Do I Assume My Parents’ Timeshare when They Die?

February 1, 2021

You’ve seen the commercials and heard the stories. A timeshare can be great, but there can be trouble in paradise. Ridding yourself of a timeshare contract can be difficult. Frequently, heirs of a timeshare owner don’t want to take on the liability and the responsibility.

Nj.com’s recent article entitled “Can I leave a timeshare to the timeshare company in my will?” explains that as a general rule, unless it’s in an attempt to defraud creditors, a beneficiary may always renounce or disclaim a bequest made to him or her in a will.

However, if you write a provision in your will, it doesn’t mean that it’s legal, needs to be followed, or can be carried out.

As an example, a beneficiary designation on a bank account or certificate of deposit (CD) to your brother Dirk would take precedence over a specific bequest in your will that the same account or CD goes to your brother Chris. In that instant, the bank will pay the bank account or CD to your brother Dirk—no matter what your will says.

Likewise, with shares in a closely held business. If there is a contract between the shareholders dictating what happens to shares of the business if someone dies, that agreement will also override a provision in your will.

A timeshare is a contract. That means the terms of that contract control what happens. Your will doesn’t.

If the will doesn’t contradict the contract, like bequeathing the timeshare to a third-party who will continue to pay the contract obligations, both documents can co-exist.

A timeshare owner can’t avoid contractual obligations by just giving back the unit back to the corporation, unless that’s permitted in the contract.

The timeshare company isn’t required to take back a timeshare unit whether it is returned by the terms of the will or by the executor in administrating the estate, unless the signed timeshare agreement provides for this, or terms of the return are negotiated.

Reference: nj.com (Dec. 24, 2020) “Can I leave a timeshare to the timeshare company in my will?”

How to Plan for ‘Black Sheep’ Kid in Will

January 21, 2021

Every family has unique circumstances as far as wealth, financial planning and plans for the future. Therefore, it is critical that you consider your individual beneficiaries’ circumstances, when it comes to estate planning.

Kiplinger’s recent article entitled “Estate Planning for ‘Black Sheep’ Beneficiaries” explains that this may take the shape of child with a substance abuse issue, a lack of financial acumen and responsibility, or a mental illness. You also may want to reward certain behaviors in the future. All these situations can be addressed thoughtfully and effectively in your estate planning documents with the help of an experienced estate planning attorney. Let’s dispel some of the common myths surrounding these issues:

Myth #1: You are required to split your estate evenly among your children. Disinheriting a beneficiary happens a lot. It can occur for a variety of reasons that have nothing to do with disapproval of a potential beneficiary’s lifestyle choices. Regardless of the reason for disinheriting completely or making unequal distributions, it’s best to discuss this in your estate documents or in a separate letter. Give the reasons for your decision to head off any possible claim against the estate or even just hard feelings among family members.

Myth #2: Once you’ve disinherited your black sheep, it’s irreversible. Not so. You should review your estate planning choices regularly because situations change (hopefully for the better), and you can revise your estate plan to provide incentives for your beneficiary to continue making progress.

Myth #3: You have no control of the issue after you pass away. While there’s no direct control after you die, you can, however, make specific instructions in your trust to reward and motivate your black sheep to behave in a certain fashion. You can also treat the share of inheritance for one beneficiary differently than others. Therefore, a financially responsible child may be allowed to access such a share of the estate in one lump sum; but you create a trust for the second child who has issues.

Myth #4: Trusts are huge hassle. Certain trusts permit you to name a person to help your beneficiary manage their inheritance. This can be a family member or friend, as well as a professional trustee who will assume the administrative responsibilities of a trust.

Don’t avoid the subject of estate planning. Work with an experienced estate planning attorney and discuss the options available.

Reference: Kiplinger (Dec. 8, 2020) “Estate Planning for ‘Black Sheep’ Beneficiaries”

What Should I Know about Reverse Mortgage Scams?

