware of the difference between joint tenancy and tenancy in common. Not knowing can be hazardous to your family and property and interfere with the proper result with your Will or estate planning.
Let's discuss how TIC works vs. JTWROS.
1. JTWROS is a legal fiction. This is because each joint owner owns an undivided 100% interest in the property. Because each cannot own 100%, it is actually a construct to produce the following result. When the first joint owner dies, the deceased owner's interest vanishes. The survivor is left owning 100% of the property. Title doesn't pass to the survivor, they already owned 100%. The interest of the deceased owner vanishes for title purposes.
This is why for some couples of very modest means, owning property jointly works like a mini-estate plan to avoid probate at the first death. It accomplishes nothing at the second owner's death.
2. TIC ownership is different. Each TIC owner owns an undivided 50% ownership interest unless the title document, the deed specifies a different percentage. When the first TIC owner dies, their percentage interest passes through their estate or estate plan. The survivor's percentage interest remains in the survivor's hands.
The catch is this: neither is better than the other. The consequences of each is different. We pick the form of ownership we want based on how we want things to work, both on the first death and the second death. There are also tax differences that are beyond the scope of this article.
To learn if you have the right ownership form on real estate or other property, consult with your estate planning attorney immediately.
Let me know what you think and if you have comments and questions. Thank you.
Bernie Greenberg
Friday, August 17, 2012
Three Things to Know About Which Comes First: Financial Planning or Estate Planning?
Which Comes First, Your Financial Plan or Your Estate Plan? Here are the three reasons you MUST do your estate plan first.
I am asked frequently, which comes first, a client's financial plan, or estate plan? How an advisor answers this question will tell you much about whether their priorities are aligned with yours or not.
Here are the three things you need to know to answer this question and properly protect yourself, your family and your property.
1. Financial Planning Requires Time.
Financial planning is important to your financial success. However, for any financial plan to work there is a vital requirement: time and lots of it. Financial planning is a process of goal setting, asset alignment coupled with savings and investment--over time. Here's one example:
Say you want to ensure a child can go to college. Your financial planner will assist you in establishing a plan that will involve savings and investment so that by college age, the college fund will either pay for or assist in college related expenses. The critical element in the plan is time. There will be insufficient funds the first few years of the plan to pay for college. You can see the same applies to goals like retirement. If the time horizon is not realized the plan fails. This is the reason that life insurance is an estate planning tool before it is used in a financial plan. More on that thought below.
2. Protect Against the Worst Risk First.
The worst risk any client faces is dying or becoming disabled too soon. In other words, a near-term event that is unplanned. Unlike the financial planning time horizon, the worst risk can happen any time. A main reason to do your estate plan is to protect against the worst risk--an unplanned death or disability. Since this is an unplanned event, protecting against such risk is priority ONE.
3. Estate Planning Has No Time Requirement.
There is no time required for your estate plan to work. Your estate plan must take into account the unplanned and near-terms risks mentioned above. I can tell you that most clients who live to life expectancy do not die with their original estate plan. A client's estate plan will be revised several times over the course of their life. This is the beauty and necessity of the estate plan. It requires no time, no specific course of events in order to operate, unlike a financial plan. As mentioned above, this is why life insurance is part of estate planning before it is considered in the financial plan--we can protect against an unplanned, near-term death with life insurance.
Those are the three reasons that your estate plan comes before your financial plan. Both are important and you should pursue both. Start with your estate planning to protect against the worst risk first and then start your financial plan.
Let me know your thoughts on this important estate planning issue, your comments and questions are welcome. Feel free to email me at: bgreenberg@kgattys.com or call me any time at: 303-688-3535. Thank you.
Bernie Greenberg
I am asked frequently, which comes first, a client's financial plan, or estate plan? How an advisor answers this question will tell you much about whether their priorities are aligned with yours or not.
Here are the three things you need to know to answer this question and properly protect yourself, your family and your property.
1. Financial Planning Requires Time.
Financial planning is important to your financial success. However, for any financial plan to work there is a vital requirement: time and lots of it. Financial planning is a process of goal setting, asset alignment coupled with savings and investment--over time. Here's one example:
Say you want to ensure a child can go to college. Your financial planner will assist you in establishing a plan that will involve savings and investment so that by college age, the college fund will either pay for or assist in college related expenses. The critical element in the plan is time. There will be insufficient funds the first few years of the plan to pay for college. You can see the same applies to goals like retirement. If the time horizon is not realized the plan fails. This is the reason that life insurance is an estate planning tool before it is used in a financial plan. More on that thought below.
2. Protect Against the Worst Risk First.
The worst risk any client faces is dying or becoming disabled too soon. In other words, a near-term event that is unplanned. Unlike the financial planning time horizon, the worst risk can happen any time. A main reason to do your estate plan is to protect against the worst risk--an unplanned death or disability. Since this is an unplanned event, protecting against such risk is priority ONE.
3. Estate Planning Has No Time Requirement.
There is no time required for your estate plan to work. Your estate plan must take into account the unplanned and near-terms risks mentioned above. I can tell you that most clients who live to life expectancy do not die with their original estate plan. A client's estate plan will be revised several times over the course of their life. This is the beauty and necessity of the estate plan. It requires no time, no specific course of events in order to operate, unlike a financial plan. As mentioned above, this is why life insurance is part of estate planning before it is considered in the financial plan--we can protect against an unplanned, near-term death with life insurance.
