Are You Ready for the 2011 Tax Changes?

If ever there was a time to call your estate planning or tax attorney, now is that time.

The tax cuts instituted by the Bush administration in 2001 and 2003 are set to expire in 2011 unless Congress does something to stop it before the end of this year.  There are many proposed bills up for discussion right now but it’s anyone’s guess which, if any, will be passed in time.

If you are a single person earning $200,000 or more per year, or a married couple with a combined income of $250,000 plus per year, your federal payroll tax will increase by 0.9 percent in 2013 and taxes on your investment income and gains will take an additional hit of 3.8 percent.

To minimize the hit you’ll take next year, now is the best time to plan.  To give you an idea of what’s coming, here’s a brief list of the top 5 changes you’ll see after 2011:

1.            Increased Income Taxes for Higher Earners

Right now, single people with a taxable income of more than $192,000 and married couples who file jointly and have a combined taxable income of $232,950 or more pay 33 percent and 35 percent in taxes, respectively.  These taxes are going to increase to 36 percent.  If you earn more than $375,700 (regardless of whether you’re single or a couple filing jointly), your taxes will go up to 39.6 percent.  The general consensus is that the Bush tax cuts will probably become permanent for earners with incomes less than $200,000.

If you are looking at a higher tax rate in 2011, you need to look for ways to take advantage of the lower 2010 taxes now.  One possibility is conversion of a traditional IRA to a Roth IRA.  But don’t do this without talking to us first.  It needs to be done a certain way or it’s pointless.

2.             Higher Taxes on Investment Gains

If you’ve been enjoying a 15 percent maximum rate on long-term capital gains and qualified dividends, expect to see that increase.  If Congress takes no action, capital gains will be taxed at 20 percent and dividends will be treated as normal income (making rates as high as 39.6 percent a possibility).  More than likely, action will be taken to fix that hike to 20 percent, but only for investors in the top two income brackets we talked about earlier.  In 2013, that 20 percent rate will rise to 23.8 percent for the highest earners as part of the new excise tax for health care.

Don’t sell profitable stocks right now to qualify for a lower tax rate.  Just take this opportunity to rebalance your taxable investment portfolio now when the taxes are lower.  You should also take a look at your home equity situation and talk to us about actions you can take to lower your tax bill should you decide to sell and make a considerable profit.

3.            The Estate Tax Cometh

Yes, the federal estate tax will be resurrected in 2011 and it will come back at levels we saw in 2000.  The top tax rate will be 55 percent on estates worth $1 million to $10 million and 60 percent on estates worth more than $10 million.  Congress has said that they will fix the estate tax debacle and make estates valued at less than $3.5 million ($7 million for couples) exempt from federal estate taxes, and set a maximum tax of 45 percent on assets over that.  But no one is really sure how all this will play out.

Right now, we can only hope they take action soon.  But in the meantime, talk to us about how to structure your estate to take advantage of these exemptions should they happen, and make sure that your estate plan is sound.  For example, there are certain kinds of trusts that will essentially disinherit you if your spouse dies before the tax comes back.  Call us to make sure you don’t have a potential nightmare on your hands.

4.            You Could Be Losing Write-Offs

The 2011 budget will reinstate the phase-out of personal exemptions and itemized deductions for earners in the top two tax brackets.  Another proposal is on the table that will cap the deduction rate for the top two tax brackets at 28 percent.

The itemized deduction is still in effect for 2010 so this is a good year to make sizable gifts to your favorite charities.

5.            An Alternative Minimum Tax Quick Fix

If you’re a middle class taxpayer, you’re being hit every year by the Alternative Minimum Tax (“AMT”) because, although it was designed to make sure that rich taxpayers didn’t get out of paying taxes, it was never indexed for inflation.  Every time Congress passes what they call a one year “patch” to spare some taxpayers, they raise the AMT exemption.  A one year patch for 2010 is a given, and a permanent fix is possible in 2011 with an automatic annual inflation adjustment.  The AMT may be a joke but it’s a very profitable one – it will account for $875 billion between 2009 and 2019, so it’s likely to be a joke we’ll be living with for a very long time.

