After creating a will, circumstances may emerge that prompt a desire to change various aspects of the document. Divorces, new marriages, additional children, familial disagreements and shifting allegiances to charities can each impact a will. Adding a codicil is a way to amend the document without creating an entirely new document. A codicil is a supplement to your will which changes, revokes or adds a new provision. Yet, it is not necessarily easier to make a codicil than it would be to create a new will. The same formalities are required for both, including the presence of witnesses. The codicil becomes a part of the original will, and the codicils along with the will make up one complete document. Read more.
Same-Sex Marriage Estate Tax Milestone
Recently, with a landmark decision in U.S. v. Windsor, the U.S. Supreme Court has determined that a stipulation of the Defense of Marriage Act (DOMA) is unconstitutional. The decision in this benchmark case paves the way for gay couples to receive tax refunds on taxes paid because the federal government didn’t recognize their marriage. Read more.
Estate Planning for Young Adults
Turning eighteen is a milestone for many reasons. You are legally an adult, with the ability to vote, and you may be heading off to college or starting a career. The future is upon you, the world is your oyster, and any other number of clichés. Regardless of where you are headed, it is most likely not to draw up an estate plan – but maybe it should be.
Especially for those high school graduates heading off to college, an estate plan could be just as important to bring along as a mini fridge and shower shoes. A recent article by Sheyna Steiner on NBC News delves in to the importance of estate planning for the college-bound or recently graduated. Read more.
Celebrity Estate Planning Mistakes to Avoid
In an interesting article, Fox Business delved into the “Monumental Estate Planning Blunders of 5 Celebrities.” The piece looks at estate planning mistakes made from some well-known, now-deceased stars who’s estate ended up out of their hands.
Leona Helmsley, widow of real estate tycoon Harry Helmsely, famously left a $12 million dollar trust to her dog, Trouble. Ultimately, this only served to cause trouble for her estate, since she simultaneously added the pup to her estate plan while nixing two of her own grandchildren. Because of the oddity of these actions, a judge awarded $6 million to each of the disinherited relatives and reduced Trouble’s trust to a measly $2 million. Read more.
Estate Planning Faux Pas
Estate planning is important. If you haven’t already considered an estate plan, there is no time like the present. When considering how to start this process, you should consider professional advice. Fields and Dennis has years of experience under its belt and can help you produce an estate plan that is secure, cares for all your loved ones and leaves few uncertainties for family members. After all, it’s your legacy and it should be carried out as you intended. Estate planning can be complex, but with the right professional assistance, it doesn’t have to be.
People often make a variety of mistakes when planning their estate. One of the biggest mistakes is failing to get professional advice. While the cost of hiring an estate planner can seem unnecessary, it will often save much trouble later. While you may not be around to deal with the repercussions, a faulty estate plan will cause your loved ones quite the headache. There can be a lot involved in the estate planning process. From your basic will, to trusts, life insurance, setting up a health-care proxy, gifts and tax exclusions. Attorneys can provide much needed guidance when it comes to legal documents and making sure that you have properly covered all of your bases. Read more.
Estate Planning and Second Marriages
If you are thinking about remarriage after a divorce, there is much to consider. Second marriages have become far more common in recent years, as divorce rates and life expectancy both increase. While pursuing a life with someone you love is an exciting endeavor, especially after the initial devastation that a divorce can cause, there are a few things to reflect on before you take the plunge for a second time. While you may already have a will or an estate plan in place, how will your new spouse impact this existing plan? Read more.
Estate Planning Lessons from Downton Abbey
A recent article from The Wall Street Journal offered “Money Lessons from Downton Abbey.” The popular British drama that takes place in the early 20th century recently ended its third season, but more important than providing entertainment, it can apparently offer valuable estate planning advice. While it is a period drama and work of fiction, its themes of familial relationships and financial debacles make the PBS program a cautionary tale for families planning their own estate. Read more here.
Study Says Stories are Most Valued Inheritance
In a 2012 survey by the Allianz Life Insurance Company of North America, it was determined that family stories are more important to many than material inheritance.
The American Legacies Pulse Study surveyed baby boomers (age 47-66) and elders (72+) and concluded that 86% of baby boomers and 74% of elders surveyed deemed their family’s stories the most important facet of their legacy. Read more here.
Don’t Leave Your Legacy to Chance: Estate Planning For Lottery Winners
It seems pulled from the pages of a mystery story, but you may have heard it in the headlines recently. What happens if you win the lottery but die mysteriously shortly after?
Urooj Khan may have gotten lucky when he hit the jackpot for $1 million in the Illinois Lottery, but shortly after things took a terrible turn. Khan died this past July, days before he was set to collect $425,000 in lottery winnings. It first looked like a tragic yet unsuspecting death from natural causes, but after concern from his brother over the unfortunate timing, more tests on Khan’s body revealed that the actual cause of death was cyanide poisoning.
Unfortunately, for his loved ones, he died without a Will in place, deeming a court battle inevitable. Khan’s widow, Shabana Ansari, and his siblings fought for months over his estate, including his lottery winnings. Read more here.
Disinheriting Someone Isn't Always Easy
The desire to disinherit someone from a will isn’t always as negative as it sounds. While most times individuals are disinherited out of anger or pride, it isn’t unheard of to desire one person to receive more or less of an estate due to financial and personal need. However, there are certain rules and guidelines to take into consideration when distributing or withholding assets. Read more here.