Those are the three reasons that your estate plan comes before your financial plan. Both are important and you should pursue both. Start with your estate planning to protect against the worst risk first and then start your financial plan.
Let me know your thoughts on this important estate planning issue, your comments and questions are welcome. Feel free to email me at: bgreenberg@kgattys.com or call me any time at: 303-688-3535. Thank you.
Bernie Greenberg
Thursday, July 26, 2012
U.S. Senate Declares War on Small Estates! How to Arm Your Estate Plan and Fight Back
On July 25, 2012 the U.S. Senate declared war on your estate. Here's how your estate plan can fight back!
In a shocking political move on July 25, 2012 the U.S. Senate fired the first volley in a political war on federal taxes. The Senate passed a bill (which has little, if any, hope of passage in Congress) extending for one year several income tax benefits for most Americans. High income earners see significantly higher income taxes under this bill.
However, the bill does not extend the existing $5 million estate tax exemption. Instead, in a move that should strike fear in your estate planning, the bill returns all federal transfer tax (estate; gift; and generation skipping) exemptions to the 2003 level of only $1 million. While this number sounds high it is actually alarmingly low.
The federal estate exemption stood at a mere $600,000 in 1987. In 2012 dollars, that would equal a little over $4.7 million. So the 2012 exemption of $5 million only keeps pace with the 1987 exemption. The Senate bill turns the estate planning world upside down by redefining wealth in the U.S. Now the Senate has targeted small and middle class estates for the largest tax hike in history.
Now it is doubtful that the Senate's bill will become law. First, it is a slap in the face of President Obama, who asked for a bill setting the estate tax exemption at $3.5 million, it's level in 2009. Second, such an assault on middle class families is not only politically unwise in an election year, it is widely viewed as political grandstanding.
Nevertheless, this bill is out there and if it did become law, represents a major strike against your family and your property. So how do you protect yourself and make sure your estate plan is properly armed against this attack? Here are 3 simple steps to follow:
1. Review your estate plan immediately with your estate planning attorney.
2. If you don't have an estate plan, it's now time to do your plan. Learn how this bill affects you and your family and what your options are.
3. Act quickly. Several options and strategies require both spouses to be alive to take advantage of the current exemption rules. This means you should approach completing our estate plan with urgency.
We watch the progress of this bill as it attempts to wind it's way through Congress. With the election season upon us you will hear much about this in the coming days. To find out how this bill may affect you and your family, please let me know.
Bernie Greenberg
In a shocking political move on July 25, 2012 the U.S. Senate fired the first volley in a political war on federal taxes. The Senate passed a bill (which has little, if any, hope of passage in Congress) extending for one year several income tax benefits for most Americans. High income earners see significantly higher income taxes under this bill.
However, the bill does not extend the existing $5 million estate tax exemption. Instead, in a move that should strike fear in your estate planning, the bill returns all federal transfer tax (estate; gift; and generation skipping) exemptions to the 2003 level of only $1 million. While this number sounds high it is actually alarmingly low.
The federal estate exemption stood at a mere $600,000 in 1987. In 2012 dollars, that would equal a little over $4.7 million. So the 2012 exemption of $5 million only keeps pace with the 1987 exemption. The Senate bill turns the estate planning world upside down by redefining wealth in the U.S. Now the Senate has targeted small and middle class estates for the largest tax hike in history.
Now it is doubtful that the Senate's bill will become law. First, it is a slap in the face of President Obama, who asked for a bill setting the estate tax exemption at $3.5 million, it's level in 2009. Second, such an assault on middle class families is not only politically unwise in an election year, it is widely viewed as political grandstanding.
Nevertheless, this bill is out there and if it did become law, represents a major strike against your family and your property. So how do you protect yourself and make sure your estate plan is properly armed against this attack? Here are 3 simple steps to follow:
1. Review your estate plan immediately with your estate planning attorney.
2. If you don't have an estate plan, it's now time to do your plan. Learn how this bill affects you and your family and what your options are.
3. Act quickly. Several options and strategies require both spouses to be alive to take advantage of the current exemption rules. This means you should approach completing our estate plan with urgency.
We watch the progress of this bill as it attempts to wind it's way through Congress. With the election season upon us you will hear much about this in the coming days. To find out how this bill may affect you and your family, please let me know.
Bernie Greenberg
Tuesday, July 10, 2012
Is the End of the Year the End of Estate Planning as We Know it? Is the End of Your Estate Plan?
Is the end of the year the end of estate planning? Is this the end of your estate plan? Maybe!
The end of 2012 will bring huge changes to the world of estate planning. Unless the Congress and President act, three central foundations of estate planning will drastically change, and the change for you is all bad. How does this affect your estate plan? Maybe not at all and maybe it is the end for your plan. Read on to learn more.
The End of Estate Planning As We Know It? Probably Not.
First, let's review what happens at the end of the year. The three major tax exemptions used in estate planning, estate tax, gift tax and generation skipping transfer tax all revert from $5 million to only $1 million starting January 1, 2013. Much of what we do in estate planning is built on these three exemptions.
