Texas Estate Planning

Is My Stuff Worth as Much as I Think?

Don’t take downsizing personally, when their adult children decline your furniture and other possessions.
The Street’s recent article entitled “If You Think Your Kids Want Your Stuff, Think Again,” says that baby boomers are getting ready to pass trillions of dollars to their heirs in coming decades.
Most of the money will pass from wealthy parents to their already well-off children. However, the inheritance many people will have to deal with is unwanted china, unfashionable furniture and memorabilia that reflects someone else’s memories.
Understandably, younger generations hate the thought of sorting through a parent’s lifetime accumulation, since many parents think their children will change their minds, or their grandchildren will want this stuff someday.
However, the reality is that lifestyles have changed. Younger people typically don’t have the time or the inclination to polish silver, hand-wash china, or iron linens. They don’t usually want heavy, dark wood furniture. Neither do buyers, because the values for old furniture have dropped.
While there probably is a hutch-loving millennial out there somewhere, but parents should ask what their childen want. They also need to listen to their answers.
People with things their children don’t want can ask extended family members if they’d like them, prior to deciding whether to sell or donate, that is if a charity will even want them.
You can research the potential value of possessions by looking at the “sold” listings on eBay - Get Report or other auction sites.
You can also hire a personal property appraiser. You can get referrals from an estate planning attorney and expect to pay about $100 to $350 an hour.
It’s important not to put this off. The older people get, the harder it can become to clear out all the clutter.
The thinning-out process should happen sooner not later.
Reference: The Street (July 22, 2020) “If You Think Your Kids Want Your Stuff, Think Again”

Estate Planning Lawyer, Wills, Intestacy, Probate Court, Inheritance, Asset Protection, Capacity, Guardianship, Executor, Personal Representative, Trusts, Trustee, Power of Attorney, Healthcare Directive, Living Will, Probate Attorney, Beneficiary Designa

First, a fiduciary duty is the requirement that certain professionals, like attorneys or financial advisors, work in the best financial interest of their clients. By law, members of some professions with clients are bound by fiduciary duty.
Forbes’ recent article entitled “What Is Fiduciary Duty?” explains that in a fiduciary relationship, the person who must prioritize their clients’ interests over their own is called the fiduciary. The person getting the services or assistance is called the beneficiary or principal.
You will frequently see a fiduciary relationship with certain types of professionals, like attorneys and financial advisors. A fiduciary duty is a serious obligation, and if a fiduciary doesn’t fulfill his or her duties, it’s known as a breach of fiduciary duty. Fiduciaries must act in a beneficiary’s best interest. They have two main duties: duty of care and duty of loyalty. Fiduciaries may have different or additional requirements, depending on their industry.
With the duty of care, fiduciaries must make informed business decisions after reviewing available information with a critical eye. Lawyers must act carefully in performing work for clients. Care is determined by the prevailing standards of professional competence in the relevant field of law and geographic region. To abide by the duty of loyalty, fiduciaries must not have any undisclosed economic or personal conflict of interest. They can’t use their positions to further their own private interests. For example, fiduciary financial advisors might adhere to the duty of loyalty by disclosing recommendations from which they’ll receive a commission.
Other common professions or positions that require fiduciary duties include directors of corporations and real estate agents, as well as those discussed below:
Trustee of a Trust. When you want your assets to transfer to someone after you die, you can put them into a trust. The trustee who’s in charge of the trust has a fiduciary duty to manage the trust and its assets in the best interests of the beneficiary who will one day inherit them.
Estate Executor. The person who manages your estate and handles your affairs is your estate executor. He or she has a fiduciary responsibility to your heirs and next of kin to distribute the estate according to your wishes.
Lawyer. Your attorney must disclose any conflicts of interest and must work with your best interests in mind.
Financial Advisors. Financial advisors who are fiduciaries must act in the best interest of their clients and offer the lowest cost financial solutions to fit their clients’ needs. However, it important to note that not all financial advisors are fiduciaries.
Reference: Forbes (July 28, 2020) “What Is Fiduciary Duty?”