January 18, 2021

A reverse mortgage is a loan that gives seniors access to the equity they have built up in their home (it is the property’s current value, less any outstanding loans or liens) without having to sell it. Most reverse mortgage are not scams. Lenders can be reputable and fair, and reverse mortgages can be appropriate if you know about the risks. With a reverse mortgage, the borrower gets in effect, a tax-free advance on their equity, as a line of credit, fixed monthly payments, or a lump sum. For many reverse mortgages, you must use the proceeds to pay off your existing mortgage. The remainder of the loan comes due when the owner moves, sells the house, or passes away.

As AARP’s recent article entitled “Reverse Mortgage Scams” explains, reverse mortgages are available to homeowners age 62 and over. Reverse mortgages are complicated, and they can be risky. Scammers try to take advantage of this complexity to entice older homeowners into fraudulent deals. They market reverse mortgages to seniors as “investment seminars” and as the solution for financial issues. These fraudsters also claim that they provide “free” income or a way to delay filing for Social Security.

A team of crooks may include unethical mortgage brokers or financial advisers, who work with corrupt appraisers, attorneys and loan officers. They present an inflated appraisal of a home’s value to the senior. This inflates the equity and the potential loan, then they try to get the owner to take out a reverse mortgage. The team will do the paperwork, close the loan and come up with an excuse to get the money or even take title to the house.

These fraudsters might try to sell you on a purported can’t-miss investment or financial product. Some scammers prey on financially strapped homeowners, saying that a reverse mortgage can help them avoid foreclosure or get out of debt. They will charge fees up to thousands of dollars to provide info about reverse mortgages that is actually available for free from the federal government.

Other convoluted cons use reverse mortgages as a way to conceal property flipping. These scammers will buy a rundown house and crate bogus documents to make the dump look more valuable. They’ll find a senior to purchase it using a type of reverse mortgage that can be put toward a home purchase, or offer it as a “free home,” in which they transfer the title for little or no money, if the target agrees to get a reverse mortgage. When the deal’s settled, the crooks take the loan money and the victims are left with the shack.

The best advice? If it sounds too good to be true, it probably isn’t. Talk to an elder lawyer if you aren’t sure.

Here are some warning signs. Watch out for a broker or lender who uses high-pressure tactics to try to talk you into a reverse mortgage. You should also avoid a salesperson who says the loan is safe because it is insured by the Federal Housing Administration (the FHA does insure some reverse mortgages, but that coverage does not protect the borrower only the lender in a default). It is also important to be beware, if they don’t disclose the fees, conditions and risks that are associated with a reverse mortgage, including the possible loss of your home, which serves as collateral.

Reference: AARP (December 2020) “Reverse Mortgage Scams”

Who Makes Money from Charlie and the Chocolate Factory?

January 17, 2021

The heartwarming drama is fictional, even though the two writers did once meet, says UK’s The Express in its recent article entitled “Roald Dahl inheritance: Who is raking in fortunes made from Dahl books & films?” Let’s find out who gets the income from Roald Dahl’s estate.

Roald was a mere lad and Beatrix was in her 60s, when the two authors briefly met one another. Dahl’s books and films are classics and are constantly being revamped and reimagined 30 years after his death.

But with Roald no longer around, who gets the money from his books and films? Roald died in 1990 at age 74 and was believed to have a net worth of $10 million.

The lion’s share of his income from films, books and merchandise is managed by his estate.

The latest data from Roald Dahl’s estate shows annual pre-tax profits of about $17 million in 2018.

This income is from television and film deals, theatrical performances, royalties, fancy-dress costumes and a line of baby toiletries.

On a personal note, a Broadway production of Charlie and the Chocolate Factory, based on Roald Dahl’s 1950’s British novel, opened in New York’s Lunt-Fontanne Theater in 2017, replacing my daughter’s Broadway debut show, Finding Neverland. The musical, Matilda, also based on a Dahl book, was running a block away. (But I digress!)

After Roald’s death, his widow Felicity inherited the majority of the $3.75 million he left in his will. This is worth nearly $6.75 million in today’s dollars.