If you’re a single person with an adjusted gross income of $46,700 or more in 2009 or a married couple with an adjusted gross income of $70,950 for the same year, you will have to look at the tax tables and the AMT and pay whichever is higher.  This is really painful for couples with children in states where you’re also paying high income and property taxes (the deductions for these taxes are limited under the AMT).

These are only five of the changes that are coming in 2011.  The ins and outs of dealing with the tax code are murky on a good day, but with the coming year and the expiration of old tax breaks, the new health care legislation and the outcome of any pending legislation, you need to make sure that your tax house is in order and you’re not paying more than you need to pay.

We can help you navigate your way through the changes.

Our Family Wealth Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call today and mention this article.

Starting and running your own business requires you to be something of a gambler.

Regardless of how much you plan, nothing is certain except that at least some of the million and one things you think can go wrong, will.

To balance your penchant for taking a few risks with the need to ensure the success of your business, you need to plan, get and follow good advice and, above all, don’t give up at the first sign of trouble.

These few steps will help you reduce  or control at least some of your risk:

1. Plan for the Worst Possible Scenario

Most entrepreneurs are optimists.  They have to be or they would never think of going out on their own.  You go into business to succeed, not to fail.  But knowing that there is that small, ever so slight possibility that you could fail will prevent you from being complacent and making poor decisions.  A little fear will keep you sharp.  Plan exactly what you would do if the worst happened and you’ll know what to do if it does.

2. Don’t Do It Alone

If a carpenter measures twice and cuts once, make sure you think about your business decisions at least twice before jumping into anything.  Avoid being impulsive and analyze before you act.  If you’re not the analytical sort, find a trusted advisor who is. Remember, a system of checks and balances isn’t just for the government.  Run your ideas or decisions by that trusted advisor and get another perspective.  Sometimes you’re just too close to the decision to make a good one.

3. Decide On and Develop Your Niche

In your heart of hearts you know what you’re good at, what you really care about and why you started this business to begin with.  Play to those strengths.  Don’t take every project that walks through the door just to have the work.  You’ll be much more successful and happier if you stick with what you know.

4. Increased Revenue Gets You There Every Time

If you are struggling, focus all your energy on increasing revenue and making sales instead of focusing tremendous energy on cutting costs.  Increasing revenue will allow you to hire the right team members to support your growth and keep you headed in a forward momentum.  If you focus heavily on cutting costs, it’s very easy to get stuck.

5. Get the Right Kind of Business Insurance

While there is a school of thought out there that says insurance is for pessimists, do yourself a favor and get insurance.  And get the right kind of insurance for your business.  It will reduce your personal risk and protect you from claims from the people you have to deal with on a daily basis.  Lawsuits can come from anywhere so keep that in mind when considering the type of insurance you need.

Reduce both your risk of sleepless nights and making costly mistakes by finding the right advisor to help you with the decisions you need to make your business a profitable one.  Hire a personal legal advisor.  Each of these 5 steps will be much easier and you will feel better about them if you talk them over with someone who can guide you in the right direction.  And remember, your legal advisor is a business person, too.  They can speak to your problems not only from a legal viewpoint but from experience.  They understand exactly what you need to do to be a success.

If you’re an independent entrepreneur or you’re considering taking the leap to business ownership, call us today to schedule your comprehensive LIFT™ (legal, insurance, financial and tax) Foundation Audit.  As your personal legal advisors we will identify any holes in the foundation of your business and what you need to do to fix them. Normally, this session is $1250, but if you mention this article and we still have room on our calendar this month, we will waive that fee.

Do Advance Directives Really Work?

A Living Will…

A  Durable Power of Attorney…

An Advance Health Care Directive…

Any of these documents can help to establish your wishes when it comes to the medical treatment you receive at the end of your life.

But do they really work?

According to one of the largest studies on the effectiveness of documents specifying medical treatments desired, or not desired at the end of life, yes, these documents do work.  And more and more Americans are using these tools to make their wishes known.