What Should I Know about Immediate Variable Annuities?

FedWeek’s recent article entitled “Buying an Annuity for an Income Stream” explains that these annuities come in two varieties, immediate fixed annuities and immediate variable annuities. With an immediate fixed annuity, you receive the same amount each month, as long as the annuity lasts.
However, a fixed payout may not be attractive, because that fixed amount is likely to decrease in value over the years as prices increase.
There are, however, immediate variable annuities with payments that are indexed to inflation.
There’s are also immediate variable annuities, where you decide among investment accounts with the aim of upping your payments.
Immediate annuities can be a good strategy for people 65 and older. That’s because the older you are when you buy one, the more cash flow you’ll get and the greater the portion of each check that will be a tax-free return of capital.
When you purchase an immediate annuity, you can select some of the terms of the contract. Let’s look at some of the common choices.
A straight life annuity will pay one individual for as long as he or she lives, whether it’s a month or 50 years.
With a joint annuity, a married couple purchases an annuity that will pay as long as either spouse is alive.
Finally, there are period certain annuities. This kind of annuity can be on one person’s life, just like a straight life annuity. However, with a period-certain annuity, the insurer agrees to make payments for at least a specific number of years (a common term is 10 years). If the annuitant dies within that term, payments to a beneficiary will continue until the term is completed. You can get period-certain annuities for many different lengths of time.
Note that joint annuities and period-certain annuities have smaller payouts than a straight life annuity.
You need to consider whether protecting a spouse or another beneficiary is worth the reduced cash flow while you’re around.
Reference: FedWeek (June 18, 2020) “Buying an Annuity for an Income Stream”

Cat Is Fighting for Her Inheritance?

A year later, and the estate of Chanel creative director Karl Lagerfeld is not yet finalized. However, some details have emerged that, while Lagerfeld’s cat Choupette is an heir, she isn't the only one who will inherit a share of Lagerfeld’s grand fortune.
The seven beneficiaries are trying to access Lagerfeld's assets that include real estate in Paris and Monaco, a bookstore and designer furniture.
Choupette is a blue-cream tortie Birman cat who was owned by German fashion designer Karl Lagerfeld from around December 2011 until Lagerfeld's death in February 2019 at the age of 85.
The designer’s feline has her own agent and, according to The New York Times, at the height of her fame she had two minders, a bodyguard, a concierge veterinarian and a personal chef.
Wealth Advisor’s article entitled “Karl Lagerfeld's cat is locked in inheritance battle” says that Lagerfeld's "trusted" accountant for many decades, 87-year-old Lucien Frydlender has been named to manage the creative director's finances. In addition, Frydlender is responsible for distributing the estate, according to Lagerfeld’s will.
However, an investigation by French publication Le Parisienfeatured in Voici magazine found that Frydlender hasn’t been taking calls from the beneficiaries. The magazine also says that "after closing his office in September 2019, the former collaborator of Karl Lagerfeld has simply disappeared from the radar," raising questions for those involved.
Frydlender's wife has defended her husband and assured the public that there's nothing suspicious going on. She says he’s not "on an island paradise with a hidden treasure." Instead, she tells reporters that he’s "very sick".
When Choupette the cat will get her inheritance and what that will look like is unknown. It’s been more that a year since the death of her owner, Lagerfeld. Choupette fans have been concerned for the pet, but the cat isn’t scrounging in garbage cans: she made over $4 million in 2015.
"People came by the store and said how sad they were, and half of it was about Choupette," Caroline Lebar, head of communications for the Karl Lagerfeld brand, admits. "They'd say, 'If she's alone, I'll take her home.'"
However, Lebar promises Choupette is in safe hands, living in Paris with Lagerfeld's former housekeeper Françoise Caçote. "She is in good shape, and is surrounded by love."
Reference: Wealth Advisor (June 9, 2020) “Karl Lagerfeld's cat is locked in inheritance battle”

Texas has the Lady Bird Deed, How Do I Make Sure My Wife Gets the House?

