Beware of a “One Size Fits All” Financial Plan

January 10, 2009

Filed under: Estate Planning

Most Americans have become aware of the benefits of financial planners, and of having a financial plan of their own. And now with the recent Wall Street crisis, public talk about financial plans and goals (and how yours may be weathering the storm) has become a lot more common. With all of this, it may seem that “financial planners” have been around forever. But according to Forbes.com, the financial planning profession has actually only been in existence for 40 years or less, and the idea of a “financial plan” is still a lot more nebulous and diverse than you may think.

What this means is that if you were thinking of hiring a financial planner so you can promptly hand over that mysterious and confusing responsibility, you’ll have to think again. You may have to be a lot more educated and involved in choosing your financial planner than you had hoped. A financial plan is not a “one-size fits all” commodity. Not even close. Mike Patton has titled his article “The Elusive Financial Plan”, and says “If you were to stop 10 people in the street and ask them, ‘what is a financial plan?’ you’d likely get 10 different answers.”

If you are not financially savvy you may be starting to worry just about now. How can you possibly be expected to know which of those 10 different plans (or which of 10 different planners) may be right for you? Luckily, you don’t have to decide alone. The best way to find a good match is to consult with friends who have financial goals and values similar to your own. Another option is to ask other trusted advisors for recommendations. Estate Planners work closely with many different financial planners and firms, and will be more than happy to help you find a good fit. An added benefit to asking your attorney is that the best estate plan to have is one that has the input of all of your advisors. The better the relationship between your financial planner and your estate planner, the better your plan will be.

4 Common Estate Planning Mistakes

January 9, 2009

Estate planning can be a touchy subject. Luckily, more and more people are coming to realize just how crucial it is to plan for their deaths, but even knowing its importance, few people want to spend time thinking about it. We understand why people might shy away from it. After all, estate planning deals with some very difficult subjects: your own or your spouse’s mortality, dividing assets among your children and grandchildren (perhaps unequally in some cases), and giving control over decision-making to someone else. It’s no wonder most people want to avoid thinking about it.

But a recent article in the New York Times will motivate you to think again about your estate plan. Writer Paul Sullivan has identified four common estate planning mistakes, and suggests a program for identifying them in your own plan. Look carefully, and have your attorney look with you, because failure to recognize even one of these issues in your estate plan could completely unravel all the time and money you put into the creation of it:

  1. Naming the wrong heirs—failure to update your accounts after a divorce or other major life change, or failure to transfer your accounts correctly in the first place.
  2. Liquidity deficit—passing on assets that value highly, but cannot be sold quickly or easily enough to pay estate taxes when they are due (real property, artwork, antiques, etc.)
  3. Lack of estate management at crucial times—distributing everything immediately upon your death is not always the best strategy.
  4. Choosing an unqualified executor—choosing well-meaning but unqualified family members over skilled professionals.

Any one of these mistakes can be disastrous, but the good news is that once they’ve been identified they are easy enough to fix. Our firm understands the challenges involved with planning your estate, and can help ensure that you’ve covered ALL your bases.

We also pay particular attention to another common oversight:  the need to plan for your Long Term Care.   We have developed estate plans to help our clients avoid estate depletion in the face of the significant expense of Long Term nursing home care. Don’t let the hard work and money you’ve put into your estate plan go to waste.

Could YOU Be A Trust Fund Baby?

January 6, 2009

Filed under: Estate Planning

It used to be that trusts were for the wealthy. Those who had inherited money in trust were often labeled “trust fund babies,” and these were the people who had everything paid for and worried about nothing. This is no longer the case. Trusts are used by the middle class more and more, as a tool for avoiding unnecessary probate expense and, sometimes, estate taxes. What this means is that just about anybody can now be a “trust fund baby”; your neighbor, your best friend… maybe even YOU!

If you know that your parents (or someone else) have made you the beneficiary of a trust, you might want o take some time to learn exactly what that means. Although being a “trust fund baby” sounds nice, it’s not completely without responsibilities. For example, if you are entitled to an ongoing stream of income from the trust, that would usually be considered by the government to be taxable income, and must be reported as such. And if you happen to be the trustee as well as the beneficiary there are even more rules and regulations you must remember to follow, as you would then be a “fiduciary” with responsibility to other beneficiaries.

It all may sound confusing, but it’s not as difficult as you think, as long as you know what to expect. If you find out that you are the trustee or beneficiary of a trust, the first thing you’ll want to do is to make an appointment with your attorney to answer any questions that will inevitably crop up. If you don’t have a family attorney, you can contact the attorney who drafted the trust in question or, if you prefer, you may contact our office.   You may end up getting all of your questions answered in one easy appointment, or you may prefer to meet regularly to ensure that things stay on task. Either way, it never hurts to have a knowledgeable professional in your corner, even when you’re lucky enough to be a trust fund baby.

When Planning for the Future, Don’t Forget Your Pets

January 3, 2009

In our blog we often address how estate planning can help you provide for your children or protect your elderly parents or grandparents, but today let’s talk about another member of the family—Today we would like to address how estate planning can help you take care of your pets.

According to this article by Angie Campbell, two-thirds of American households have pets, but approximately 70% of adult Americans do not have a will or other kind of estate planning. This means that if something happens to you, your pets (arguably the most helpless members of your family) are left out in the cold—literally.

Providing for your pets doesn’t have to be a difficult or expensive undertaking. The first thing, of course, is to find friends or family willing to serve as loving caretakers of your pets after you are gone. Create a letter of intent listing important information such as the age of your pet, medical history if any, and veterinary contact information. You can make your letter as formal or informal as you like, including as many details about your pet as you think are necessary or helpful.

Taking on extra mouths to feed can sometimes be a financial strain on a household. If you want to go one step further and provide financially for your pets or their caretakers, ask your attorney about creating a pet trust. Making your pets (or their caretakers) a beneficiary of your estate doesn’t have to be a Leona Helmsley size endeavor unless you really want it to be. With the right help, a pet trust can be small and simple, and an ideal way to say a most important thank you to your beloved canine or feline companions.  We would be happy to assist you in taking this extra step, which can be easily incorporated into your Estate Plan and/or updated Estate Plan.

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