Tag Archives: Probate

Prince’s Urn – Totally Unique 

princeThis past week, People Magazine revealed the first photos of Prince’s urn, one that is a totally unique as the man was himself.

While alive, Paisley Park in Minnesota was Prince’s home; as of last Thursday, it became a museum and memorial to him.  At that museum, his ashes are on display in a one of a kind urn that was designed by his sister, Tyka Nelson and his nephew President Nelson.  They partnered with Foreverence, a company that developed a scale model of Paisley Park itself.  It’s 14 x 18 inches and decorated with Prince’s famous symbol in his signature purple.

His ashes are sealed in the front column and, though it can’t be seen by the public, the facade “opens to reveal a miniature replica of Paisley Park’s grand atrium, including the singer’s signature purple Yamaha piano, white ornamental doves and decorative tile floor. The interior even includes real working lights.”

According to its website, Foreverence designs urns and memorials that “celebrate life, passion, and legacy”.  They’re “a timeless tribute as unique as the life it represents.” They certainly managed that for Prince.

You may not want such a unique resting place but you may want information about options that are available to you.  To find out more, go to www.diesmart.com.






6 ways to foil hackers, phishers and pushy marketers

phishingI’ve written a lot in the past about identity theft and the importance of protecting your online accounts.  These six points were contained in an email from my mortgage broker and I think they definitely are worth repeating.

1. Update software. The latest computer, smartphone and apps software is the most secure. Update now and choose ‘Update Automatically’ in Settings. Update your WiFi router on its app or Web setup page.

2. Strengthen passwords. Make them long strings of random upper and lower case letters, numbers and symbols. Use a different one for every site. Turn on two-factor authentication for Apple ID, Google, Facebook (‘login approvals’), Microsoft, Twitter (‘login verification’) and banks. Use a password manager to sync devices.

3. Encrypt data.
Makes it hard for someone to access information if they get your device. Encrypt with a password or fingerprint screen lock, or turn on ‘encryption’ in Settings. Use Disk Utility on external drives.

4. Privatize browsers. Select ‘clear browsing data.’ (This deletes passwords which shouldn’t be saved on sites anyway.) Activate ‘Do Not Track’ in Settings. Block trackers with an extension (Ghostery, Disconnect, EFF’s Privacy Badger). Opt out of ad tracking at http://www.aboutads.info/choices/

5. Check apps.
Find out which ones access locations and data and turn off if not used. Check Settings for Privacy permissions. Check Google and Facebook security. Delete Facebook apps you don’t want.

6. Think!
Don’t click on email links or attachments you don’t expect. Make online payments only on secure “https” sites. Double-check public hotspot names, or use a VPN—HotSpot Shield (Windows, Android), Cloak (iPhone, Mac). Use PayPal on unfamiliar sites. Don’t pay online with debit cards or put account info in emails.

For more information about protecting your digital assets, go to www.diesmart.com.

My father left his home to his kids — my stepmother sold it for $1 million

moneyologistWe read this recent column from MarketWatch and found it interesting enough that we are repeating it in its entirety.  If you have step children or step parents, you should be aware of what might happen if proper planning isn’t done.

He made his wishes clear, but his second wife had other ideas

Dear Moneyologist,

My brothers and I are mentioned in our father’s will as what he “wishes to happen” with the house he purchased for his second wife. He put the house in her name, but stated that if he should die first, he would like the wife to live in the house till she dies, but wanted the house to be sold and the proceeds to be split among his children.

After he died, my stepmother has sold the house for $1 million. She bought a new house for $500,000 and kept the difference. She has not put all the children on the ownership of the new house. Also, she has children from her first marriage who might want a percentage of the estate, including the new house. The will was made in Taiwan. I live in Texas.

Where do I and my brothers stand in this situation?

