Trusts and Title Insurance: What You Need to Know

People who create revocable trusts often place real estate owned into the trust. However, if you are not aware of how this may impact existing title insurance, you can create title havoc.

This article, named after an interesting case, describes some of these issues.

Dead Man “Kwoking”: Estate Planning Property Transfers Can Trigger Title Insurance Nightmares http://www.jdsupra.com/legalnews/dead-man-kwoking-estate-planning-prop-83011/

After you read this article, let us know if you have questions. Remember, before you deed property to your trust, ask if there any issues that you should address first.

Bernie Greenberg

Happy Holidays

With the holidays upon us, we wish for you and your families, the happiest of holiday seasons.

 Best wishes to you and yours this holiday season with our hopes you will enjoy health and happiness for the new year.

Our best to you,

Bernie Greenberg

Estate And Gift Tax Exemption Announced For 2015

The government has announced the exemptions for gift, estate and generation skipping taxes for 2015. Under our current tax system, these exemptions are indexed and will increase each year. Take note, the exemptions for 2015 are set at $5,430,000. This means that even fewer people than ever will be subject to the federal estate or generation skipping transfer taxes.



Unfortunately, the present interest gift tax exclusion remains at $14,000 for 2015.

Here is an excellent article that discusses the 2015 numbers:



Estate And Gift Tax Exemption Announced For 2015 Gift Tax Annual Exclusion Remains Unchanged | Mitchell Silberberg:



'via Blog this'



Here are your takeaways from these 2015 exemption numbers:



1. The focus in estate planning will be less on estate tax reduction and on income tax and asset protection planning.


2. With the exemptions so high, your focus should be specifically on family issues and concerns. There is NO reason now to let the tax tail wag the family dog.


3. The high exemptions permit you to be creative and intuitive with your estate plan. No longer will what 'feels right for the family" be in conflict with sound estate tax planning.



4. Focus on protecting spouse and children and discuss with your estate planner how those protections work. Select the right mix of protections for your family.


These high exemptions are unprecedented in U.S. tax history. Will they be around permanently? That will entirely depend on politics as always. Stay tuned for more as any news develops on the federal tax exemption numbers.

Let us know your thoughts on this or any other estate planning issues of interest. Your contributions are always welcome. If you prefer to respond more privately, please send me an email. Thank you.



Bernie Greenberg

Holiday Time is Estate Planning Time

Happy Holidays!

Yes, it's that time of year again, it happens every year, the holidays are upon us with Thanksgiving this coming Thursday.

If you follow my articles you know that I have written many times about the holidays also being estate planning time. In this article, we'll explore how that happens.

Estate planning attorneys notice what times of year that clients want to discuss and do wills and their estate plans. I have tracked this for the past 33 years. Generally from near the end of October until the end of January is the time. That tracks exactly with the holidays.

I have asked many clients about this and always the same answers come back. "Well, the holidays are time for family, and in thinking about my family I want to make sure they are protected, so let's get that estate plan done". There are many variations on this theme, yet the theme is always the same.

This is why I say, holidays = family time and family time = estate planning time. This led to a series of articles I began years ago about gifts we give at the holidays. The best gift of all we can give to our families is the gift of peace and security and the best way to give that gift is through your estate plan. You may notice me asking every year if you have given the gift of a current estate plan to your family. In fact, I'll ask you again here, have you given your family the gift of a current will or estate plan?

Since so few adults in the U.S. have a current will or estate plan, it is my goal to motivate people to protect themselves and families through the gift of estate planning.

What besides family do the holidays make you think about? Let us know and please join our conversation by commenting or by sending us an email. We wish you and your families the happiest of Thanksgivings this and every year.

Identity Theft After Death!

How To Prevent Identity Theft After Death:

As con-artists and scammers search for new targets, they have extended their nefarious activities to our deceased loved ones and friends. Identity theft of people who have died is now not just limited to Chicago, it is a world wide problem.

Estate planning attorneys offer several steps to clients to help avoid and prevent identity theft. When you are working with your estate planning attorney, make sure you cover this topic.

This article: How to Prevent After Death ID Theft published by the American Academy of Estate Planning Attorneys has several important and effective steps to follow.

Let us know your thoughts by joining our conversation on estate planning topics and issues. Your contribution is welcome.

