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What Does an Estate Planning Attorney Do?

Most of us prefer not to think about death, or the its implications for our possessions and finances. However, it happens to everyone eventually, and if you are not prepared, you could find that your belongings and wealth go to the state, rather than to your loved ones. One of the best ways to ensure that this does not happen is to work with an estate planning attorney. What do these lawyers do? Actually, they can provide a very broad range of services depending on your situation, your needs, and how diverse your assets are.

Services Offered by an Estate Planning Attorney

While most estate planning attorneys will provide the services discussed below, all do not, necessarily. You will need to consult with individual lawyers in your area on the services offered, and how they can help you plan your estate.

Estate Tax

One of the most important reasons to work with a competent estate planning attorney is to mitigate or even eliminate the estate tax. This is the money due from your estate at your death to the state and federal governments. With the proper planning and smart decisions in terms of estate vehicles, you can limit your tax liability, or even eliminate it completely in some instances. A qualified attorney will be able to explain your options, as well as the limits of tax liability mitigation.

Accounts and Plans

Chances are good that you have an IRA, a 401(k), or some other type of retirement plan. You may also have a brokerage account, a valuable insurance policy and other assets. These can and should be put into trusts or other entities so that they can be transferred to your beneficiaries with the least amount of difficulty. The right structure is required, and a qualified attorney will be able to explain what is necessary and create the best trust for your situation.

Property Disbursement

An estate planning attorney can help create the right plan for distributing your property to those you care most about. If you do not have a plan in place, this will be left to a probate attorney, and there is no guarantee that the distribution will be equitable or in line with your final wishes.

Specialty Trusts

There is no one-size-fits-all solution when it comes to trusts, and you may need to create any number of special forms, from irrevocable trusts to many others. Your attorney can explain the benefits of each type and help craft the best estate plan for your specific situation.

Meet State Guidelines

All estates must meet specific state guidelines and regulations. If they do not, then you will incur additional costs and additional time will be needed to disburse your estate. It is even possible that your estate will end up in probate. A skilled estate planning attorney can help ensure that all government regulations and requirements are met to avoid these pitfalls.

These are just a few of the areas that a skilled estate planning attorney can assist you. The most important takeaway is to find a qualified, understanding lawyer that can best assist you in getting that estate plan in order.

Estate Planning - 05/20/2015

Should You Create a Living Trust?

Yes! And here are five good reasons why:

Control

With a revocable living trust, you will retain control over your assets while alive and after you are deceased. Other estate-planning documents, such as wills, only come into effect once you are deceased. With a living trust, you control your assets now and in the future. If, unfortunately, something were to happen to you that left you in a state where you could no longer control your own affairs (sickness for example), the living trust would direct a trustee (of your choosing) to speak and act on your behalf. Without the living trust, there may be complicated court proceedings to determine who will be in control of your livelihood and affairs. Worse, a court may appoint a person you do not want to control your health, assets, and affairs.

Saving Money

Less of your hard-earned money will go toward paying court and attorney fees. The state charges a fee for having to settle estates through the probate courts (there are additional fees as well). You can avoid paying these higher fees by planning ahead and working with a trusted attorney to establish a living trust for a fraction of the cost.

No Delays

Distribution of the estate assets to your beneficiaries (those heirs you have left the assets to) will occur upon your death without delay. If you decide to use a will, (or worse, allow the state probate system to settle your estate), to distribute your assets, it could take as long as two years for the beneficiaries to receive their assets. Again, by using a living trust, you can avoid the wait-time that usually occurs while the courts settle your affairs. If you have a will, for example, that is disputed, there is no telling how long the court proceedings may take to settle the estate; those whom you care about most will have to wait in limbo without access to any of the assets until the courts have worked through the matter.

Investment Flexibility

The trustee (the person you designate to take care of your affairs) will have the maximum flexibility to take the necessary action with your assets. If there are potential investment opportunities that will increase the value of your portfolio, the trustee will have the necessary authority to buy or sell assets to get the most out of your money. Other estate documents do not provide the same flexibility and you may lose potential money-making opportunities just because your estate document will not permit the trustee to make a timely investment.

Easily Make Changes

A living trust provides you with the maximum flexibility to make desired changes to your estate plan. If you decide you want to add or remove assets, or determine that you no longer desire your assets to be held in the trust, this can easily be done. To amend or revoke a will, (or other estate instruments), is a more complicated process. There is no telling what challenges life may throw your way next, the living trust will be your best tool to meet those challenges and secure what matters most.