The results of this study, published in the New England Journal of Medicine, showed that seventy percent (70%) of the people followed in the study lacked the ability to make choices toward the end of their lives because of their mental or physical health. Fortunately, most of them had advance directives and their wishes were not only known but followed. The will of the patient prevailed.

So which documentation is the right choice?  Here’s what you need to know:

Living Will

A Living Will specifies the type of medical treatment you desire if you become incapacitated.  If you are permanently unconscious or terminally ill, your Living Will merely tells your family and the medical community whether or not you desire to receive life sustaining treatment.  The Living Will does not allow you to appoint someone else to make decisions for you.  It just makes your wishes known.

Durable Power of Attorney for Health Care

A Durable Power of Attorney for Health Care allows you to appoint an agent with the legal authority to make decisions for you, relating to health care issues and treatment, should you become unconscious, mentally incompetent or otherwise unable to make those decisions. By making this a “durable” document, you are including language to make sure that this document remains effective or will take effect if you are mentally incompetent.  In many states, you can also include language to make your wishes known with regard to “life-sustaining procedures” if you are in a coma or terminally ill.  But a word to the wise, even if you include language about your wishes in this regard, make sure you discuss them with the person you designate as your agent.

Advance Health Care Directive

In many states, the Advance Health Care Directive has replaced the Living Will and Durable Power of Attorney for Health Care as the document for making your wishes known with regard to health care treatment and decision making.  This document instructs others (your family and the medical community) about your care if you are unable to make those decisions on your own.  It only becomes effective under the specific circumstances you provide for in the document itself.  The Advance Health Care Directive allows you to do either or both of the following:

-       Appoint a health care agent

-       Prepare instructions for health care

This document provides a very clear statement of your wishes about your choice to prolong your life or to withhold or withdraw treatment.  You can be as specific as you like about the medical care you want at the end of your life.  For example, if you are a vegetarian or vegan, you can specify that you do not want to be fed meat.  You can indicate whether or not you want hydration and nutrition to be withdrawn and that it goes beyond whether or not you can breathe on your own.

The Advance Health Care Directive allows you to do everything in one document that a Living Will or Durable Power of Attorney for Health Care allow you to do separately.  If you already have a Living Will or Durable Power of Attorney for Health Care, don’t worry.   Both of these documents are still valid until you take steps to replace them with an Advance Health Care Directive, unless you have a really old one that automatically expired after 7 years.

If you have any of these documents in your current estate plan, make sure that copies are provided to your appropriate family members, your primary care physician and/or anyone you have named as an agent in these particular documents.

If you don’t currently have these documents in your estate plan and would like an expert opinion on which is appropriate for your particular circumstances, call us to schedule your Family Wealth Planning Session today.  We can identify what needs to be done to ensure that you have the right documentation to make your wishes known and followed.

Also, as part of our estate planning process, we will interview you about your specific wishes and what you want your family to know.   We provide you with a copy of the interview so you can pass on the information you want your family to remember.  We understand that it’s not just about the paper you leave behind, but the voice you leave behind.  Our Family Wealth Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call today and mention this article.

Gifting to Nieces and Nephews –

What You Don’t Know Can Hurt You (and Them)

Picture this scenario…

You’ve worked hard, saved and managed to accumulate some wealth.

You’re not a robber baron by any means but you’re comfortable.  Your siblings haven’t fared as well and you want to make sure that their children have the benefit of a solid higher education.  With no children of your own, it seems the right thing to do.

So you set up 529 college education savings plans for your nieces and nephews, make them the beneficiaries, and mention everything in your will.

And life goes on…

You don’t give it another thought beyond making regular contributions. You move to another state.  You divorce.

All the things that happen in the normal course of living.

You know you need to change the beneficiary of your estate and name another executor (both are still your former spouse) but you never really get around to it.

And then the unthinkable happens. You die unexpectedly, with no time to make those changes you sincerely intended to make.

