Tag Archives: will

What is the most important part of estate planning?

When you do your estate planning, you probably think the most important part of this planning is your Living Will or your Last Will and Testament. They are very important but they are not the most important thing.

I recently read an article by Julie Garber on about.com and she said the most important part is to select the right person to do each of the jobs your estate plan will require.” After thinking about it, I agree.

When selecting a person to be your healthcare agent or guardian for your minor children or personal representative, be sure that this is a person who has your best interests at heart. Also, verify that this person has the time as well as the skills to perform the needed tasks. And, finally, select someone who you think can make wise decisions.

If you have name someone who declines to accept this position, and the backup person you’ve named also declines, a judge will make all of the decisions for you and your family or will find someone who is willing to do so; this person may not be someone you would have chosen and may not do things the way you would have wanted them done.

Think about it carefully and choose wisely.

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

Bad mistake made by heiress Huguette Clark

Huguette Clark was an heiress who died in 2011 at age 104. She left behind a $300 million estate. The bulk of the money was inherited from her father, a copper tycoon in Montana. She owned a 23-acre estate near Santa Barbara valued at $100 million, a $24 million house in Connecticut and a $100 million coop on Fifth Ave. in New York. She was a painter and a collector of rare French and Japanese dolls. She had no children, no close relatives and only limited contact with any of her distant relations.

She spent the last 20 years of her life living at Beth Israel Medical Center as a recluse, closer to her doctors and nurses than any family.

When she died, the only people who attended her burial were funeral home employees.

What did she do wrong? She left behind two wills, written just six weeks apart.

The first one left $5 million to her nurses and the balance of the estate to her distant relatives, even though 14 of the 19 involved said that they had never even met Huguette.

The second will left nothing to the relatives. It specifically said” I intentionally make no provision…for any members of my family…having had minimal contact with them over the years.” Instead, charities are the largest beneficiaries, receiving over 80% of the estate. Also named was her registered nurse, Hadassah Peri, who would receive $15.3 million after taxes, and a goddaughter who would get $7.9 million. Lesser beneficiaries included Beth Israel Medical Center, her attorney, her personal assistant, her accountant, property managers and one of her doctors.

In addition to what she was given in the will, her registered nurse received more than $31 million in gifts before Clark died and the estate administrator is asking that the $31 million be returned to the estate.

Family members are claiming that the second will was written under duress when she was mentally ill and incompetent and the victim of fraud by her nurse, attorney and accountant.

Negotiations have been going on for a few years, with 60 attorneys involved in the case. However, the chance of a settlement is not certain and a jury trial is scheduled to begin in Surrogate’s Court in Manhattan on September 17th.

Huguette Clark should have had better legal counsel when she decided what to do with her sizeable estate. She should have prepared a trust, including directions on who had the right to make decisions on her behalf when she was unable to do so. And she probably should have destroyed the first will.

It will be interesting to see what the probate court decides if a settled hasn’t been reached prior to September 17th.

For more information about Hugette Clark and her reclusive life, look for a book being released on September 10th titled “Empty Mansions: The Mysterious Life of Huguette Clark and the Spending of a Great American Fortune.”

To learn more about how to plan for the end of your life, go to www.diesmart.com.

Everyone needs a will. Do you have one?

It is critically important for everyone to have a will. If you don’t have one, your wishes may not be carried out. Why?

First of all, every state has laws covering what is called “dying intestate” (without a will). These rules strictly dictate who will receive what from your estate.

Let’s look at one example. You have two children. The first child worked his way through college and didn’t take any money from you. You paid all of the fees associated with the second child getting a degree and consider that money an advance on that child’s future inheritance. So you would like the first child to receive 75% of your assets and the second to get only 25%. However, when you die, you do not have a will which specifies this. According to the laws in many states, both of your children will share equally in your estate.

You may feel sentimental about some of your possessions. Maybe you have a few special pieces of jewelry and know to which member of your family you wish to give each one. Without a will, your wishes don’t count.

A will is also a good place to specify what you want your family to do with your body after you die. Perhaps you wish to be buried; however, they may not know and this and may cremate your body instead.

This week, I read two interesting blogs which reminded me of how important a subject this is. Both, interestingly enough, come from outside of the United States.

The first comes from Ghana and begins by talking about the late Colonel Momar Khadafi You may not care what Khadafi’s wishes were or that they were not carried out despite the fact that he had a will. However, later the blog talks about the writer’s father and how he set the precedent for everyone in his village to have a will.

The second was written by a woman in British Columbia and is a sad story about a man who told his former doctor, and later friend, about his wishes. However, he didn’t write them in a formal will. When he died, the doctor contacted the coroner to try to ensure that the wishes were carried out. Instead, the man’s body was turned over to the Public Guardian and Trustee (a government group) and his wishes were disregarded.

Consider getting your will written today. Not only will it make it easier for your wishes to be carried out but will remove an extra burden from your family members when you die.

For more information about this subject and other related topics check out our book “Die Smart, 11 Mistakes That Cost Your Family Money When You Die”.

25 Documents You Need Before You Die

Recently, the Wall Street Journal weekend edition had a very interesting article titled “25 Documents You Need Before You Die.”

Basically, it says that you should make sure that the originals of all of your valuable papers are put somewhere safe and that a loved one knows where that safe place is. Otherwise, when you become incapacitated or after you die there may be a great deal of frustration and unnecessary work as your heir or estate representative tries to figure out what you’ve done and how to prove it.

Check out this article and also check out Die Smart for more information on what to do.

Property with automatic inheritance rights

The fact is some of your most valuable assets are governed by other laws that override any instructions you may have written in your will or trusts, or state laws of intestate succession if you do not have a will. In this case, the rule on who inherits the property is managed by contract law, not your will. For example:

If you own life insurance or annuities, when you die the proceeds will pass by contract to a living named beneficiary or beneficiaries you designated when you purchased the life insurance policy.
If you own 401(k), IRA or Roth IRA retirement accounts, when you die these assets also automatically pass by contract to the living named beneficiary or beneficiaries designated on the beneficiary forms. This person now owns the asset. Surviving spouses have certain rights to retirement accounts that cannot be given away without their permission.
If you own real property with another individual as joint tenants with right of survivorship, the law generally grants automatic inheritance rights to the surviving joint tenants.

Each of these is an example of instances in which the manner in which the assets are titled govern how they are distributed upon your death. Upon your death, the assets pass automatically to someone else. These assets do not exist in your estate and are not subject to your will or probate.