Estate Planning / Nevada Law / Probate / Trusts - 05/14/2015

Wills – What They Cannot Do

Wills ensure that your wishes are known concerning how your estate is handled after your death. While they allow you to name beneficiaries, (among other functions), there are also matters that should not be included in your will. Below are a few potential issues to be aware.

Property Matters

There are rules restricting the types of property that may be bequeathed in your will:

• Joint Tenancy – If you own property jointly with someone else, you may not leave your part of it to a third party in the will. Your share automatically goes to the remaining joint tenant if s/he is still alive.

• Life Insurance – Any proceeds of life insurance policies you have automatically go to the individual listed as the beneficiary. You may not leave those proceeds to another party in your will if the person is not named in the policy.

• Living Trust Property – If you have property already included in a living trust, you may not leave it to someone else in the will. If you want to change the beneficiaries of the living trust, you must alter the trust.

• Retirement Plans – IRAs, pensions, and 401(k)s generally have named beneficiaries. If you want to change this, you have to do it through the proper forms, not in your will.

• Other Beneficiary Property – If you have bank accounts, investments such as stocks and bonds, or any other property for which you have already named a beneficiary, you may not leave the property to a different person in the will.

Funeral Instructions

You may include your wishes or instructions for your funeral in the will; however, in some cases, the planning and burial occur before the will is read, meaning your wishes may not be known until after the ceremony. The best option is to discuss your wishes with your spouse or loved one and/or create a document especially for that purpose. This will ensure that your wishes are followed.

Gift Conditions

When you leave gifts in your will, you will want to avoid placing illegal conditions on them. For example, providing stipulations concerning marriage or divorce, or requiring a change in religious affiliation is illegal, and will not be honored by the courts. You may, however, place stipulations requiring college attendance, or how a particular property must be used, but these conditions must be specific and reasonable.

Special Needs Care

You should not leave instructions for the care of someone with special needs in your will. These instructions should be left in a trust to ensure that the person’s needs and management are handled properly. There are specific trusts designed to address these situations.

Pets

You may not leave property or money to a pet in your will, because animals are considered property under the law. Instead, choose a person to care for your pet and leave a corresponding amount to him or her. Many states allow trusts to be set up for animals, making the pet trust a good option.

Estate Planning - 05/13/2015

Can Trademark Licenses be Assigned during Bankruptcy?

An interesting question was recently settled in a Delaware court room. When a company files for bankruptcy, it assigns its property to a third party which will sell that property in service of its debts. It has been an unclear question in many states, including Delaware, if a company can assign a trademark license that it had received from the trademark owner. The court ruled that a company cannot assign its license unless the trademark owner gives approval. This is similar to how most states also deal with patent licenses and copyright licenses. In all three cases, the original owner has the ability to prevent the license from being assigned during bankruptcy.

The Case in Delaware

In Delaware, a company recently filed for bankruptcy. This company had a trademark license pertaining to the trademarks of Donald and Ivanka Trump. When the trademark was being assigned with the other properties of the company, the Trumps went to court. The judge agreed that trademark owners have the right to veto a trademark license getting assigned during bankruptcy.

The judge ruled that the very purpose and economic value of trademarks is that they act like a seal of approval that guarantees a level of quality and service. Trademark owners can only maintain the value of a trademark by making sure that they license it to companies that can meet that level of quality. By allowing the court to assign a trademark license, the owner loses the ability to choose who uses the trademark and this can diminish value of the trademark.

What Does This Mean

If you do not live in Delaware, this might not mean anything to bankruptcy proceedings in your state. However, this has become another important example of how judges are giving power to trademark, copyright, and patent owners during bankruptcy proceedings. This is a nationwide trend, and it is very possible that the same types of rights are being extended to owners in your state as well. You should be aware of this if you are preparing to file for bankruptcy.

If you have trademark licenses and you are filing for bankruptcy, you should be prepared for the court to refuse assignment of the licenses. This may affect your decision to file for bankruptcy. In addition, if you are a trademark owner and one of your licensees is filing for bankruptcy, you should look to protect your rights as the owner. If the court intends to assign your license during the bankruptcy, you should fight this in court, because it appears that legal opinion is turning in your favor.

Get the Help of an Experienced Bankruptcy Attorney

If you are considering filing for bankruptcy, you should immediately speak with an attorney who can explain the process and the costs associated with it. Our attorneys specialize in bankruptcy law and we can help you navigate the process correctly. We have many years of experience helping people who are trying to find relief for debt, and we can help you too. Give us a call or schedule an appointment with us today.

