Credit card and frequent flyer miles can add up to free trips around the globe. These valuable points can also disappear upon death. To whom should loyalty currency belong when the owner passes away? Loyalty points or miles are NOT your property. Look at the fine print. For example, Delta’s mileage program states that “miles […]
Personal trusts often own residential real estate. In the case of persons with disabilities, the trust format allows a trustee the discretion needed to maintain a home. Along with those powers comes great responsibility to ensure that the trust is serving the needs of its beneficiaries in the best way possible. Home ownership creates great […]
In this second installment on the topic of home ownership and persons with disabilities, I will offer an example of the complications the trustee might face. I am the Trustee of a special needs trust established for an adult woman named Sasha. Although Sasha faces special challenges due to certain disabilities, she has achieved a […]
Home ownership has been a cornerstone of the American dream. Yet, the ownership of a home presents challenges for persons with disabilities. As none of us knows if we might become disabled, these issues are universal in nature. Trusts are often employed to managed and administer and protect assets for a person with a disability. […]
The wife of a Supreme Court Justice is rarely a public figure. Yet, Virginia Thomas, wife of Justice Clarence Thomas, recently become well known for her extreme political views. Marriage to Clarence Thomas has given Virginia Thomas access to powerful people and she has availed herself of that privilege. While Virginia Thomas is entitled to […]
Have you checked the beneficiary designation for your IRA or 401K plan lately? Major changes occurred in 2019, when the SECURE Act rewrote the terms for distributing funds from retirement accounts to beneficiaries upon the owner’s death. Here are some concerns to consider. Under prior law, the named beneficiary could stretch the payment of retirement […]
After her mental breakdown in 2008, the California Courts approved a conservatorship restricting Britney Spears’ control over her own assets and health decisions. The resulting 13-year court-authorized supervision has been oppressive for Britney. You may be wondering, could that happen to me? There are two kinds of fiduciaries who can be named by a court […]
Will Your Children Think You Were Fair? Parents are often committed to being fair to their children. The desire to be fair comes up when planning an estate and determining how to split the “wealth” among descendants. Not every child is guaranteed an equal sized piece of the pie. Below are a few of the […]
Two Agents is One Too Many “The bank and the broker won’t accept our power of attorney,” came the report from my client. This is the exact opposite of what one would want and expect. Unfortunately, it is happening more frequently. Moreover, it happens most often when two or more people are named to […]
Old estate planning challenges have been exacerbated by the pandemic. New estate planning challenges have emerged. My approach to estate planning will forever be changed. Here is some of what I have learned. 1. Your heirs will need to have patience. Probate is a document intensive process to pass assets from your name to the […]
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