Archive for category Living Trust
Why Your Child Should Not Inherit Large Sums of Money at 18
Posted by in Estate Planning, Living Trust on September 25th, 2009
Invest in an Estate Plan During a Recession
Posted by in Estate Planning, Living Trust, Probate on August 13th, 2009
In a recession, the last thing you want is money being wasted on unnecessary, avoidable costs. But this is exactly what will happen if you do not protect your family and loved ones by setting up an estate plan. On your long list of expenses, an estate plan should be near the top of the list. In a shaky economy where people are worried about their future, an estate plan brings security and peace of mind that your loved ones are protected should anything happen to you. Without a proper estate plan in place, your estate may have to pay for the high costs of probate proceedings and attorney’s fees. This means less money or even no money for your loved ones. And in the situation where your estate has no money, your heirs will have to bear the high costs of wrapping up your estate.
While a will may be sufficient for some people, a proper estate plan may need more than just a will. Along with the will, a durable power of attorney is an instrument that will allow you to appoint someone to make financial decisions for you should you become incapacitated. Moreover, an advanced healthcare directive allows you to appoint someone to carry out your health wishes. Planning ahead and designating someone will negate the need for court supervision, therefore, saving unnecessary court costs. In addition to the will, durable power of attorney and advanced healthcare directive, a living trust may be needed. For example, a home worth $100,000 or more will subject your estate to the full probate process. The high costs of probate may be reduced by having a will in place, but having a living trust will avoid probate altogether.
Probate costs and attorney’s fees will be taken out of your estate. This is money you hoped to pass on to your loved ones. As previously mentioned, if your estate does not have money or not enough, your loved ones will be burdened with thousands and thousands of dollars in court costs and attorney’s fees on top of all the other expenses. Rather than receiving any money, your loved ones may have to pay money. In a time where people are trying to save money and find ways to cut their losses, you should protect them from such risks. This kind of mess is the absolute last thing you would want to leave behind in a recession period. People during a recession have enough to worry about. Money is precious but so is time. This is time that can be spent dealing with other difficulties involved in a recession.
It is undeniable that there are only positive aspects to having a proper estate plan in place. These benefits are even more important during a recession period where money is tight and future uncertain. By making the choice to forgo an estate plan and save the money you would have spent on an estate plan, you are not really saving money at all. Compared to probate proceedings, setting up an estate plan is relatively inexpensive. However, if costs ranging from 1200 – 3000 is too much for you to afford right now, you can pick up an estate planning book and create an estate plan on your own. It is better than not doing anything. It is not enough to simply hope that things will work out on their own. Instead, plan ahead and make sure that things will work out according to your wishes.
Contributions from Joyce Park, attorney at law
Michael Jackson may have a will after all
Posted by in Estate Planning, Estate Taxes, Guardianship of Children, Living Trust, Probate on June 30th, 2009
Now news reports are indicating that Michael Jackson does have a will and depending on how well it has been drafted, it will likely be the subject of litigation for years to come. However, unless Michael Jackson created a living trust, it is likely that his estate will still be subject to probate and if his estate still has a sizeable value, millions of dollars in estate taxes will likely need to be paid.
Michael Jackson and his estate planning
Posted by in Estate Planning, Estate Taxes, Guardianship of Children, Living Trust, Probate on June 30th, 2009
With the shocking passing of pop icon Michael Jackson, many questions are arising about what happens next to his children and his estate. The primary issues regarding his estate and family will be
- Who will be the Guardian to his children ( Two with Debbie Rowe and one by surrogate)?
- What is the value of his estate (including the likely residual income stream), does the value exceed his debts and as a result of the valuation how much will his estate owe in federal estate taxes (45%)?
- Since it appears he did not have a living trust, most of his assets (including the Neverland Ranch) will be subject to the probate process in California. This will likely cause his estate to incur hundreds of thousands if not millions of dollars in probate attorneys fees. The probate process will likely drag on for years.
These issues while magnified by the amount of money involved and the notoriety of the person who died, are still the same issues faced by a typical Orange County resident who passes on with a home and children.