Thank you.

Bernie Greenberg

Introduction to Estate Planning: A Course for Consumers Chapter 5 How to Select an Estate Planning Attorney

Chapter 5: How to Locate and Select a Qualified Estate Planning Attorney

When we started this journey into the world of estate planning, we began to learn how to approach estate planning, certain concepts about wills and other documents and why estate planning is unique to each client. Here in Chapter 5 we discuss how to select a qualified estate planning attorney to assist you with your estate plan.

Selecting a qualified estate planning specialist is important for the following reasons:

1. While many attorneys will do a will or power of attorney for you, they may not be specializing in the field of estate planning. Not being a specialist limits the attorney's skill set and prevents you from the benefits of the advice of a qualified expert.
2. Working with a specialist gives you the best chance to get it right the first time. For example, would you let your dentist do your heart surgery? The idea is to treat attorneys the same as doctors; deal with the right specialist for the job at hand. Here is an article I wrote on this very topic that illustrates this point: Dealing with Specialists in Estate Planning As you will learn in ths chapter, not only is dealing a specialist attorney important to your family and you, there are simple steps to follow so you can find the right one.
3. Learn the process of choosing the right estate planning attorney. Many people mistakenly rely on a referral service such as you might have in your community. These lists are dangerous and usually hazardous to your estate plan. Referral lists are usually paid services that charge people to be listed. They do not vet the people they list and this permits someone with no true expertise and experience to call themselves an estate planner when, in fact, they are not. When you follow the steps laid out below, you can steer clear of these problems.

 

These images show an estate planning meeting in progress. Here are the steps these people used to find their estate planning attorney:

1. Interview and ask for referral from other professionals.

One of the best ways to locate an estate planning specialist is to ask around. Ask your CPA, your banker, your life insurance agent. Professionals know who the experts are and getting referrals from other professionals you already trust is a good starting point.

Interview each person. Insist on a free consultation via phone before you make an appointment. Remember that your estate planning meeting will usually have a charge, so do those phone consultations first.

2. Insist on real estate planning experience and expertise.

As mentioned above, do not use or rely on any referral listing service, radio or TV or internet ads. The attorney you speak with should have, at a minimum the following qualifications:

A. Full time estate planning specialization for at least the last 7 consecutive years. Estate planning is not an area for part timers or people who wear other hats.

B. Membership in the State Bar Association Trust and Estate Section.

C. An AV rating from Martindale-Hubbell, the international attorney rating service. These ratings are peer ratings and cannot be purchased by the attorney. The AV rating is the highest rating for ability and professionalism an attorney can achieve.

While these qualifications are not difficult to have, you should insist on them when you are choosing your estate planning attorney.

3. Have a clear understanding before beginning how the attorney bills and the time frame for completion of your estate plan.

As we are exploring in this book, there are several integrated steps in every client's estate plan. Make sure you are clear what those steps will be for you, how many meetings to expect, the time frame for the process and each step, what your homework between each meeting is, and how the attorneys fees and costs will work.

Once you have selected your estate planning attorney and understand the process for your estate plan, it is time to begin. In our next chapter, we start our discussion of the components of every estate plan and begin to dissect the tools of estate planning such as wills, trusts and related documents.

I hope you are enjoying this book on estate planning. Since the book is published in this interactive format, we are able to adjust our content as we proceed based on your comments. Please feel free to comment and offer suggestions as they are greatly appreciated. Thank you.

Bernie Greenberg

There Is No One Size Fits All Estate Plan

There is no one size fits all estate plan. As an estate planning attorney in Douglas County, Colorado, I am asked frequently why another's good looking estate plan can't be copied.

I mean, how could there be? Is anyone else exactly like you? We all know the answer, but if you use a DIY solution or think you are just like everyone else, it could spell estate planning disasters for your family. We as estate planning attorneys know that each client estate plan, their will, powers of attorney; livng wills and related documents must take into account their particular situations.

In this article by, Christopher W. Yugo, he explores this concept and why custom designing and drafting your estate plan so it can be just for you is important. You can read the article by clicking this link: The Yugo Article

Let me know your thoughts and if you have questions about why your estate plan will probably not look like your friend's or neighbor's plan.