This is where things can quickly fall apart for those nieces and nephews you so wanted to take care of.

To make sure your wishes are carried out exactly as you intended, take these steps now to protect those 529 college education savings plans:

1. 1. Name One or Both of the Child’s Parents as Participant or Owner

If you name your niece or nephew as the “beneficiary” of the 529 plan as a gift, you must add one or both of the child’s parents as the Participant or Owner.  This gives them actual control over the 529 account.  They can even change the beneficiary.  If the child’s parent is not listed as an owner or participant, the plan will be considered part of the estate (which would then belong to your former spouse in this instance).  Your niece or nephew would need the executor (again, your former spouse) to essentially turn the plan over to them in writing.  And the executor and beneficiary of your estate would be well within their legal rights to refuse.  Is that a risk you really want to take?

1. 2. Update Your Will

I know you’ve heard this at least a thousand times but I’ll say it again because it is critically important in situations like this.  If you undergo any kind of lifestyle change (i.e., divorce, death of a spouse or child, become incapacitated, move to another state, etc.), take the time required to have your will updated.  This kind of situation happens all the time.  The former spouse, as both executor and beneficiary, controls the 529 college savings funds because of a failure to properly set up the funds.  If you’re going to the trouble of setting up a 529 fund and make regular contributions to it, take the necessary steps to ensure that money is used for what you intended.

1. 3. Don’t Leave Assets or Insurance Outright to Your Nieces or Nephews

If you leave either assets or insurance directly to your nieces or nephews and they are minors at the time of your death, their parents will have to go to court to be named as guardians to gain access to these assets.  Needless to say, that just adds another layer of complexity and more expense to the process.

1. 4. Have Your Estate Planning and Financial Documents Thoroughly Reviewed

When you update your will, make sure that all your estate planning documents are reviewed, cross-referenced and do not contradict each other.  Also, make sure that the person or persons you’ve named as beneficiaries and owners of your accounts are coordinated with your estate planning documents and that all your documentation supports your ultimate goals and objectives.

I can’t emphasize enough how important it is to have current estate planning documents.  And this is especially true if you have 529 college education savings plans set aside for nieces, nephews, great-nieces or nephews, etc.

If you have started a 529 plan or would like to and would like an expert opinion on how a plan like this should be handled, call us at 818-905-6088 to schedule your Family Wealth Planning Session today.  We can identify what needs to be done to ensure that you have the appropriate language in the plan to make sure that the money goes exactly where you intended.  Our Family Wealth Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call today and mention this article or visit or website at http://www.estplan.com to request a call back.

We often don’t have the right preparedness plan in place until disaster strikes. Each time we’re jolted out of bed a little reminder in the back of our brain says take action. But, then, days go by, and we start to move that down the list until finally it’s no longer important anymore and is filed under the “I’ll get to it someday list.”

Last week, an earthquake measuring 4.4 on the Richter Scale struck Southern California reminding us of the importance to be prepared for when that “Big One” strikes.

Let’s face it; the plates appear to be on the move with large and small quakes arising everywhere. There has been recently a quake in Chile, Japan, Indonesia, Turkey, Haiti and now California, too. This is the time to review how prepared you are in case an earthquake strikes. I know that I, too, need to go back and make sure everything is in order.

My girlfriend, Karen, who teaches first aid, reminded me of what the Red Cross recommends that you should have on hand in case of a major disaster:

• A 2-week supply of water – a gallon of water per person for at least 2 weeks – don’t forget your pets
• Medicines – both prescription and over the counter
• Canned food items
• Baby Formula and bottles for your infants
• Pet Food
• A first aid kit (this is always good to have at home/work/car)
• Working flashlight
• Radio that works on batteries
• Important legal documents

A complete list of recommended items by the Red Cross of what to include in your emergency kit can be found online.  To view it, just go here.

Copies of wills, trusts, deeds, insurance policies, credit card information should all be kept in a zip lock bag along with your emergency kit.

