Blog
Sep
We often think of sibling rivalries as something that happens when our kids are growing up. They battle trying to be first to the finish line, get the top grades in school, etc.
But many times, arguments over who should get what item from a deceased family member can escalate and turn ugly.
Consider an article from The Wall Street Journal. Entitled “Sibling Rivalry Complicates Estate Planning,” the author goes on to detail how family’s differing views on sentimental items can cause rifts. For example: A $15 pocketwatch. Two sisters couldn’t agree on who should get it, and the will only stated “the daughters should decide.” This forced the executor to have the sisters bid on the watch – against each other!
Some careful thinking could help alleviate this problem. When undergoing estate planning – from will planning to charitable giving – think of your fondest memories. Make sure to reflect on what stories your loved ones often bring up. Is there a particular item attached to that memory that would be most appreciated by a particular person?
We understand the process isn’t easy. But that’s why we’re here: To help with the right questions so you don’t forget anything.
Sep
If you’ve looked around our site, you know we urge all people at any stage in life to figure out a full estate plan. No one can predict death, but everyone can be prepared and make sure their loved ones or preferred charities receive what you want them to.
The Huntsville Item recently ran an article urging readers to avoid the worst possible scenario. One paragraph:
“Many of you may have planned to get your affairs in order, but just have never gotten around to it. If an emergency occurred, would you be prepared? If you were to die, would your property pass as you want? Do your loved ones know whom to contact? Do they know where your bank accounts are? Do they know where your insurance policies are? Do they know all your assets?”
Questions that everyone should carefully consider – and we can help if you contact us.
Aug
Welcome Back Michelle!
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A client favorite, Michelle Burdeshaw, has worked for Rhodes Law Firm since April of 1991. While she took a brief hiatus to pursue a personal business venture in November of 2014, she made her return to the firm the following January to continue what she does best alongside her Rhodes Law Firm family. In her return, she set off to begin re-building the corporate practice of Rhodes Law Firm as the Office Manager and Senior Paralegal, and continues to solidify the relationships with clients–both corporate and estate planning.
Welcome Back Michelle!
Jul
Ransom is malicious and displays the worst aspects of cyber thieving. Unfortunately, with the vast amounts of information we send and receive each day, we’re all at risk. If the worst ever happens to you and your computer suddenly won’t respond when you need it, then we recommend this Business Insider article:
“Ransomware is evolving and that’s bad news for just about everybody except cyber thieves. Ransomware, which is a form of malware, works by either holding your entire computer hostage or by blocking access to all of your files by encrypting them. A person infected with ransomware is typically ordered (via a pop-up window) to pay anything from a few hundred to a few thousand dollars in order to get the key to unlock their encrypted data.
Of course, there’s no guarantee that even if a victim pays the demanded amount they will actually get access to their files again, which makes dealing with ransomware somewhat of a tricky issue. And with new, sophisticated strands of ransomware on the rise, it’s likely that more people will become infected and have to deal with the headache that comes along with it, security experts tell Business Insider.
Cyber criminals are now using the most modern cryptography to encrypt stolen files and are getting really good at making their dangerous links and downloads seem perfectly benign. One new strand of ransomware that falls into this category is called CDT-Locker and is often times very hard to detect. CDT-Locker can be hidden in files in such a way that even security software can’t tell it’s there. To make matters worse, hackers are getting people to willingly download these dangerous files by using sneaky tricks to make them appear legitimate.
For example, a hacker might pose as your utility company in an email stating that they need you to fill out an attached form or else your power will be cut off. Or a hacker might even use social engineering to pose as someone in your contact list to get you to click on a link in an email.”
Read more on Business Insider‘s site.
Mar
The first major hurdle in writing a Will is procrastination. Just thinking about death and dying makes some of us a little anxious. Once past that obstacle, there are six things that you should consider to be sure that your Will meets your needs.