Join our conversation and let us know your thoughts, leave us a comment and a review if you see this post on social media. Thank you.

To find my firm click here: Kokish & Goldmanis, P.C.

To find our firm on facebook click here: Kokish & Goldmanis on facebook feel free to leave us a review there.

To find our firm on Google or Google Places or Google+, click here: Kokish & Goldmanis on Google+ where we'd love you to post a review as well.

Bernie Greenberg

Introduction to Estate Planning: A Course for Consumers Chapter 4

Chapter 4: The Components of Every Estate Plan

In Chapter 3 of Introduction to Estate Planning: A Course for Consumers, we discussed identifying estate planning goals and objectives. The client's (your) goals are analyzed by the estate planning attorney and client to set the direction of the client's estate plan.

Here in Chapter 4 we review the basic components of every estate plan. These components are considered in every client's plan in some form. As you read the components, ask whether these have been considered in your existing plan and how you know that. Making sure these are all covered in critical in having a current estate plan.

To preview future chapters, in Chapter 5, we will cover the specific steps to follow to identify and locate a qualified estate planning specialist to work with, so stay tuned.Also, in future chapters we will cover estate planning details and specific strategies.

1. The Testamentary Component:

The testamentary component addresses where property or assets go and how they are handled upon the death of the client. There are numerous ways to address this component using wills and/or trusts which we will cover in future chapters.

2. The Disability Component:

This component addresses who will make decisions (both financial and health care) for the client after the client's incapacity. In this component there is also focus on the client's specific wishes about care at the end of life.

3. The Titling Component:

The titling component focuses on how the client's property and assets are titled and how beneficiary designations are structured. This is critical because the estate plan can be defeated if property is improperly titled or if beneficiary designations have money going contrary to the estate plan.

4. The Probate Component:

This component analyzes the probate impact to the client, family and property of various estate planning and titling options. For example, if the client owns a vacation home in a different state, failing to address that could result in a two state probate process.

5. The Tax Component:

The tax component focuses on the income, gift and estate tax impact of the estate plan and titling options the client is considering. For example, as we will see in future chapters, since the estate tax exemption is $5,340,000 for 2014, clients have greater freedom to plan their estates without worrying about the federal estate tax. However, since Congress frequently changes these exemptions, this component requires a continuing look by every client.

Since every client situation is unique, how these five components are addressed will vary between clients. Still, every client will review all five of these components in the design and implementation of their estate plan.

In Chapter 5 of Introduction to Estate Planning: A Course for Consumers, we will focus on how to choose a qualified estate planning specialist. Picking the right estate planning attorney is another fundamental building block of each client's estate plan.

As always, thank you for your questions and comments which are welcome.

“Top Seven” Ways to Make Advance Directives Available in an Emergency | American Academy of Estate Planning Attorneys. AAEPA, Inc.

Making Health Care Documents Available in an Emergency

Have you ever wondered how the people who need your health care documents, such as a Health Care Power of Attorney, Health Care Proxy and Living Will, can find them fast in an emergency? Here is an article with several ideas to consider:

“Top Seven” Ways to Make Advance Directives Available in an Emergency | American Academy of Estate Planning Attorneys. AAEPA, Inc.:

'via Blog this'

Do you have any other ideas about how to make these important documents available? We always suggest to clients the use of DocuBank and also Google Health as alternatives. Please consider these questions to protect yourself and your family.

Bernie Greenberg

Introduction to Estate Planning: A Course for Consumers Chapter 3

Chapter 3: Identifying Goals and Objectives

In Chapter 2 we discussed how the process of estate planning works. In this Chapter 3, we explore how to identify goals and objectives that drive the estate planning process. As an estate planning attorney, the process of goal identification is critical to assisting clients in moving forward with their estate plan.

With each estate plan individualized to each client, understanding what each client intends to accomplish is critical. Many people say, "I know I need a Will", but when asked why, very few can actually identify any real reasons. The reason to deal with estate planning specialists is to have qualified guidance in understanding why you are doing any part of the estate plan.

Let's start with goals that many clients seem to share. As your read through the list, ask yourself if any of the items listed are important to you. As you begin to identify your estate planning goals and objectives, you are searching for what is important to you and your family.