Every year, fans commemorate Roald Dahl Day to celebrate his stories and their characters. Held on the anniversary of his birth—September 13—his books, films and characters are celebrated.

The author spent four hours every day writing stories from his garden shed. In all, Roald wrote at least 36 books, including James and the Giant Peach, Matilda, The Twits and Fantastic Mr. Fox. His works continue to be popular for film and stage adaptations.

A new version of The Witches, starring Anne Hathaway, was released earlier this year, while Hollywood stars including Johnny Depp, Mark Rylance and Danny DeVito have all appeared in film versions of his stories.

Reference: The Express (UK) (Dec. 12, 2020) “Roald Dahl inheritance: Who is raking in fortunes made from Dahl books & films?”

Estate Planning Is Best When Personalized

January 14, 2021

Just as a custom-tailored suit fits better than one off the rack, a custom-tailored estate plan works better for families. Making sure assets pass to the right person is more likely to occur when documents are created just for you, advises the article “Tailoring estate to specific needs leads to better plans” from the Cleveland Jewish News.

The most obvious example is a family with a special needs member. Generic estate planning documents typically will not suit that family’s estate planning.

Every state has its own laws about distributing property and money owned by a person at their death, in cases where people don’t have a will. Relying on state law instead of a will is a risky move that can lead to people you may not even know inheriting your entire estate.

In the absence of an estate plan in Virginia, the Circuit Court makes decisions about who will administer the estate and the distribution of property. Without a named executor, the court will appoint a local attorney to take on this responsibility. An appointed attorney who has never met the decedent and doesn’t know the family won’t have the insights to follow the decedent’s wishes.

The same risks can occur with online will templates. Their use often results in families needing to retain an estate planning attorney to fix the mistakes caused by their use. Online wills may not be valid in your state or may lead to unintended consequences. Saving a few dollars now could end up costing your family thousands to clean up the mess.

Estate plans are different for each person because every person and every family are different. Estate plan templates may not account for any of your wishes.

Generic plans are very limited. An estate plan custom created for you takes into consideration your family dynamics, how your individual beneficiaries will be treated and expresses your wishes for your family after you have passed.

Generic estate plans also don’t reflect the complicated families of today. Some people have family members they do not want to inherit anything. Disinheriting someone successfully is not as easy as leaving them out of the will or leaving them a small token amount.

Ensuring that your wishes are followed and that your will is not easily challenged takes the special skills of an experienced estate planning attorney.

Reference: Cleveland Jewish News (Dec. 9, 2020) “Tailoring estate to specific needs leads to better plans”

How Can Blended Families Use Estate Planning to Protect All of the Siblings?

January 13, 2021

If two adult children in a blended family receive a lot more financial help from their parent and stepparents than other children, there may be expectations that the parent’s estate plan will structured to address any unequal distributions. This unique circumstance requires a unique solution, as explained in the article “Estate Planning: A Trust Can Be Used to Protect Blended Families” from Colorado’s The Daily Sentinel. Blended families in which adult children and stepchildren have grandchildren also require unique estate planning.

Blended families face the question of what happens if one parent dies and the surviving step parent remarries. If the deceased spouse’s estate was given to the surviving step parent, will those assets be used to benefit the deceased spouse’s children, or will the new spouse and their children be the sole beneficiaries?

In a perfect world, all children would be treated equally, and assets would flow to the right heirs. However, that does not always happen. There are many cases where the best of intentions is clear to all, but the death of the first spouse in a blended marriage change everything.

Other events occur that change how the deceased’s estate is distributed. If the surviving step-spouse suffers from Alzheimer’s or experiences another serious disease, their judgement may become impaired.

All of these are risks that can be avoided, if proper estate planning is done by both parents while they are still well and living. Chief among these is a trust, because a simple will can never provide the level of control of assets needed in this situation. Don’t leave this to chance—there’s no way to know how things will work out.