However, I don't think it is the end of estate planning as we know it. Since we don't let the tax tail wag the family dog, what this will mean is that millions more will be doing more complex estate plans since the exemptions will be significantly lower. So for us estate planning lawyers that will be good! For the clients,not so much. We will still do estate plans for the same reasons as before: to protect our clients, their families and their property. But starting in 2013, millions who had no estate, gift or generation skipping tax concerns will now have them--in spades.
The End of Your Plan? Perhaps!
If you didn't do estate tax planning previously because your estate was less than $5 million, you may have to do so now. If you had a plan that used your estate tax exemptions, it just won't work as well for your family with the much lower exemptions starting in 2013.
What should you do? Have your plan reviewed immediately. Next, write your Congressional representatives and Senators and tell them how you feel about this. Maybe your voice will make a difference. We recommend to all of our clients to not depend on politicians to solve your families' estate plan issues. Don't do it now.
And maybe, just maybe, Congress and the President will come to their respective senses and fix this with some finality and permanency so you can have some certainty knowing that your estate plan will operate the way that it is supposed to. But don't count on it!
what are your thoughts? Please join our conversation on estate planning and these issues. I look forward to hearing from you.
Bernie Greenberg
The end of 2012 will bring huge changes to the world of estate planning. Unless the Congress and President act, three central foundations of estate planning will drastically change, and the change for you is all bad. How does this affect your estate plan? Maybe not at all and maybe it is the end for your plan. Read on to learn more.
The End of Estate Planning As We Know It? Probably Not.
First, let's review what happens at the end of the year. The three major tax exemptions used in estate planning, estate tax, gift tax and generation skipping transfer tax all revert from $5 million to only $1 million starting January 1, 2013. Much of what we do in estate planning is built on these three exemptions.
However, I don't think it is the end of estate planning as we know it. Since we don't let the tax tail wag the family dog, what this will mean is that millions more will be doing more complex estate plans since the exemptions will be significantly lower. So for us estate planning lawyers that will be good! For the clients,not so much. We will still do estate plans for the same reasons as before: to protect our clients, their families and their property. But starting in 2013, millions who had no estate, gift or generation skipping tax concerns will now have them--in spades.
The End of Your Plan? Perhaps!
If you didn't do estate tax planning previously because your estate was less than $5 million, you may have to do so now. If you had a plan that used your estate tax exemptions, it just won't work as well for your family with the much lower exemptions starting in 2013.
What should you do? Have your plan reviewed immediately. Next, write your Congressional representatives and Senators and tell them how you feel about this. Maybe your voice will make a difference. We recommend to all of our clients to not depend on politicians to solve your families' estate plan issues. Don't do it now.
And maybe, just maybe, Congress and the President will come to their respective senses and fix this with some finality and permanency so you can have some certainty knowing that your estate plan will operate the way that it is supposed to. But don't count on it!
what are your thoughts? Please join our conversation on estate planning and these issues. I look forward to hearing from you.
Bernie Greenberg
Monday, June 25, 2012
5 Ways The Election Upcoming Affects Your Estate Plan
Do You Know How Your Estate Plan is Affected by the Upcoming Elections? These five impacts could destroy your family's plan!
If you haven't been following the on-going debate about federal estate tax policy, you may not be aware of how much the upcoming election affects your estate plan. The impact may be greater than you think!
1. If your estate plan is based on the federal estate tax exemption it will severely impacted since the exemption drops from $5 million to $1 million on January 1, 2013. You will want to check your plan to make sure this drop doesn't negatively affect your family and property.
2. If your plan relies on the exemption against the generation skipping transfer tax, it requires immediate review. The GSTT exemption also reduces to $1 million on 1/1/2013.
3. If you are using the exemption against the federal gift tax to eliminate or reduce gift taxes on large gifts, your estate plan is severely affected by the reduction in the gift tax exemption to $1 million on 1/1/2013.
4. While these exemptions may seem large, when you count your life insurance, IRA's and pensions as part of your taxable estate, they are not overly large, especially come January 1, 2013 when all these exemptions are reduced to $1 million. Many of my clients feel like their estates are modest until we sit down and add up things like life insurance death benefits.
5. If your plan relies on a mandatory allocation at the first death to a family or exemption share trust, your plan is being controlled by whatever Congress does with the exemption. With the drastic reductions in these three exemptions coming January 1, 2013, how you thought your estate plan works is no longer the case.
Whether the Congress and President may fix this estate planning asteroid is the subject for other articles and I make no prediction here about that. However, the results of this upcoming election could have significant bearing on the direction that politicians decide to take our estate tax policy. While this may be positive or negative depending on your political leaning, there is little debate that leaving your family's security to the the whims of politicians is unwise.
To learn how these upcoming changes may affect your family, please leave me a comment here, or send me an email to: bgreenberg@kgattys.com or give me a call. As always, thank you for your interest!
Bernie Greenberg
If you haven't been following the on-going debate about federal estate tax policy, you may not be aware of how much the upcoming election affects your estate plan. The impact may be greater than you think!