1. I want to protect my spouse if I get sick or die.

2. I want my estate to go to my spouse and then to my children.

3. I want my family to face the smallest amount of costs with my estate.

4. I want to save taxes.

5. I want to avoid probate.

6. I want my estate to pass free of Court involvement or supervision.

7. I don't my spouse's next spouse to get my money.

8. I want the inheritance I leave to my children to last for them and not be taken in a divorce or their creditors.

9. I want to know who will raise my children if I am not here.

As you read that list did any of those items sound like something you would say? Remember, identifying your goals and objectives is about what is important to you. Here are examples of other goals clients will mention:

1. I have a disabled child and want to make sure they are provided for.

2. I am taking care of a disabled parent. How can I protect them.

3. I want to pass my business interest to one child but not short change my other children.

4. How do I minimize estate taxes?

5. I want a Will.

As you can see, goals can be as creative and as numerous as there are people. Bear in mind that the purpose of this chapter is not to tell what you goals should be. The purpose of this chapter is to start you thinking about what your goals are.

Here are some exercises you can do to help you focus in on what is important to you:

1. Pretend that you either died or became disabled yesterday. I suggest yesterday because it can't happen and it will help you focus your thinking.

As you think about that, think about how you want things to work, who you want to protect and what you would want your situation to look like in that event. Then start writing all the things that pop into your mind. As you write that list, you start to identify the things that are important to you. This list becomes your starting point with your own estate plan.

Your list is yours alone and that is why your estate plan is yours alone. Your list of goals and objectives is what your estate planning attorney will use to guide you in designing and building your own estate plan.

As you think about your situation, do you have things on your list that are not covered here? That's great and you are on your way to starting your estate plan. If you would like to share a goal not listed here, that could help others that read this in their own thinking.

In Chapter 4 we will cover how your estate planning attorney uses your list of goals to begin the process of designing your estate plan. The first step is to understand the components of every estate plan and that is where Chapter 4 starts, with The Components of Every Estate Plan.

Thank you for your questions and comments. We appreciate each and every one and look forward to any you have about this Chapter 3 of Estate Planning: A Course for Consumers.

Bernie Greenberg

Introduction to Estate Planning: A Course for Consumers Chapter 2

Chapter 2: What is Estate Planning?

In this consumer level course on estate planning, we are covering different facets of estate planning. In Chapter 1, we introduced this course and series. Here in Chapter 2, we will explore what estate planning is and why it is important to you.

What is estate planning? A process.

Estate planning is a process. It's really that simple. Estate planning is a guided process (guided by a professional who specializes in estate planning) of ordering your assets and property and creating certain legal documents that will bring about certain results in the future, all according to your goals and directions.

While this sounds simple, because every family is different, the process and the specific components of each estate plan will vary, sometimes greatly. More on this below. The estate planning process may include the following:

1. Titling of assets or the rearranging of titles.

2. Establishing of beneficiary designations or amending existing beneficiary designations on insurance policies, IRA's or other types of investments.

3. Creation of a Will.

4. Creation of Durable Powers of Attorney.

5. Creation of Health Care Powers of Attorney or what is also sometimes called a Health Care or Medical Directive.

6. Creation of a Living Will.

7. The consideration of trusts which may lead to the creation of one or more trusts. When trusts are considered an analysis of probate issues also occurs.

8. Tax planning. In estate planning, we consider the following types of tax planning: income tax planning; gift tax planning; and estate tax planning. This may also involve consideration of a tax many people have not heard of knows as the generation skipping transfer tax.

9. Planning for special situation and needs. Examples of this include: planning for parents who live with you or planning for a child or other relative with special needs or disabilities.

Because every client's situation is different, the process not only looks different from one client to the next, but the list of documents from one client to the next is also different. Due to these differences, it is critical that you work with a qualified professional who specializes in estate planning who can guide you through your own estate planning process.

Each of the nine items listed above will be covered in separate chapters in this estate planning course for consumers. Remember, that not all of the nine will apply to everyone. There are certain elements or components that do apply to each estate plan. In a future chapter of this course, we will cover the Basic Components of Every Estate Plan.

If each estate plan, by definition, is individualized, and each client's estate planning process is different, where does anyone begin? The starting point is to identify each client's goals and objectives. That is the purpose of our next chapter, identifying estate planning goals. We will cover goals that clients will routinely identify and how you create a list of your own goals and objectives.