1. Nonprobate Property: Remember your Will controls only property that is subject to transfer through the Probate Court. Any property that you hold jointly with someone else may be “survivorship” property that passes automatically upon your death to the other owner or owners. You may own property that is “payable on death” to another person. Insurance proceeds, annuities and IRA’s usually go directly to the named beneficiary rather than passing through probate. Now is a good time to review all your assets to be sure that however they are transferred at your death, they pass according to your plan and wishes.
2. Specific Bequests: A specific bequest is the gift of a particular thing or a particular amount of money. For example: “My wedding ring to my daughter, Katy,” or “$200 to my nephew, Felix.” When a specific bequest of an item is made, the law requires that item be appraised. It is then subject to inheritance tax at the appraised value. Depending on the value of the item, the appraiser’s fee and tax may not be justified. Many people prefer to give gifts of sentimental value during their lifetime to share in the recipient’s joy and appreciation.
You might wish to make a specific bequest of cash as a token to grandchildren or a specific charity. In doing so, keep in mind that specific gifts are always paid first. Depending on how large or small your estate is at your time of death, your specific bequest may be far more or less proportionately than you intended. For example, suppose at the time you write your Will you have $500,000 in assets. You leave $10,000 to each of your ten grandchildren and the remaining $400,000 to be divided between your two children. Unfortunately, you fall ill and require nursing home care for the last years of your life. Your estate is reduced to $100,000. Your specific bequests are made first. This leaves nothing for your children whom you had intended to inherit the bulk of your estate.
3. Residual Gifts: After specific bequests are made, you need to decide who gets everything else. Generally, if more than one person is to share the residuary, each person would receive an equal share or some percentage for each person would be named. (“to my children equally, share and share alike” or “forty percent to my Uncle Joe and ten percent to each of my six nieces and nephews”.) In dividing up your residuary be sure to consider what you want to happen if one of your beneficiaries dies before you. Would you want that person’s share to go to her children, to the other beneficiaries, or somewhere else entirely?
4. Taxes: Estate Taxes are no longer an issue for most people since the Ohio Estate Tax was ended January 1, 2013. Those with assets over $5,000,000 may be subject to federal estate tax. Consider whether you want all the tax paid out of the probate estate or whether persons receiving non-probate assets should pay a proportional part of the tax.
5. Minor Beneficiaries: If any of your beneficiaries could be under the age of 18, you may want to consider naming a trustee to hold the property until the child comes of age. The person you name may or may not be the child’s parent. You may choose to be quite explicit in your instructions to the trustee or simply choose someone you find trustworthy and leave the details to his discretion.
If your own children are young, you will want to name a guardian (and alternate guardian) to care for and raise your children. Your doing so can avoid much family turmoil in deciding with whom your child will live. Be sure to choose someone who’s child raising ideas are similar to yours. Use care in choosing grandparents as guardians. While your 68 year old mother may seem the best choice to have your 5 year old, she may not be equipped at 78 to handle your 15 year old.
6. Fiduciaries: Your fiduciary is the person who will gather together all your assets, pay your bills, then distribute the remainder of your estate as you direct in the Will. The person you choose should be trustworthy, organized and patient. Be sure to name an alternate fiduciary in case the person you name is unwilling or unable to handle your estate.
The law requires fiduciaries to post a “bond” (an insurance policy covering theft or error) unless you say in your Will that you do not require one. This is primarily protection for your other beneficiaries. The size of the bond is determined by the amount of probate assets. The cost of the bond is paid out of the estate.
Your fiduciary is entitled to payment for the service he performs. The amount of compensation is determined by the Court. Fiduciaries will generally choose a lawyer to assist with the estate.
As your life situation changes, your Will should be revised to suit your needs and desires. It is generally a good idea to review your Will every five years to be sure it reflects your wishes. Think about these six considerations each time you make a Will. Your individual situation may raise additional issues and considerations that your attorney can address.
By: Marta Williger, CELA Source: http://www.nelf.org/resources/articles/estate-planning/76-six-things-to-consider-when-writing-your-will