Betrayed Daughter

Dear Daughter,

When it comes to family drama, stepmothers fare about as well as mothers-in-law. That is, they get a hard time. Sometimes, it’s deserved, other times I think they fall victim to negative stereotypes. In one case, the stepmother wanted to cut her husband’s children out of his life insurance policy. And another stepmother obsessed over her husband’s children and what might happen to his credit score should he die. It’s easy to come down hard on stepmothers, mostly because of Grimm Fairytales. This 2009 book “Stepmonster: A New Look at Why Real Stepmothers Think, Feel, and Act the Way We Do” tries to debunk that myth. On this occasion, the jury is out.

Your father can’t leave his children something that he no longer owns. That’s not how life or the law works.

Your stepmother has downsized and created a nice nest egg. That was her prerogative. Your father can’t leave his children something that he no longer owns. He put his house in your stepmother’s name and, judging by his will, it seems that he wanted her to give it back. That’s not how life or the law works. If you could prove undue influence, you might have a case. You would need to provide evidence that (a) your father was not of sound mind when he signed over the house and/or (b) your stepmother somehow did not have his best interests at heart and tricked him into signing over the home. That would be an expensive and difficult process.

It’s still unclear whether U.S. or Taiwanese law would apply here. According to Taiwanese law, “The making and effect of a will are governed by the national law of the testator [your father, in this case] at the time of the making of the will.” But that may prove fruitless. “If you can prove that the testator was the true owner, you can file a litigation against your father’s second wife,” says Ou Yang, Hung, managing attorney at Brain Trust International Law Firm in Taipei, Taiwan and adjunct assistant professor of law at Soochow University. “It will be very hard to prove that the testator was the true owner of the house.”

Put it in simpler terms: You may have to kiss that $1 million goodbye.

For information about estate planning, check out our website www.diesmart.com.

Will you get a call from a debt collector?

debt-deathDid you know that if someone dies with unpaid bills like a balance on a credit card account, a family member or close friend will get a call or letter from a debt collector.

A few years ago, the FTC (Federal Trade Commission) issued new guidelines related to this subject.  The guidelines “widen the universe of people who could receive collection calls or letters”.  This makes it very important that anyone receiving such a call or letter knows his legal rights and obligations.

Debt collectors read the obituaries and then check to see whether the person who just died has any surviving relatives.  If so, they immediately begin sending out letters or making phone calls and harassing them for whatever is owed.

Rules vary from state to state but, in general, here are a few things that usually apply.

  • Family members or friends are not obligated to pay out of their own pockets for debts incurred by a deceased person.
  • If a family member or friend has co-signed a credit card or loan application with the now deceased person, that relative or friend is probably obligated to repay the debt.
  • If the deceased left a will and the estate is in probate, debt collectors can attempt to collect their money from the assets of that estate.
  • Assets that are specifically bequeathed to someone or that were jointly owned by the deceased and another person generally go to that person outside of the estate and are usually not reachable by debt collectors.  In the 10 community property states, assets are generally considered joint property and can’t be touched by a debt collector.

What does this mean for you?  If someone close to you dies and  you are contacted by a debt collector, don’t give that person any information or commit to anything.  See assistance from a local credit counselor or attorney to get guidance on how to proceed.  Otherwise, you may find yourself paying money to a debt collector unnecessarily.

For more information about settling an estate, go to www.diesmart.com.


Want to avoid probate?

estateplanningYou may think that if you have a will and in it you name the person who should inherit your home, that’s all you have to do.  Yes, it is if you’re willing to have the home go through a probate process.  That probate process will cost the beneficiary a lot of money as well as time and will be a public record.

However, there’s now a way that many can avoid the whole probate process and that’s thru the use of a transfer on death (beneficiary) deed.

There are several states that have a similar law and California just joined their ranks in January of this year.

If you live in one of these states, you now have the option to complete a Revocable Transfer On Death Beneficiary deed and name a beneficiary for your home.    After your death, the beneficiary can directly claim ownership rights to the property without involving the probate court and paying probate fees.

The deed can be completed and filed without hiring a lawyer or paying a third party to record the deed with the county recorder.

For some homeowners, a TOD Deed can be a cost effective way to avoid probate on the death of the last owner.   If you own a home and have it listed in your will, you might want to consider this new option.

For more information about probate and estate planning, go to www.diesmart.com.