Let us know if you have questions about this course in estate planning and if you would like to see any other topics covered as we proceed through the course. Thank you.

Bernie Greenberg

Introduction to Estate Planning-A Course for Consumers

Estate Planning: An Introductory Course for Consumers

With all of our posts on estate planning and Wills, it's time to help you with those New Year's Resolutions. In our next series of articles we will explore the world of estate planning from the consumer's perspective with our course on estate planning.

Here is a list of our anticipated topics:

1. Introduction to estate planning-what is estate planning.

In this introductory section we will discuss what estate planning is and is not. We will also provide you guidance on how to start to think about your own estate plan.

Later articles will cover the following:

2. What is a Will.

3. What is a trust.

4. What is a Power of Attorney.

5. The basic components of every estate plan.

6. DIY vs. working with a specialist-which is better?

7. The risks of fill-in-the-blank forms

If you would like an article on other estate planning topics, just let me know and we can add that topic to the list.

Bernie Greenberg

Common Sense: What a Concept!

Do you use common sense before acting on what you read on the internet?

Wouldn't it be great if we could all use some common sense before acting? Of course it would and yet our lives are full of numerous examples of where this concept did not hold true. Among the many examples of this is how often people act without thinking from something they read on the internet or receive via email.

Have you ever clicked on a link you shouldn't?

Have you ever read something and acted on it without considering that it may have come from an internut?

That's right, I didn't misspell, I said, "internut". That is the common nickname for the con artists that have infected the internet, they are referred to internuts. I like to just call them con artists and hope that you will too.

My message today is about exercising some common sense before you act on things you encounter or read on the internet. Just because you read it there is reason for pause. I advise ALL clients not to act on internet advice before checking out with their actual advisors. I can tell you that the clients who followed this advice saved themselves a ton of money.

What does it take to exercise common sense about the internet? Try these simple steps:

1. Stop before clicking and acting.

2. If something sounds too good to be true, it usually is.

3. Never, ever trust an internet source as your only source. Verify, check out and take it to your CPA, lawyer or other advisor before acting. Ask a trusted friend or family  member before jumping into that offer.

Three easy and simple steps and added up they equal common sense.

Let me know your thoughts and please join our conversation. I look forward to hearing from you. Thank you.

Bernie Greenberg

The 6 biggest estate planning mistakes NFL players make | LifeHealthPro

Did you know that professional athletes have to do their estate plans, just like you do? Here is a list of the mistakes NFL players make and the list sounds familiar doesn't it?

The Super Bowl is this coming Sunday and my favorite team is playing. You can guess who that team is since I live in Colorado.

And wouldn't you know, an estate planning attorney can weave estate planning into a discussion of the Super Bowl.

Here is an excellent article that discusses how professional athletes must pay attention to estate planning to make their very short careers of value in their lives.

The 6 biggest estate planning mistakes NFL players make | LifeHealthPro:

'via Blog this'

Let me know your thoughts by joining our estate planning conversation. Also, let me know if you can correctly guess my favorite team.

Bernie Greenberg

Discussing Estate Planning With Aging Parents: 3 Ways to Make the Conversation Go Easier

There comes a time in your life when your roles as children will reverse. In this article on the American Academy of Estate Planning Attorneys Blog, this reversal of roles is discussed as relates estate planning.

Have you had this talk with your parents yet? Have you noticed a changing of the roles with your aging parents? For all of us this time will come and since estate planning and conversations about estate planning always are an act of love, having this conversation with your parents is am important transition in life.

Role Reversal: Discussing Estate Planning With Aging Parents | American Academy of Estate Planning Attorneys - Blog:

'via Blog this'

Here are some tips to make this conversation go easier:

1. Remember that talking with your parents about estate planning is an act of love and not an attempt to gain favor or money.

2. Parents are less likely to enjoy this role reversal than you may be. Be sensitive to this and remember that your parents deserve their autonomy as long as it is safe for them.

3. Estate planning is a process that requires deliberate thought and expert guidance. You and your parents will fare better with the guidance of an estate planning specialist.

Let me know your thoughts and please join our conversation on this and other estate planning topics. Thank you for your interest.