Bankruptcy - 05/11/2015

Estate Planning and Bitcoin

It’s still hard to say what will happen with bitcoin, the trendy digital currency that has been in the news the last few years. While it was getting a lot of media attention, it saw incredible increases in value, but eventually the market came crashing down, and now it’s difficult to predict how significant bitcoins will be in ten or twenty years. Whether or not bitcoin becomes the currency of the future like its supporters hope, the fact remains that bitcoins have value, and it may be useful to know how bitcoins would play into estate planning. Though this is still a new field, there are some general strategies and concepts we can rely on when integrating bitcoin into estate planning.

What is Bitcoin?

It may first be helpful if you know what bitcoin is. Though it was in and out of the news, many people still have a very bad understanding of it. Bitcoins are digital currency that can easily be converted to many real currencies including U.S. dollars and euros. Bitcoins are actually incredibly complex–encrypted code that is generated by computers. You can transfer real currency to an owner of a bitcoin, and then he will make a transfer of the code to your bitcoin wallet which has its own private key and address. All bitcoin exchanges are publicly recorded, which brings transparency to the system, but the system only records transactions. There is no way to track the senders and receivers of bitcoins, which has made it an interesting currency for those trafficking in illegal goods.

Though it is called a virtual currency, the truth is that there are very few companies that will accept bitcoin. Instead it must usually be converted into real currency if you want to use it. That is why many people consider it as more of a commodity and why the IRS now considers bitcoin as property.

Bitcoin and Estate Planning

Bitcoins like other assets are included in the owner’s estate, and if you’d like to distribute your bitcoins to a specific person, that should be arranged in a trust or a will. Bitcoins were designed to give users total anonymity and security, so unless you share the details with your family or financial advisors, it may become impossible for the inheritors to access your bitcoins. There is no bank that your family can call or visit, so it is very important that you inform others about your bitcoin investments and provide them with the details to access them after you’ve passed away. Bitcoin is unlike all other types of currencies, and if you decide to invest in bitcoin, you will need to make sure that your estate planning properly accounts for the differences between bitcoin and real currency.

Our attorneys are estate planning experts and can help you make arrangements, so that your family and loved ones are properly supported after you pass away. If you need help or have questions about estate planning, please feel free to call our office and schedule a consultation.

Estate Planning - 05/08/2015

3 Reasons Why You Shouldn’t Avoid Bankruptcy

Most people in America don’t have a good understanding of bankruptcy and why it may be useful. For some, bankruptcy is something to be ashamed of, and so many do everything they possible can to avoid bankruptcy. Even in situations where they are extremely burdened with debt and are unable to pay expenses or save, they try to last as long as possible without filing. Though these people can be commended for their perseverance, the truth is that they are making a very bad financial decision.

In the right situations, bankruptcy can be useful and beneficial. Common misconceptions of bankruptcy are that you’ll never have a good credit score, you’ll never be able to get a mortgage or buy a car (at least not at decent rates), and you won’t ever be able to escape a cycle of poverty and indebtedness. These are all false. After filing for bankruptcy, many people are able to turn their finances completely around. Here are three great reasons why you shouldn’t be afraid of bankruptcy.

You Will Do Better Financially in Just a Few Years

If you compare two people who are both struggling with debt and are insolvent, and one is filing for bankruptcy and one is not, who do you think will be better off financially in two or three years? The research shows that more often than not, the person filing for bankruptcy will be much better off.

In many cases, credit counseling and debt forgiveness programs only help you enough to survive, but the amount of debt that remains will prevent you from getting any financial stability. By filing for bankruptcy, you can start anew and find real financial success. Studies suggest that those who file for bankruptcy are often much better off in a few years and have access to more credit than people who avoided bankruptcy.

You Will Have a Better Credit Score

The public perception is that bankruptcy will destroy your credit score and make it difficult to ever build it back to an adequate level. However, those who are struggling just above bankruptcy have so much trouble paying their bills that their credit score suffers anyway. Filers are able to turn things around and slowly can build their credit score back.

Loss of Retirement Income

If you are paying minimum payments on all of your loans, you will be paying longer and paying more money than the average person. Instead of being able to save money or put it into a retirement account, it will all go to minimum payments on debts. People who file for bankruptcy soon are in a position where they can begin saving again, and this could mean hundreds of thousands of dollars of retirement savings over the course of your lifetime.