Nj.com’s article “Will my wife get my house when I die?” explains that many of life’s transitions and big events, such as marriage, divorce, new job, birth or adoption of a child and others, are the triggers to address in your estate and financial plan.
It’s not uncommon for a person’s decisions made before marriage as a bachelor, not to match up with a future with a new spouse.
As far as making certain that a house with a sister on the deed passes to the spouse, depends on how the house was titled at purchase. The titling of an asset can affect the way in which it would be transferred at death.
With real estate, most frequently, a person would have titled it either as Tenancy in Common (TIC) or Joint Tenancy with Rights of Survivorship (JTWROS).
If a person elects to go with JTWROS, then at his death, the house will avoid probate and pass entirely to the sister.
The law stipulates that the sister would be the full owner of the house, in which the man and his new wife had been living.
If you select to title as TIC, upon the man’s death, his half of the house would go to his estate. This doesn’t avoid probate. Therefore, the rights of the estate will be determined according to the decedent’s will.
However, neither scenario is too great for the wife. This potentially leaves her in a stressful situation upon her husband’s death.
A wise approach is for the man to begin a dialog with the sister and an experienced estate planning attorney, who can help draft an agreement or help to change the titling of the house.
His will and beneficiaries should also be updated at the same time.
Another recommendation is to consider life insurance to provide for the wife after his death.
Reference: nj.com (June 18, 2020) “Will my wife get my house when I die?”

What are the Estate Planning Basics?

Estate planning is an all-encompassing term that refers to the process of organizing, inventorying and making plans for the proper handling of your affairs after you die, including your dependents as well as your assets, valuables and heirlooms. This typically involves writing a will, setting up a power of attorney and detailing funeral arrangements with the help of an experienced estate planning attorney.
CNET’s article entitled “Estate planning 101: Your guide to wills, trusts and all your end-of-life documents” provides us with some of the key steps in getting started with estate planning.
Create an Inventory. Your estate includes all of the things you own, such as your car and other valuable possessions, plus "intangible assets" like investments and savings. If you own a company, that's also part of your estate. Everything you own should be given a valuation. Have your home and other valuables appraised.
Evaluate your family's needs. A big reason for estate planning is to make certain that your family is cared for, in the case of your death or incapacitation. If you're a breadwinner for your family, the loss of your income could be devastating financially. Consider a life insurance policy to help provide a financial cushion that can be used to cover living expenses, college tuition cost, and mortgage payments. You may also need to designate a guardian, if you have children under the age of 18.
Make job assignments. Dividing up a person’s property can be a tough and emotional task. Make it easier by ensuring that all of your assets have been assigned a beneficiary. You'll also name a few people to coordinate the process of dividing up your belongings. List your beneficiaries, so they know who gets what.
Create a Will. You should have a legally binding document setting everything out in as much detail as possible. A will is a legal document that directs the way in which you want your assets and affairs handled after you die. This includes naming an executor, who is someone to manage how your will is executed and take care of the distribution of your assets.
Help your family if you’re incapacitated. A living will (also known as a medical care or health care directive) states your healthcare preferences, in case you're unable to communicate or make those decisions on your own. If you need life support, a living will states your preferences.
Start estate planning sooner rather than later. Talk to an experienced estate planning attorney today.
Reference: CNET (June 8, 2020) “Estate planning 101: Your guide to wills, trusts and all your end-of-life documents”

Can I Add Real Estate Investments in My Will?