Bernie Greenberg

Things to Know Before Starting Your Estate Plan

What You Need to Know Before Starting Your Estate Plan: 3 Facts That Will Protect Your Family

As you start this new year, you may be thinking of finally finishing the traditional resolution of completing your Will or estate plan. That's great and there are several things you will want to know and understand before starting. In this article we explore what those are and how not knowing them is hazardous to yourself and family.

As a Colorado estate planning attorney, I have seen examples of how ignoring these simple rules can prevent a Will or estate plan from working.There is no value to a Will or estate plan that fails or fails to accomplish your goals. Since your objectives drive the estate planning process, that leads us to the first rule:

1. Your Will and Estate Plan Require Thought and Consideration.

To be more accurate, we should pair those two words and say that your estate plan requires thoughtful consideration. Such deliberation is required from you and from your estate planner. Why is this so? Consideration is necessary because everyone's situation and family are unique. There is no one who is you or even like you. Our family structures vary, have different issues and with today's more and more common blending of families, this couldn't be more true.

Your individuality and your unique family means that your estate plan and your Will will not look like anyone else's. You need to think through ALL of the factors and issues that lead to what you are trying to accomplish with your family yourself. Let's list some examples to illustrate this point:

  

     1. Do you have particular people you want as your decision makers if you are incapacitated or upon death? This makes you unique.

     2. If you have kids, do you care who will raise them if you are not here to do so? If so, this makes your situation special and those desires need to be considered.

     3. Do you want to protect your spouse from creditors and predators when you die?

     4. Do you want your spouse to leave your assets to a new spouse or relationship upon your death?

These are only four of hundreds of factors and issues that a qualified estate planning specialist will review with you as you embark on the design of your estate plan. Without thoughtful consideration, there can be no thoughtful and useful estate plan. Ever.

The next rule to be aware of involves something known as commodization. A recent development is the treatment of your Will and estate plan as a commodity, something that you can just buy at a store or off the internet. That leads to rule number 2:

2. Wills and Estate Plans Are Not Commodities-As Products vs. Plans, They Always Fail.

As an estate planning specialist, I was trained and I believe that estate planning involves something critical and that critical element is in it's name, PLANNING. Wills are not like hamburgers or fruit that you just buy from some street vendor or shopping mall. Notice the picture below, this is what the internet looks like if you are using it to buy a form. That's right, the internet is just one big street bazaar.

Some would have you believe that you can just drive by, or surf on the internet purchase a Will or estate plan. You can't, these don't work and represent a boondoggle for estate lawyers like myself to straighten out. Your Will is not a piece of fruit and if you treat like one, it will be rotten before you need it and after you do need it, it's too late to fix.

So what is missing from these internet Wills and fill in the blank  form documents? The element that makes estate planning special, the planning element. It is the planning element that takes into account the first rule, that one above we discussed known as thoughtful consideration. If you treat your estate plan as a commodity, a piece of fruit, you are saying that your situation, your family, your spouse, your kids, your goals and objectives don't count. Simply stated, that is not estate planning.

On to our last rule, your plan and your property must be synchronized in order for the plan to work. So our last of the three rules is:

3. Property Must be Titled Correctly and Beneficiary Designations Must be Coordinated with the Estate Plan.

Several years ago there was a movie titled, Failure to Launch.  It was a romantic comedy about someone who just couldn't get their life in order to have a successful relationship. Well much the same is true about your estate plan. It won't matter how good your plan and documents are if the plan fails due to improper titling and beneficiary designations.

This is another example of the "planning" part of estate planning. A qualified estate planning specialist can guide you to ensure that all property is correctly titled and that any beneficiary designations are properly drafted. By doing so, you will know that the effort you put into your plan will be worth it.

What are your thoughts about these three rules? Please join our conversation and let me know of any questions you may have. Feel free to email me or call me at the contact information provided. Thank you fr your interest in protecting yourself and your family.

Bernie Greenberg

What to Know About Obamacare in 2014

2014 Changes to Obamacare:

Now that 2014 is here, there are more changes in laws in the U.S. related to health care. Not knowing how these impact you can be hazardous to your financial health. Here is something from PBS that will help:

What to know as the health reform law takes effect | PBS NewsHour:

'via Blog this'

For more specific information, contact your insurance advisor immediately.