If you are considering filing for bankruptcy, we can help. We have years of experience and expertise in bankruptcy law and can explain how the process works. Give our office a call and we can discuss your options.

Bankruptcy - 05/06/2015

Estate Planning and Digital Estates

One of the newest areas of estate planning is the distribution and management of the digital estate. This is actually so new that many people completely forget to include their digital estate into their estate planning, and this can create complications after they pass away. The digital estate includes all of your online accounts and activities. Though accounts to social media and forums may not be as useful or important, many people also maintain several financial accounts online, and if these are not properly transferred, it can be very difficult to get them transferred after death.

What is included in the Digital Estate?

Automatic Payments

: Many individuals pay for utilities, credit cards, loans, and other services completely online. If information and access to these online accounts isn’t shared, this can create financial problems and legal situations when payments stop being sent.

Social Media

: Facebook, Twitter, and Tumblr are just a few of the social media sites that people use. Family members may want to delete or deactivate these accounts once their loved one has passed away.

Emails

: A lot of important and private information is stored on email accounts. It’s important that these accounts can be secured and deleted.

Financial Services

: Many people have online accounts for their banks and credit cards. It could be a security risk to keep these accounts open and not monitor them regularly.

Medical Sites

: Some people may have accounts with their health insurance and doctors. These sites could store very private information over the web, and beneficiaries may want to get these accounts deleted or closed.

What are the Benefits to Including the Digital Estate in Estate Planning?

One benefit is that it will give complete control over your digital accounts and information to someone. If accounts need to be deleted, or if the information needs to be accessed, it’s important that your beneficiaries know the usernames and passwords.

Arranging your digital estate can also be important for security reasons. All of this personal information online may be susceptible to identity theft or fraud. Removing private financial and medical records from the internet is a good way to minimize that risk. If you have to make several payments online, it is important that your beneficiaries can either continue to pay them or end the services. Otherwise this could create new problems.

Finally, if you don’t keep a record of your online accounts, it will be next to impossible for your beneficiaries to find them and access them. By putting this information in writing, you can be sure that they will know about all of your important online accounts.

If you are currently interested in estate planning, give us a call or schedule an appointment. Our firm can help you make arrangements, so that your loved ones are well taken care of after you have passed away.

Estate Planning - 05/04/2015

Estate Planning Horror Stories

Most people don’t spend enough time thinking about estate planning, or think they are too young to worry about estate planning, so they never get around to it. The truth is that estate planning is an essential tool to help you distribute your assets and reduce disputes among your family once you have passed away. Not providing legal arrangements can become a devastating and painful mistake for your spouse and children afterwards. Here are some common and famous examples of what can happen when you don’t arrange proper estate planning.

Example #1: Second Wife Doesn’t Get Along With Sons

The father wants to pass on everything to his sons and creates a living trust for his sons but does not transfer his new residence into the trust. After he dies, the wife takes the residence as the surviving joint tenant. The wife also takes possession of bank accounts and retirement accounts for which he forgot to change the name of the beneficiary. The sons and the wife are now fighting over control of assets. Some of the property within the residence was explicitly given to the sons, but the wife will not allow them on the property. This situation creates a costly legal dispute.

Example #2: Mother and Disabled Daughter

The mother dies and does not create any type of trust or will. The disabled daughter receives all of her assets, including retirement accounts, because she is named as the beneficiary. These assets make the daughter ineligible for her disability and government healthcare benefits. The daughter does not know what to do, doesn’t take the required disbursements from the retirement accounts, and starts accumulating government tax penalties. Her attorney has to petition the court to set up a special needs trust to help her manage the assets.

Example #3: Chief Justice Warren Burger Writes His Own Will

The chief justice makes several mistakes in his will, and his estate ends up having to go to probate. During the lengthy probate process, his family pays additional taxes and fees that add up to hundreds of thousands of dollars.

Example #4: Elvis Presley Does Not Establish an Estate Plan

This is actually one of the most famous celebrity estate planning failures. He does not make proper legal arrangements to distribute his estate, so that a large amount of his assets must go through a probate process. Because of the lengthy and expensive process, his estate is reduced by over 70%. His family pays millions of dollars in taxes, fees, and legal costs.

Even if you think it is too early to set up your estate plan, you should start looking into your options now. As you can see, there are countless examples of what can happen if you don’t make the proper arrangements while you still have time. Our attorneys can help explain the common ways to distribute your estate and can help you write your estate planning documents. If you are interested in creating a will or establishing a trust, give us a call today.