Just like we need to be prepared for when disaster strikes, it’s important to have the proper legal planning in place to ensure that, when that day comes, all your financial and intellectual wealth passes smoothly without exorbitant costs, disputes or delays.

Every American must have 5 important legal documents, which are discussed in the feature article below. If you don’t have a legal plan in place, I want to make it easy for you to put it in place. Just schedule an appointment in the next 2 weeks, mention you read this E-zine, and you will receive a $500 discount off your planning and a complimentary Family Wealth Planning Session (a $750 value).  Call us today at 818.905.6088 and say you want to take advantage of the E-Zine Special.

To Your Family’s Health, Wealth & Happiness,

Personal Family Lawyer®

Whether you are single, married, have children or not, every American should have these 5 legal documents in place regardless of wealth. These documents are discussed by Alexis Martin Neely in her 4 minute CNBC video segment.

Click Here

What Are They?

1. Kids Protection Plan. If you have children, you need to have a plan in place that names legal guardians. But it’s not enough to name guardians for the long term, you must also name “first responders” someone who can get there immediately and is close by. Without the first responders, you risk that your kids could be taken into child protective services if the long-term guardians can’t be located or can’t arrive timely. In addition, an emergency ID card should be carried in your wallet that states you have minor children and lists the phone numbers of the guardians – in case of an emergency.

2. Will. Again, regardless of how wealthy you are, you need to make sure your money and personal belongings get to who need them in the event of your death. A will allows you to decide who handles your affairs as well, rather than leave it up to the court to decide.

3. Living Trust. If you have assets, other than personal belongings and bank accounts. Assets more substantial such as a house, investments, or insurance, a trust will keep it easy for your loved ones to be protected. If you don’t have a living trust, a court could end up deciding who gets your assets with substantial expense and time delays involved.

4. Power of Attorney. Once you turn 18, you need a financial durable power of attorney. This legal document allows you to specify who you want managing your finances and affairs if you should lose capacity. Without one, again, the court will decide, substantial expense is involved, and it may not be the person you wanted to handle your finances.

5. Advanced Health Care Directive. Similar to a power of attorney, an advanced health care directive lets you name who makes medical decisions for you if you’re unable. It also includes your wishes and desires regarding life support and other medically related issues.

If something happens to you, you don’t want to leave it up to your family to figure things out. By having the right documents in place and a relationship with your Personal Family Lawyer, you can ensure that your documents remain up to date and will work when you need them the most –allowing for a smooth transition to your loved ones.

A Personal Family Lawyer® is a trusted advisor who helps you to make the very best personal, financial, legal and business decisions for your family throughout your lifetime and is there to guide your loved ones when you can’t be.

Back in the day, before lawyers became all about the billable hour, form documents, and transaction, the trusted family lawyer was who mom and pop turned to for guidance throughout life’s ups and downs.

As firms grew and became more focused on billable hours and profit centers, the personal relationship began to fall by the way-side.

And, in the early 90s, planning with living trusts became so popular that every lawyer and his brother decided to start dabbling in Wills and Trusts and the practice soon became about fill in the blank form documents.

The trouble is that these documents often didn’t work when someone died because the lawyer either didn’t make sure the clients’ assets were owned properly, the lawyer didn’t have any kind of team in place to be proactive about changes in the law or clients’ assets, and the lawyer generally did not maintain a relationship with his or her clients.

Consider this traditional experience – you’ll go in and meet with a lawyer who will prepare standard form documents for you and you’ll sign the documents, feeling relieved that you’ve got that taken care o­f.

You’ll take your fancy planning binder home, stick it on a shelf or in a drawer, mark estate planning “DONE” on your checklist and never think about it again.

You might remember your lawyer said something about moving your bank accounts into the trust. So you’ll go to the bank, forget what you were supposed to do, call your lawyer’s office, get a voicemail, have to leave the bank and wait for a call back, (which takes several hours at least and sometimes days) and by that time, you’ll have gotten busy with other things and never get around to moving that bank account.