Motley Fool’s recent article entitled “How to Include Real Estate Investments in Your Will” details some options that might make sense for you and your intended beneficiaries.
A living trust. A revocable living trust allows you to transfer any deeds into the trust's name. While you're still living, you’d be the trustee and be able to change the trust in whatever way you wanted. Trusts are a little more costly and time consuming to set up than wills, so you'll need to hire an experienced estate planning attorney to help. Once it's done, the trust will let your trustee transfer any trust assets quickly and easily, while avoiding the probate process.
A beneficiary deed. This is also known as a “transfer-on-death deed.” It’s a process that involves getting a second deed to each property that you own. The beneficiary deed won't impact your ownership of the property while you're alive, but it will let you to make a specific beneficiary designation for each property in your portfolio. After your death, the individual executing your estate plan will be able to transfer ownership of each asset to its designated beneficiary. However, not all states allow for this method of transferring ownership. Talk to an experienced estate planning attorney about the laws in your state.
Co-ownership. You can also pass along real estate assets without probate, if you co-own the property with your designated beneficiary. You’d change the title for the property to list your beneficiary as a joint tenant with right of survivorship. The property will then automatically by law pass directly to your beneficiary when you die. Note that any intended beneficiaries will have an ownership interest in the property from the day you put them on the deed. This means that you’ll have to consult with them, if you want to sell the property.
Wills and estate plans can feel like a ghoulish topic that requires considerable effort. However, it is worth doing the work now to avoid having your estate go through the probate process once you die. The probate process can be expensive and lengthy. It’s even more so, when real estate is involved.
Reference: Motley Fool (June 22, 2020) “How to Include Real Estate Investments in Your Will”

Are People Avoiding Estate Planning in the Pandemic?

A survey by Quest Research Group in the wake of COVID-19 wanted to see how prepared people would be, if something were to happen to them. They asked 1,000 people how much planning they’d done in the past, and if the pandemic encouraged them to start planning now.
Forbes’ June article entitled “The Three Reasons People Avoid Estate Planning” says that with all the uncertainty in the world, the study reveals that people are taking action, even though it’s something people typically try to avoid. Why do people avoid it? The article narrows it down to the three most common excuses:
I’m much too busy. I can barely keep up with my life as it is.
It’s complicated and/or expensive.
I’m just too superstitious. I’ll just jinx my life by thinking about death.
All of these excuses are followed by a sentiment such as “I know it’s something I should do” and “I’ll get around to it one day.” No matter how it’s said, people just don’t feel that it is urgent.
First, are those who are superstitious and think doing this somehow curse their life. However, people buy car seats for their children, and no one refuses to buy a car seat because they think it would make them more susceptible to an accident. Instead, you buy one, because you’re a responsible adult who cares for your child.
The other two excuses are similar, because when people say that planning is a time consuming or expensive task, they’re automatically too busy or frugal to even consider taking on such a task. Then we do all that we can to procrastinate.
To address these excuses, here are some things you can do right now at little or no expense that can help your family, if there’s an emergency. It will also make you feel more responsible for your life, in the same way parents do when they purchase car seats.
Password Sharing. Passwords are the keys to modern estate planning. To have access to your accounts in the event of an emergency, someone you trust should have access to your passwords. There are password managers, like Dashlane or LastPass, which coordinate all your passwords, so you only have to remember one. You can later share it.
Draft a Medical Directive. This document instructs your family what you want done in a medical emergency (Living Will) and who should speak on your behalf, if you’re unable to communicate (Health Care Proxy). These make up an Advance Directive.
Create a Will and a Power of Attorney. A will is the document that instructs your executor how to distribute your assets. A will also names a guardian for any minor children. A Power of Attorney (POA) is like a Health Care Proxy for your money and lets an agent make financial and legal decisions on your behalf, when you are unable.
Ask an experienced estate planning attorney to help you create these to avoid any issues down the road.
Reference: Forbes (June 24, 2020) “The Three Reasons People Avoid Estate Planning”

Cat Is Fighting for Her Inheritance?