Estate Planning - 05/01/2015

How to Conduct Estate Planning in Blended Families

As you probably already know, divorce is no longer rare and almost a norm for American families. Often after divorces, one or both of the spouses will remarry. In some cases, they marry people who have also been divorced and have children from previous marriages. These new families–consisting of children from past marriages, also known as blended families–are becoming more and more common. Although estate planning is recommended for all types of families when there are significant assets to distribute, it is perhaps most important for blended families.

Every situation is different, but it can sometimes be awkward when dividing resources between your biological children and your spouse’s children from another marriage. It’s best to be clear and open with everyone about how assets will be divided, and to have it all in writing, so that everyone can be on the same page.

In addition, you should take extra care in how assets will be distributed after you die. Though some estate plan arrangements distribute assets first to the spouse and then later to the children, if you have a blended family, you may want to do it differently. It could cause anxiety among your biological children if they are afraid that your spouse will amend the estate plan after you die to distribute the assets to his or her children instead. Like many estate planning concerns, the best way to address this is to plan ahead. Here are a few tips to help you arrange your estate in blended families.

Establish Trusts

Like mentioned, if you leave your spouse completely in control of assets, this may create anxiety in your children and difficult situations later on. It is better to establish trusts, so that your children and your spouse understand how assets will be divided after your death. You might want to establish separate trusts for your children or other chosen beneficiaries. You can make your spouse the beneficiary until they come of age, or you can distribute the trusts directly.

Share Financial Information

When you come from separate marriages, both of you have probably already amassed a fair amount of assets, including IRAs, properties, and other types of investments. It’s a good idea to share information about all your financial investments, so that if something happens to you, your new spouse will be able to track and manage everything.

Check Beneficiary Names

When you enter into a new marriage, you should double check beneficiary names on all your insurance policies and retirement accounts. Some may still be in the name of your former spouse. This is a good opportunity to designate assets to your adult children, or you can make your new spouse the beneficiary.

Plan Ahead

It can be really helpful to get trusts and other arrangements in order before the wedding. This way both spouses can guarantee that their assets will be distributed correctly.
If you need assistance with estate planning, our attorneys can help. Give us a call today to schedule a meeting.

Estate Planning - 04/29/2015

Navigating Estate Planning as a US Expat

The expat life is certainly a unique one. Living in different cultures for long periods of your life offers distinct and significant challenges. At the same time, many expats love the international life and wouldn’t dream of settling down permanently back in their home country. In addition to cultural and linguistic challenges, many expats also face complex financial challenges.

Estate planning in particular can be very confusing when you are trying to figure out how your assets will be transferred and taxed once you pass away. In many cases, it is a good idea to get some of your estate planning done before you leave the United States. This will make things much less complicated later on when you’re living in a foreign country. It is not always possible to do this, and in that case you will need help from attorneys to arrange your estate correctly and legally. Here are a few things to keep in mind as you begin your estate planning as an expatriate.

Double Taxation

One of the chief concerns about expat estate planning is dealing with double taxation of inheritance. Some people move to countries with no estate taxes in the hope that they can avoid paying any taxes at all. Unfortunately, if you and your family remain US citizens, your estate will likely still be subject to tax. You should check if there is a double taxation treaty with the United States for the country you live in. Not every country has a treaty with the U.S., but most of these treaties will allow you to avoid paying estate tax in the foreign country as long as you pay it in the United States.

Inheritance Laws

Always remember to review the inheritance laws in the country where you are living. In some countries, assets will be transferred to the spouse, but in other countries they will go to the children. Keep this in mind as you do your estate planning, so that everything is distributed correctly after death.

Foreign Life Insurance

Buying life insurance in another country can also be very tricky. Some insurance policies may not conform to the life insurance rules in the U.S. This may cause them to be taxed unfairly or unexpectedly when you pass away. The interaction between foreign life insurance policies and U.S. law can be extremely complex, so you will want to get the assistance of an attorney to help you make the right decisions.

Trusts

Although you may think your trusts are incredibly secure, the way they are distributed and taxed can be affected by the country you live in and the country where they were established. You need to make sure you understand the laws of the land, so that your estate planning is completed in a way that won’t give your loved ones added problems after you pass on.

If you are interested in estate planning or you are looking to make changes to your current arrangements, give us a call. Our attorneys have years of experience in estate planning and can make sure your assets are distributed fairly and correctly.

Estate Planning - 04/27/2015

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