1. If your estate plan is based on the federal estate tax exemption it will severely impacted since the exemption drops from $5 million to $1 million on January 1, 2013. You will want to check your plan to make sure this drop doesn't negatively affect your family and property.
2. If your plan relies on the exemption against the generation skipping transfer tax, it requires immediate review. The GSTT exemption also reduces to $1 million on 1/1/2013.
3. If you are using the exemption against the federal gift tax to eliminate or reduce gift taxes on large gifts, your estate plan is severely affected by the reduction in the gift tax exemption to $1 million on 1/1/2013.
4. While these exemptions may seem large, when you count your life insurance, IRA's and pensions as part of your taxable estate, they are not overly large, especially come January 1, 2013 when all these exemptions are reduced to $1 million. Many of my clients feel like their estates are modest until we sit down and add up things like life insurance death benefits.
5. If your plan relies on a mandatory allocation at the first death to a family or exemption share trust, your plan is being controlled by whatever Congress does with the exemption. With the drastic reductions in these three exemptions coming January 1, 2013, how you thought your estate plan works is no longer the case.
Whether the Congress and President may fix this estate planning asteroid is the subject for other articles and I make no prediction here about that. However, the results of this upcoming election could have significant bearing on the direction that politicians decide to take our estate tax policy. While this may be positive or negative depending on your political leaning, there is little debate that leaving your family's security to the the whims of politicians is unwise.
To learn how these upcoming changes may affect your family, please leave me a comment here, or send me an email to: bgreenberg@kgattys.com or give me a call. As always, thank you for your interest!
Bernie Greenberg
Wednesday, June 20, 2012
AICPA Urges Congress to Speed Up on Permanent Estate Tax Changes | Audit Profession News & Events
If you ever wondered why estate planning can be difficult, one reason is the ever-changing estate tax laws. These changes are a result of political in-fighting in Washington and not the result of tax policy. In this brief article, the AICPA describes nicely why a permanent fix to our federal estate tax laws is critical.
AICPA Urges Congress to Speed Up on Permanent Estate Tax Changes | Audit Profession News & Events
Without a permanent, or even semi-permanent estate and gift tax exemption, estate planning, at best, can only be temporary for clients. This forces many clients to opt for solutions that run counter to how they would plan if the exemptions were fixed.
What do you think about this issue? Is this something that you care about. I hope that everyone becomes interested in this due to what happens with your exemptions on January 1, 2013. Unless Congress and the President agree on a fix for this, your estate, gift and generation skipping tax exemptions are reduced on that date to $1,000,000. This is significant since that number is about 460% less than the exemption was back in 1987 when adjusted for inflation.
I look forward to your questions and comments. Thank you.
Bernie Greenberg
AICPA Urges Congress to Speed Up on Permanent Estate Tax Changes | Audit Profession News & Events
Without a permanent, or even semi-permanent estate and gift tax exemption, estate planning, at best, can only be temporary for clients. This forces many clients to opt for solutions that run counter to how they would plan if the exemptions were fixed.
What do you think about this issue? Is this something that you care about. I hope that everyone becomes interested in this due to what happens with your exemptions on January 1, 2013. Unless Congress and the President agree on a fix for this, your estate, gift and generation skipping tax exemptions are reduced on that date to $1,000,000. This is significant since that number is about 460% less than the exemption was back in 1987 when adjusted for inflation.
I look forward to your questions and comments. Thank you.
Bernie Greenberg
Thursday, May 17, 2012
4 Reasons You Absolutely Need a Will
Everyone talks about why you should have a Will; here are four bulletproof reasons you must have one!
You've heard it all before, you should have a Will or estate plan. Less than 40% of people in the U.S. do, which given how much we hear about it is alarming. Well, it's true, you SHOULD have a Will or estate plan and here are four reasons you MUST.
1. So everything that happens is your choice.
There is nothing more important than having what happens to you and your property and family be a result of your own choice. Now some of my more esoteric friends claim that everything that happens is a result of our own choosing, but that's not the point here. What this reason refers to is having what happens during your disability or upon your death be outcomes that you choose and not those that are chosen for you by politicians, inappropriate family members or strangers.
2. Keeping the politicians out of your family's business.
If you have a Will and/or plan you control who is involved and what happens. But if you don't, all bets are off and you, upon disability and your estate upon your death are under full control of the Courts where you live. I don't know anyone who is happy with that.
Also, why wait for politicians to solve your issues. If you are in a State that doesn't permit domestic partnerships or same sex marriages, why wait for politicians to protect you. You can do it all yourself, privately, elegantly and effectively.
3. Your kids go with whom you choose, not a foster family.
Need anymore be said on this point?
4. Your plan = your plan, not some politician's plan or unwanted family member's ideas.
When you have your own plan, you design it, construct it and own it. Everything that happens is a result of your own choices. With our society the way that it is, why not keep things the way that you want? Who wants to be on the TV news?
There you have them: 4 bulletproof reasons you MUST have your own Will or estate plan. If you want to know how any of this applies to you, just send me an email to: bgreenberg@kgattys.com or call me at: 303-688-3535.
Thank you for your interest and I look forward to your joining our conversation.
