Articles Tagged with inheritance

What Types Of Trusts Are Useful In Protecting Retirement Plans?

There are a number of schools of thought here. In our practice, we feel a revocable living trust is not a good vehicle to handle retirement plans. Often these are not drafted with the appropriate language to comply with the IRS service regulations to be what’s called a “see-through trust”. A Retirement Plan Trust is specifically drafted to comply with the service regulations and meet all the criteria so that if this trust is designated as the beneficiary, you will be able to preserve the tax deferral for those named beneficiaries to get the stretch advantages.

Continue reading

No, it does not. It transfers by beneficiary designation. Much like life insurance that goes to the individual named in the policy, the retirement plan goes to the individual named on the beneficiary designation in the plan document. If you don’t have a beneficiary designated or the individual that you designated is deceased, the account value can wind up in your probate estate; and if this happens, the only choice is that all the taxes are due right away, and there is significant inflexibility. But in general, it will avoid probate.
Continue reading

If you are a farmer or a rancher, you are hardworking and dedicated. Your farm or your ranch is more than just a way to make a living — it is your legacy. You have spent your life building something that you can be proud of and that you want to pass down to your children so that they can preserve what you have built and they can continue to provide for themselves and their families. Unfortunately, if you do not make an estate plan, your land and your assets may be liquidated cutting your legacy short and ending your family’s unique lifestyle choice.
IMG_20110505_192323
Estate planning is important for everyone but especially for those who own their own business such as farmers and ranchers. If you avoid making or updating an estate plan, your assets will be subject to state intestate laws. Instead of you deciding how your estate will be settled upon your death, the courts will make that decision for you. Below are three common estate planning mistakes farmers and ranchers make and how to avoid them.
Continue reading

Yes, they fit the broad definition of a blended family, but the story of the “lovely lady” and a “man named Brady” was, of course, simply that. A story. When turning off the TV and looking at today’s blended families, a first observation is how very unique and different they all are. (Or as one estate planner remarked: “If you’ve seen one blended family, you’ve seen one blended family.”)
Continue reading

Do I Need a Will or other Estate Planning Documents if I Do Not Have Any Children? Estate planning is usually low on a person’s list of priorities until a life event occurs that forces the person to contemplate their own death. The most common life events that cause someone to begin to think about estate planning is getting married, having children, amassing a large asset or amount of money, or the death of a parent, relative, or close friend.

One question about estate planning that our attorneys are asked quite often is, “Why do I need a Will if I do not have children?” Our answer, “Because everyone needs a Will and a comprehensive estate plan regardless of whether they have children, are single or married, or have a little or a lot.” Failing to have a Will results in the state of Wisconsin deciding what happens to your property upon your death. Furthermore, failing to prepare for your incapacity prior to death may result in your healthcare wishes not being honored if you cannot speak for yourself.

Continue reading

How to Stop Mail Addressed to a Deceased Person?

Even though we have moved into the electronic age, we still receive a significant amount of paper mail. For some, the amount of paper mail may be higher, especially for those who never embraced email or the internet as a means of communication. Therefore, one of your first steps as an executor for the probate estate is to contact the post office and submit a change of address form. You need to ensure that all of the deceased’s mail is coming to your address so that you can review bills, statements, etc. and take the appropriate measures according to the decedent’s Will or state law.

Unfortunately, along with the important pieces of mail that you receive, you will also receive junk mail, catalogs, magazines, and other items. At some point, you will want to stop mail from being delivered. Bills and statements typically end once the account is settled; however, junk mail will continue until you take steps to stop it.

Continue reading

The Fight Over Robin Williams' Estate ContinuesIt has been a bit over a year since the tragic death of actor and comedian Robin Williams; however, the family has yet to settle their battle over his estate. Williams took his life in August of 2014 in his California home. The actor had a Will but his kids from a previous marriage and his current wife have been battling for a year over some of the terms contained in the Will.

Williams’ wife, Susan, petitioned the court to prevent his children from taking possession of the contents of their San Francisco Bay home. She claimed the items in the home should be excluded from the estate. William’s children responded to the petition claiming their stepmother was trying to change the terms of the trust to deprive them of their father’s personal belongings and memorabilia.

Now one year later, the parties have narrowed down the fight to about 300 items and an issue regarding a monetary distribution to Williams’ widow. In June, a judge gave the parties until July 29 to settle their differences and reach an agreement. It is not clear if the parties met that deadline yet or if they will be able to settle the dispute without court intervention.

How Can I Prevent My Family From Fighting Over My Estate?

Continue reading

Inherited IRA – How Do I Protect This Valuable Asset?piggy bank and coin

The composition of a probate estate has changed over the past few decades. Just 40 years ago, the family home was the most valuable asset most parents left to their children. Today is much different. It has become rare to see a young couple purchase a home, put down roots and stay in that home for 40, 50 or 60 years. We live in a transient society where our jobs and lives require us to move several times before our retirement. Therefore, the concept of the family home being the bulk of an inheritance is outdated.

Individual Retirement Accounts (IRA) and other forms of retirement accounts have become one of the largest assets parents are leaving to their children. As individuals plan for retirement much earlier than before, IRAs have been growing and increasing in value for decades before the person reaches retirement age. By the age of 70.5 when an individual is able to withdraw these funds without penalties, the IRA may very well be the most valuable asset the individual owns.
Continue reading