A year later, and the estate of Chanel creative director Karl Lagerfeld is not yet finalized. However, some details have emerged that, while Lagerfeld’s cat Choupette is an heir, she isn't the only one who will inherit a share of Lagerfeld’s grand fortune.
The seven beneficiaries are trying to access Lagerfeld's assets that include real estate in Paris and Monaco, a bookstore and designer furniture.
Choupette is a blue-cream tortie Birman cat who was owned by German fashion designer Karl Lagerfeld from around December 2011 until Lagerfeld's death in February 2019 at the age of 85.
The designer’s feline has her own agent and, according to The New York Times, at the height of her fame she had two minders, a bodyguard, a concierge veterinarian and a personal chef.
Wealth Advisor’s article entitled “Karl Lagerfeld's cat is locked in inheritance battle” says that Lagerfeld's "trusted" accountant for many decades, 87-year-old Lucien Frydlender has been named to manage the creative director's finances. In addition, Frydlender is responsible for distributing the estate, according to Lagerfeld’s will.
However, an investigation by French publication Le Parisienfeatured in Voici magazine found that Frydlender hasn’t been taking calls from the beneficiaries. The magazine also says that "after closing his office in September 2019, the former collaborator of Karl Lagerfeld has simply disappeared from the radar," raising questions for those involved.
Frydlender's wife has defended her husband and assured the public that there's nothing suspicious going on. She says he’s not "on an island paradise with a hidden treasure." Instead, she tells reporters that he’s "very sick".
When Choupette the cat will get her inheritance and what that will look like is unknown. It’s been more that a year since the death of her owner, Lagerfeld. Choupette fans have been concerned for the pet, but the cat isn’t scrounging in garbage cans: she made over $4 million in 2015.
"People came by the store and said how sad they were, and half of it was about Choupette," Caroline Lebar, head of communications for the Karl Lagerfeld brand, admits. "They'd say, 'If she's alone, I'll take her home.'"
However, Lebar promises Choupette is in safe hands, living in Paris with Lagerfeld's former housekeeper Françoise Caçote. "She is in good shape, and is surrounded by love."
Reference: Wealth Advisor (June 9, 2020) “Karl Lagerfeld's cat is locked in inheritance battle”

What are the Estate Planning Basics?

Estate planning is an all-encompassing term that refers to the process of organizing, inventorying and making plans for the proper handling of your affairs after you die, including your dependents as well as your assets, valuables and heirlooms. This typically involves writing a will, setting up a power of attorney and detailing funeral arrangements with the help of an experienced estate planning attorney.
CNET’s article entitled “Estate planning 101: Your guide to wills, trusts and all your end-of-life documents” provides us with some of the key steps in getting started with estate planning.
Create an Inventory. Your estate includes all of the things you own, such as your car and other valuable possessions, plus "intangible assets" like investments and savings. If you own a company, that's also part of your estate. Everything you own should be given a valuation. Have your home and other valuables appraised.
Evaluate your family's needs. A big reason for estate planning is to make certain that your family is cared for, in the case of your death or incapacitation. If you're a breadwinner for your family, the loss of your income could be devastating financially. Consider a life insurance policy to help provide a financial cushion that can be used to cover living expenses, college tuition cost, and mortgage payments. You may also need to designate a guardian, if you have children under the age of 18.
Make job assignments. Dividing up a person’s property can be a tough and emotional task. Make it easier by ensuring that all of your assets have been assigned a beneficiary. You'll also name a few people to coordinate the process of dividing up your belongings. List your beneficiaries, so they know who gets what.
Create a Will. You should have a legally binding document setting everything out in as much detail as possible. A will is a legal document that directs the way in which you want your assets and affairs handled after you die. This includes naming an executor, who is someone to manage how your will is executed and take care of the distribution of your assets.
Help your family if you’re incapacitated. A living will (also known as a medical care or health care directive) states your healthcare preferences, in case you're unable to communicate or make those decisions on your own. If you need life support, a living will states your preferences.
Start estate planning sooner rather than later. Talk to an experienced estate planning attorney today.
Reference: CNET (June 8, 2020) “Estate planning 101: Your guide to wills, trusts and all your end-of-life documents”