Bernie Greenberg
You've heard it all before, you should have a Will or estate plan. Less than 40% of people in the U.S. do, which given how much we hear about it is alarming. Well, it's true, you SHOULD have a Will or estate plan and here are four reasons you MUST.
1. So everything that happens is your choice.
There is nothing more important than having what happens to you and your property and family be a result of your own choice. Now some of my more esoteric friends claim that everything that happens is a result of our own choosing, but that's not the point here. What this reason refers to is having what happens during your disability or upon your death be outcomes that you choose and not those that are chosen for you by politicians, inappropriate family members or strangers.
2. Keeping the politicians out of your family's business.
If you have a Will and/or plan you control who is involved and what happens. But if you don't, all bets are off and you, upon disability and your estate upon your death are under full control of the Courts where you live. I don't know anyone who is happy with that.
Also, why wait for politicians to solve your issues. If you are in a State that doesn't permit domestic partnerships or same sex marriages, why wait for politicians to protect you. You can do it all yourself, privately, elegantly and effectively.
3. Your kids go with whom you choose, not a foster family.
Need anymore be said on this point?
4. Your plan = your plan, not some politician's plan or unwanted family member's ideas.
When you have your own plan, you design it, construct it and own it. Everything that happens is a result of your own choices. With our society the way that it is, why not keep things the way that you want? Who wants to be on the TV news?
There you have them: 4 bulletproof reasons you MUST have your own Will or estate plan. If you want to know how any of this applies to you, just send me an email to: bgreenberg@kgattys.com or call me at: 303-688-3535.
Thank you for your interest and I look forward to your joining our conversation.
Bernie Greenberg
Wednesday, May 9, 2012
Helping Your Clients Overcome Tax Planning Paralysis | American Academy of Estate Planning Attorneys - Blog
Many people are unaware of how significant the tax changes coming at the end of this year actually are. This article (just click the link below) is an excellent summary of several of those and I encourage you to read this and pass it along to family and friends.
Unless Congress acts, these changes are in the law and will be the law on January 1, 2013. You can protect yourself and your family by being aware of the changes and taking actions now.
Helping Your Clients Overcome Tax Planning Paralysis | American Academy of Estate Planning Attorneys - Blog:
'via Blog this'
Let me know what your thoughts are. If you want to know how these changes may affect you and your family, please send me an email at: bgreenberg@kgattys.com or call me at: 303-688-3535.
Thank you for your interest in estate planning and I look forward to your joining our conversation.
Bernie Greenberg
Unless Congress acts, these changes are in the law and will be the law on January 1, 2013. You can protect yourself and your family by being aware of the changes and taking actions now.
Helping Your Clients Overcome Tax Planning Paralysis | American Academy of Estate Planning Attorneys - Blog:
'via Blog this'
Let me know what your thoughts are. If you want to know how these changes may affect you and your family, please send me an email at: bgreenberg@kgattys.com or call me at: 303-688-3535.
Thank you for your interest in estate planning and I look forward to your joining our conversation.
Bernie Greenberg
Tuesday, April 10, 2012
A View From the Estate Planning Trenches
A View From the Estate Planning Trenches-Big Surprises Ahead for the Unprepared!
Many things are happening in the world of estate planning. Much depends on our elections in November, and I'll have more comments about that in the future. Here in the estate planning trenches, I thought I would share some things I have noticed recently you might have missed.
First, I hope you noticed that my law firm has merged with another law firm. The new firm is called KOKISH & GOLDMANIS, P.C. It is very exciting, we have a busy and vibrant office with some of the best lawyers around. It is wonderful for me to be able to continue my work specializing in estate planning and estate and trust administration, while also being able to offer a whole range of other legal services to my clients. Simply put, if you need a lawyer for anything, call me and I'll get you to the appropriate person who can handle your case.
Second, I am seeing an alarming number of people who either don't have a Will or estate plan of any type, or who haven't reviewed existing documents for a very long time. Since National Healthcare Decisions Day (NHDD),is April 16th, this is surprising. If you don't have documents, or don't have your plan yet, it's time to start.
Third, National Healthcare Decisions Day (NHDD), is April 16th. This day is sponsored by DocuBank and is all about making sure that your healthcare decisions are known and are carried out should something happen to you. It's about protecting yourself and not placing an undue burden on your family if you haven't communicated your wishes. Call me at 303-688-3535 and I'll help you get started.
Fourth and last, pretty much everyone I speak with is ignoring the estate tax asteroid aimed at them come January 1st of 2013. Under current law, millions more Americans will become subject to a 55% federal estate tax unless Congress and the President come up with a new solution. Whether that will happen is a subject for another article. For us, it means that if you rely on politicians to protect your assets and family, you are at risk. Again, call me and I can point you in the right directions to see how this tax law impacts you.
So that's the current view from the estate planning trenches. What do you see from your spot? Let me know, and please feel free to join our conversation, I look forward to hearing from you. Thank you.
Bernie Greenberg
303-688-3535
Many things are happening in the world of estate planning. Much depends on our elections in November, and I'll have more comments about that in the future. Here in the estate planning trenches, I thought I would share some things I have noticed recently you might have missed.