A few weeks later, you’ll get a bill in the mail for $67.50 for 15 minutes of your lawyer’s time for answering a couple of questions. You’ll make a mental note – don’t call lawyer ever again.

Several years later, you’ll refinance your house or sell it and buy a new one and forget that you were supposed to let your lawyer know or make sure you kept the title in the name of the trust.

Your children will get older, making your guardianship choices outdated, but you don’t want to call your lawyer because you know you’ll get a bill in the mail two weeks later.

You’ll hear something about a change in the tax law, but you figure you’d surely get a letter in the mail from your lawyer if it was something that affected you, so you don’t worry about it. And, you’d have to dig through boxes to find your trust documents so you could remember your lawyer’s name and find her contact information.

Who has time for that?

It’s not until you become incapacitated or die and your family finds the binder you stuck up on a shelf several years before and never looked at again, that they’ll realize your plan is so outdated that it has nothing to do with your life, your assets and the law.

Your family is at a loss. They don’t know where to turn or what to do, so they contact the same lawyer you used to prepare the documents, who is as happy as can be to probate your assets, which never made it into the trust.

How do I know all this?

Because it happened to my family when I was in law school and I swore it would never happen to my clients when I became a lawyer. And then, I spent three years in a big law firm where I saw how easily it could happen (and I worked for one of the best law firms in town). A law firm that followed the best practices in the industry.

Unfortunately, what I discovered is the estate planning industry was not designed to serve growing families who experience lots of change on their way to success. It was designed to serve 70 and 80 year olds who were preparing for death.

YOUR PERSONAL FAMILY LAWYER HELPS YOU PREPARE FOR LIFE

What makes a Personal Family Lawyer different is that we have the needs of growing families in mind.

We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency.

You want to know you’ve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your children would be taken care of in the best way possible and will be prepared to receive your wealth if anything happens to you.

That is our focus as well.

We’ve developed unique systems to give you the same access to a personal lawyer as was previously only available to the likes of Bill Gates, Warren Buffet, and Sam Walton so you can have the guidance you need to build and maintain a life of prosperity and wealth.

We encourage communication with our clients. In fact, we’ve thrown out the time clocks so you never have to be afraid to call with a quick question (or even a not so quick question). Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises.

We have a whole team to serve you. When you call our office to ask your quick question, you won’t have to wait hours or days for a phone call back. You’ll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your personal lawyer, a call will be scheduled when your both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth.And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime.

Best of all, we’ve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter.

One day you will need a lawyer. I don’t know when and I don’t know when, but when you do, you will be grateful you can call on us and we’ll be here to advise you or get you out of a jam.

Lastly, we believe your financial wealth is a small part of your overall “Family Wealth” which is made up of your far more valuable, Intellectual, Spiritual and Human assets – who you are and what’s important to you.

Most estate plans are only able to transfer your financial wealth onto the next generation. The intangible nature of your much greater wealth has made it difficult to capture and it is most often lost when someone passes. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime?

If you are like most people, you know very little. But, the wealthiest families capture these assets and pass them along right with their financial wealth. And, that’s part of the reason the rich keep getting richer.

We’ve developed a tool that allows us to pass on your whole Family Wealth, including your Intellectual, Spiritual and Human assets. I can’t go into all of the details here, but we’ll definitely talk about when you come into meet with your own Personal Family Lawyer.

We look forward to seeing you and caring for your family soon!

Alexis M. Neely

A Special Needs Trust can be established by a parent to preserve the child’s government benefits, enhance the childs qualify of life, provide a system of adequacy and address the child’s ongoing ‘life’ issues.

How does the special needs trust preserve government benefits?

A child with a disabilty at age eighteen is going to be eligible to receive social security income (SSI). To qualify for SSI you must have less than $2,000 in assets and limited income. Prior to the age of 18, the parents income is deemed to the child and therefore most children will not qualify. At age 18, parental deeming stops, and then the disabled child can qualify for SSI

SSI is designed to pay for food and shelter and provides a monthly benefit in 2009 of _________. Some states add an additonal benefit. For example in California the total monthly benefit is __________. Even with this combined benefit, the monthly stipend is not going to

I hope you had a wonderful July 4th Holiday! It’s been a little quiet in the office since this was a big week for vacations and long weekends for many of my clients.