First, I hope you noticed that my law firm has merged with another law firm. The new firm is called KOKISH & GOLDMANIS, P.C. It is very exciting, we have a busy and vibrant office with some of the best lawyers around. It is wonderful for me to be able to continue my work specializing in estate planning and estate and trust administration, while also being able to offer a whole range of other legal services to my clients. Simply put, if you need a lawyer for anything, call me and I'll get you to the appropriate person who can handle your case.
Second, I am seeing an alarming number of people who either don't have a Will or estate plan of any type, or who haven't reviewed existing documents for a very long time. Since National Healthcare Decisions Day (NHDD),is April 16th, this is surprising. If you don't have documents, or don't have your plan yet, it's time to start.
Third, National Healthcare Decisions Day (NHDD), is April 16th. This day is sponsored by DocuBank and is all about making sure that your healthcare decisions are known and are carried out should something happen to you. It's about protecting yourself and not placing an undue burden on your family if you haven't communicated your wishes. Call me at 303-688-3535 and I'll help you get started.
Fourth and last, pretty much everyone I speak with is ignoring the estate tax asteroid aimed at them come January 1st of 2013. Under current law, millions more Americans will become subject to a 55% federal estate tax unless Congress and the President come up with a new solution. Whether that will happen is a subject for another article. For us, it means that if you rely on politicians to protect your assets and family, you are at risk. Again, call me and I can point you in the right directions to see how this tax law impacts you.
So that's the current view from the estate planning trenches. What do you see from your spot? Let me know, and please feel free to join our conversation, I look forward to hearing from you. Thank you.
Bernie Greenberg
303-688-3535
Friday, February 24, 2012
4 Ways to Know Your Estate Plan Needs Review
4 Ways To Know Your Estate Plan is Out of Date and Requires Attention:
Many clients ask, "How can I tell if my estate plan is current?" Here are four things to check. If ANY of these apply, then your plan is seriously out of date and requires some immediate attention.
1. You don't have an estate plan.
This one is obvious and requires no further comment.
2. Your estate plan is more than two years old.
Since the laws change so frequently, and client's situations change, reviewing the plan every two years or so is crucial to ensuring that the plan stays in sync with your goals and objectives.
3. Your plan does not include Durable Powers of Attorney.
Since it is possible to become incapacitated without dying, having Durable Powers of Attorney is the way to protect yourself.
4. Your plan and Powers of Attorney does not address HIPAA.
Making sure your plan appoints a HIPAA Personal Representative, especially in the Durable Powers of Attorney will ensure that your designated agents can speak with your doctors and other medical personnel if you are incapacitated.
There you have them: the four ways to know that your estate plan is out of date and needs a review. Let me know if you have questions or comments and feel free to join our conversations about estate planning.
Bernie Greenberg
Many clients ask, "How can I tell if my estate plan is current?" Here are four things to check. If ANY of these apply, then your plan is seriously out of date and requires some immediate attention.
1. You don't have an estate plan.
This one is obvious and requires no further comment.
2. Your estate plan is more than two years old.
Since the laws change so frequently, and client's situations change, reviewing the plan every two years or so is crucial to ensuring that the plan stays in sync with your goals and objectives.
3. Your plan does not include Durable Powers of Attorney.
Since it is possible to become incapacitated without dying, having Durable Powers of Attorney is the way to protect yourself.
4. Your plan and Powers of Attorney does not address HIPAA.
Making sure your plan appoints a HIPAA Personal Representative, especially in the Durable Powers of Attorney will ensure that your designated agents can speak with your doctors and other medical personnel if you are incapacitated.
There you have them: the four ways to know that your estate plan is out of date and needs a review. Let me know if you have questions or comments and feel free to join our conversations about estate planning.
Bernie Greenberg
Thursday, February 16, 2012
Is That Legal? — Identity Theft Protection: 5 Reminders for Staying Safe
Identity Theft: Ways to Protect Yourself:
Here is an article from Is That Legal that has some useful tips on protecting yourself from identity theft. Let me know what you think of these tips.
Is That Legal? — Identity Theft Protection: 5 Reminders for Staying Safe:
'via Blog this'
Is That Legal? — Identity Theft Protection: 5 Reminders for Staying Safe:
'via Blog this'
Friday, February 10, 2012
Why Estate Plans Are All Different When the Process is the Same!
Every estate plan is different while the process of estate planning is the same for every client. Why is that?
Every estate plan for every client is different. The reason is simple actually, it's because every client is different. This is the most important and compelling reason that estate planning and Wills are not commodities that can be purchased off the internet.
Every client presents a unique situation. Each client's assets and property are different and each family is different as well. Due to these differences, a proper estate plan must be individually designed and drafted for each client. Now this is not to suggest that there aren't similar situations, but to emphasize that each family and each client is unique.
While each client is different resulting in each estate plan being unique, why is the estate planning process always the same. I was reminded today by my friends at the American Academy of Estate Planning that every estate planning attorney who specializes in estate planning has an estate planning process that applies to every client.
Today, I'll describe the estate planning process that I have used with clients for many years. We follow six steps in our process:
1. The Estate Planning Assessment. In the assessment we meet with the client(s) and do an in depth analysis of family and assets to develop recommendations for the specifics of that client's estate plan.
2. Estate Plan Design and Drafting. This second phase involves converting the design of the plan into actual documents: Wills, Trusts, Powers of Attorney, etc.
3. Estate Plan Review. Once the draft documents are created, the next step is detailed review of the drafts with clients. This step can involve several meetings, but always results in final documents being created and made ready for signature.
4. Estate Plan Execution and Signing. This separate step involves the signing, witnessing and notarizing of all the final estate plan documents.
5. Asset Titling and Beneficiary Designations. After the plan documents have been signed and executed, it is necessary to synch the client's assets and beneficiary designations with the estate plan. This is critical because how an asset is titled controls over the terms of the plan itself. We want to make sure that the assets are titled correctly for the estate plan to work the way it is designed.
6. Estate Plan Reviews and Updates. Since laws change periodically and families change as well, it is necessary to review estate plans with clients periodically. In these reviews, we can determine if any of the documents are no longer valid or proper and whether titles to property have gone out of synch with the plan. We also re-check on the plan design to ensure it still matches client objectives.
The six step process is always the same with every client, even though every client's estate plan is different.
Bernie Greenberg
Every estate plan for every client is different. The reason is simple actually, it's because every client is different. This is the most important and compelling reason that estate planning and Wills are not commodities that can be purchased off the internet.
Every client presents a unique situation. Each client's assets and property are different and each family is different as well. Due to these differences, a proper estate plan must be individually designed and drafted for each client. Now this is not to suggest that there aren't similar situations, but to emphasize that each family and each client is unique.
While each client is different resulting in each estate plan being unique, why is the estate planning process always the same. I was reminded today by my friends at the American Academy of Estate Planning that every estate planning attorney who specializes in estate planning has an estate planning process that applies to every client.
Today, I'll describe the estate planning process that I have used with clients for many years. We follow six steps in our process:
1. The Estate Planning Assessment. In the assessment we meet with the client(s) and do an in depth analysis of family and assets to develop recommendations for the specifics of that client's estate plan.
2. Estate Plan Design and Drafting. This second phase involves converting the design of the plan into actual documents: Wills, Trusts, Powers of Attorney, etc.
3. Estate Plan Review. Once the draft documents are created, the next step is detailed review of the drafts with clients. This step can involve several meetings, but always results in final documents being created and made ready for signature.
4. Estate Plan Execution and Signing. This separate step involves the signing, witnessing and notarizing of all the final estate plan documents.
5. Asset Titling and Beneficiary Designations. After the plan documents have been signed and executed, it is necessary to synch the client's assets and beneficiary designations with the estate plan. This is critical because how an asset is titled controls over the terms of the plan itself. We want to make sure that the assets are titled correctly for the estate plan to work the way it is designed.
6. Estate Plan Reviews and Updates. Since laws change periodically and families change as well, it is necessary to review estate plans with clients periodically. In these reviews, we can determine if any of the documents are no longer valid or proper and whether titles to property have gone out of synch with the plan. We also re-check on the plan design to ensure it still matches client objectives.
The six step process is always the same with every client, even though every client's estate plan is different.
Bernie Greenberg
Thursday, January 26, 2012
How Are Your Resolutions Coming?
Resolutions: We Start the Year with Them, How Are Yours Coming?
One of the most common New Year's Resolutions is to finally do a Will or estate plan. Because of this, there is always an uptick in calls I receive from people with questions about Wills. Here are several of the more common recent questions with my responses, maybe you've thought about similar questions too.
1. How much do Wills cost?
This question is more complex than you may think since each Will and each client is different. There are many different kinds and varieties of Wills, each one, if done properly, is custom designed for each client. The only way to learn about the costs of a Will or estate plan is to have an estate planning assessment with an attorney who specializes in estate planning. This assessment meeting should be low cost and you should receive credit for the cost of the meeting against the fee for doing the Will.
2. Can't I just do my own Will on the internet?
As many of you know already, I have written several articles on this very topic! Yes, you can do your own Will, but in most cases, you will be disappointed with the result. The reason that internet and fill-in-the-blank Wills don't work is that they are not designed for any one person. They are generic and non-specific, the reason they can apply to everyone is that they don't apply to anyone!
Additionally, do it yourself documents carry legal consequences that can create traps for you and your family. For the most part, you will be better protected and your family will be safer if you have your documents prepared for you by a qualified attorney who specializes in estate planning.
3. Is a Will enough or do I need more?
A Will alone is never enough for ANY client. This is because your Will is valid only if you die. Your Will does NOT apply if you are sick, or become disabled or incapacitated. This is why I recommend that every client add the following documents, at a minimum: a)Durable Financial Power of Attorney; b)Durable Medical or Health Care Power of Attorney; and c)Living Will. These additional documents are necessary to protect you if you are incapacitated because your Will does nothing while you are alive.
4. I have a Will already, how do I know if it is current?
Any Will or estate planning document should be reviewed periodically. You should plan on doing a review with your attorney every two years, or if something significant happens in your life. Examples include: births, deaths, divorces, marriages, moving to another State, changing careers etc. The best way to think about such changes is if the change is significant, it's time to review your Will.
Additionally, the laws change from time to time and these changes can cause potential problems with your documents. If you read or see something about changes in the law, or receive a notice from your lawyer about them, then it's time to schedule a review meeting.