We went to a fireworks show, which was a lot of fun. I’ve heard stories from several who live in places like San Pedro, at the Port of Los Angeles… what a fireworks display they had! From Palos Verdes to Long Beach and all cities in between and beyond, to the cruise ships’ shows… there can be as many as 10-15 going on at one time. I’d love to experience that sometime and maybe next year…

And of course, on a topical note, you know that we are in the midst of grieving for the losses of several beloved entertainers this week. Ed McMahon… Farah Faucett… and, of course, Michael Jackson.

I have to admit that, while I have the utmost respect for him as a world class entertainer and appreciate his unsurpassed talent, I have not been glued to the whirlwind of media activity surrounding his passing or the side shows of his estate mess. Because of the size of his estate, the litigation could go on for years and not even be resolved in our lifetime. You’d thnk that someone with his resources that he would have had all of this sewn up and made simple for his family.

If you are in the same situation in that you have not taken these steps – whether you have a $10,000 or $10,000,000 estate, you can see the heartache and the tremendous waste of money that you do not want your family to suffer.

Stick around for this week’s feature article where we talk about “Michael Jackson: What Happens to His Kids?”

Love,

Gerry

PS
For parents of graduating seniors: If your kids are going off to college this Fall, click here for some surprising information about the legal changes that happen when they are 18 and what you can do to protect them while they are still in school.

Parents often set up trusts as a way to ensure their assets reach their children and successive generations without being diminished by courts costs and taxes. When leaving assets to a child, parents will be faced with some choices on how to handle or set up their children’s future inheritance.

Should they leave them to the children outright (no longer held in the trust), how much and when should the children receive the assets and will their inheritance be protected from future creditors are amongst some of the questions a parent must ask.

Children, who are under the age of 25, are usually incapable of properly managing assets. Instead of leaving assets outright to these individuals consideration should be made to setting a continuing trust for them. The typical approach would be leave those assets in trust until the kids reach age 30 and distribute outright to them ½ of the balance at 25 with the balance at 30. The trustee (or manager) would have full discretion to distribute as much money as that child needs prior to age 30 for that child’s health, education, and support.

Although, the typical approach protects the child from squandering the assets, provides incentives to become educated and a productive member of society, it doesn’t provide any protection from their future creditors. So for example, if that child becomes a doctor, lawyer or real estate developer – or just gets sued for any reason – their entire nest-egg could be gone in a blink of the eye. Their inheritance is also not protected in the event the child files for bankruptcy or their marriage fails.
Safeguarding your children’s life savings can be done with a trust that is set up for that child’s lifetime. The child still retains the full ability to control their assets. The parents can determine at what age the child is able to take control of the trust. When the child reaches that age, the child is then given full and complete control over the assets, rather than receiving full distribution of the trust assets and the trust terminating.

The trustee prior to that age still has full discretion to distribute to the children prior to the pre-mandated age as much as they want from the trust for day to day living, support and maintenance. However, if a lawsuit arises, their marriage fails or the child files bankruptcy those assets are protected inside the trust.
After the child dies, the assets remain in the trust for successive generations, which may include grand-children and great grand-children or other beneficiaries. How long the asset can remain in these trusts depends on the law in the state in which it is established. For example, a trust established in Nevada can last for 365 years, while California allows for only 90 years from when the trust comes into existence. This is usually when both parents die.

For this protection to work, the children themselves are not able to establish a lifetime asset protected trust. The trust for the children – or other beneficiaries – must be established by a parent or grandparent with their assets prior to the child receiving them. Once the child has received the assets outright, this protection of a beneficiary controlled trust is gone.

Our Personal Family Lawyers® can help you determine how to structure your children’s future inheritance. How the trust is structured will depend on a variety of factors including: personal preference, amount of money involved, and your level of concern.