If you have a question not addressed here, or simply want to join our conversation about Wills and estate planning, just let me know, all questions are welcome!
Thank you for your interest!
Bernie Greenberg
One of the most common New Year's Resolutions is to finally do a Will or estate plan. Because of this, there is always an uptick in calls I receive from people with questions about Wills. Here are several of the more common recent questions with my responses, maybe you've thought about similar questions too.
1. How much do Wills cost?
This question is more complex than you may think since each Will and each client is different. There are many different kinds and varieties of Wills, each one, if done properly, is custom designed for each client. The only way to learn about the costs of a Will or estate plan is to have an estate planning assessment with an attorney who specializes in estate planning. This assessment meeting should be low cost and you should receive credit for the cost of the meeting against the fee for doing the Will.
2. Can't I just do my own Will on the internet?
As many of you know already, I have written several articles on this very topic! Yes, you can do your own Will, but in most cases, you will be disappointed with the result. The reason that internet and fill-in-the-blank Wills don't work is that they are not designed for any one person. They are generic and non-specific, the reason they can apply to everyone is that they don't apply to anyone!
Additionally, do it yourself documents carry legal consequences that can create traps for you and your family. For the most part, you will be better protected and your family will be safer if you have your documents prepared for you by a qualified attorney who specializes in estate planning.
3. Is a Will enough or do I need more?
A Will alone is never enough for ANY client. This is because your Will is valid only if you die. Your Will does NOT apply if you are sick, or become disabled or incapacitated. This is why I recommend that every client add the following documents, at a minimum: a)Durable Financial Power of Attorney; b)Durable Medical or Health Care Power of Attorney; and c)Living Will. These additional documents are necessary to protect you if you are incapacitated because your Will does nothing while you are alive.
4. I have a Will already, how do I know if it is current?
Any Will or estate planning document should be reviewed periodically. You should plan on doing a review with your attorney every two years, or if something significant happens in your life. Examples include: births, deaths, divorces, marriages, moving to another State, changing careers etc. The best way to think about such changes is if the change is significant, it's time to review your Will.
Additionally, the laws change from time to time and these changes can cause potential problems with your documents. If you read or see something about changes in the law, or receive a notice from your lawyer about them, then it's time to schedule a review meeting.
If you have a question not addressed here, or simply want to join our conversation about Wills and estate planning, just let me know, all questions are welcome!
Thank you for your interest!
Bernie Greenberg
Wednesday, January 4, 2012
You've Resolved to Get Your Will Done, Great! Now What? 4 Steps to Follow Now
You've Resolved to Get Your Will & Estate Plan Done-Now What? Here are the 4 Steps to Follow to Get the Job Done
New years are great for resolutions and one of the most popular ones is the decision to finally complete your Will and estate plan. But how do you get started and what steps do you take? Here are the steps to consider to make sure you get the job done right and on time.
1. Make an appointment with an estate planning attorney.
Use someone who specializes in estate planning. There are articles below about how to select the right attorney for you and your family. Do a thorough initial meeting. I call this the Estate Planning Assessment. Leave with a clear idea of what you should do next.
2. Follow up by proceeding with your plan.
It won't help to get the recommendations of the expert and then to not followup. So after you have the recommendations, proceed by scheduling whatever meetings are necessary to complete your plan. You should be complete in several days or just weeks depending on your particular situation.
3. After you sign your plan and all documents, complete your titling and beneficiary designations.
Completing your Will and estate plan is great, but those documents won't work as designed if you have titles and beneficiary designations that are not linked to and synchronized with your plan. This step is critical to your plan working properly.
4. Remember to review your plan periodically.
Even the best plans need some periodic attention. Laws change, family situations change and our assets change. By doing periodic reviews, you can keep everything current and up to date.
By following these four steps, you can protect yourself and your family with the proper estate plan and Will. Good luck and let me know if you have any questions.
Bernie Greenberg
New years are great for resolutions and one of the most popular ones is the decision to finally complete your Will and estate plan. But how do you get started and what steps do you take? Here are the steps to consider to make sure you get the job done right and on time.
1. Make an appointment with an estate planning attorney.
Use someone who specializes in estate planning. There are articles below about how to select the right attorney for you and your family. Do a thorough initial meeting. I call this the Estate Planning Assessment. Leave with a clear idea of what you should do next.
2. Follow up by proceeding with your plan.
It won't help to get the recommendations of the expert and then to not followup. So after you have the recommendations, proceed by scheduling whatever meetings are necessary to complete your plan. You should be complete in several days or just weeks depending on your particular situation.
3. After you sign your plan and all documents, complete your titling and beneficiary designations.
Completing your Will and estate plan is great, but those documents won't work as designed if you have titles and beneficiary designations that are not linked to and synchronized with your plan. This step is critical to your plan working properly.
4. Remember to review your plan periodically.
Even the best plans need some periodic attention. Laws change, family situations change and our assets change. By doing periodic reviews, you can keep everything current and up to date.
By following these four steps, you can protect yourself and your family with the proper estate plan and Will. Good luck and let me know if you have any questions.
Bernie Greenberg
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