A trust can be created, so the spouse will have access to assets while they are living. When they pass, the remainder of the trust can be distributed to the childr

If a family that has helped out two children more than others, as mentioned above, the relationships between the siblings that took time to establish need to be addressed, while the parents are still living. This can be done with a gifting strategy, where children who felt their needs were being overlooked may receive gifts of any size that might be appropriate, to stem any feelings of resentment. Life insurance may be one tool to bring about an equalization.

That is not to say that parents need to use their estate to satisfy their children’s expectations. However, in the case of the family above, it is a reasonable solution for that particular family and their dynamics.

A good estate plan addresses the parent’s needs and takes the children’s needs into consideration. Every parent needs to address their children’s unique needs and be able to distinguish their needs from wants. A gifting strategy, trusts and other estate planning tools can be explored in a consultation with an experienced estate planning attorney, who creates estate plans specific to the unique needs of each family.

Reference: The Daily Sentinel (Dec. 16, 2020) “Estate Planning: A Trust Can Be Used to Protect Blended Families”

What Kind of Estate Planning Mistakes Do People Make?

January 12, 2021

Estate planning for any sized estate is an important responsibility to loved ones. Done correctly, it can help families flourish over generations, control how legacies are distributed and convey values from parents to children to grandchildren. However, a failed estate plan, says a recent article from Tidewater’s Suffolk News-Herald titled “Estate planning mistakes to avoid,” can create bitter divisions between family members, become an expensive burden and even add unnecessary stress to a time of intense grief.

Here are some errors to avoid:

This is not the time for do-it-yourself estate planning.

An unexpected example comes from the late Chief Justice Warren Burger. Yes, even justices make mistakes with estate planning! He wrote a 176 word will, which cost his heirs more than $450,000 in estate taxes and fees. A properly prepared will could have saved the family a huge amount of money, time and anxiety.

Don’t neglect to update your will or trust.

Life happens and relationships change. When a new person enters your life, whether by birth, adoption, marriage or other event, your estate planning wishes may change. The same goes for people departing your life. Death, divorce and tax law changes should also trigger an estate plan review.

Don’t be coy with heirs about your estate plan.

Heirs don’t need to know down to the penny what you intend to leave them but be wise enough to convey your purpose and intentions. If you are leaving more money to one child than to another, it would be a great kindness to the children’s relationship, if you explained why you are doing so. If you want your family to remain a family, share your thinking and your goals.

If there are certain possessions you know your family members value, making a list those items and who should get what. This will avoid family squabbles during a difficult time. Often it is not the money, but the sentimental items that cause family fights after a parent dies.

Understand what happens if you are not married to your partner.

Unmarried partners do not receive many of the estate tax breaks or other benefits of the law enjoyed by married couples. Unless you have an estate plan and a valid will in place, your partner will not be protected. Owning property jointly is just one part of an estate plan. Sit down with an experienced estate planning attorney to protect each other. The same applies to planning for incapacity. You will want to have a HIPAA release form and Power of Attorney for Health Care, so you are able to speak with each other’s medical providers.

Don’t neglect to fund a trust once it is created.

It’s easy to create a trust and it’s equally easy to forget to fund the trust. That means retitling assets that have been placed in the trust or adding enough assets to a trust, so it may function as designed. Failing to retitle assets has left many people with estate plans that did not work.

Please don’t be naive about caregivers with designs on your assets or relatives, who appear after long periods of estrangement.

It is not pleasant to consider that people in your life may not be interested in your well-being, but in your finances. However, this must remain front and center during the estate planning process. Elder financial abuse and scams are extremely common. Family members and seemingly devoted caregivers have often been found to have ulterior motives. Be smart enough to recognize when this occurs in your life.

Reference: Suffolk News-Herald (Dec. 15, 2020) “Estate planning mistakes to avoid”

What’s the Latest on the Zappos’ Founder’s Estate?

January 11, 2021

Judge Gloria Sturman granted the ex parte motion filed by the attorney representing Zappos’ Founder Tony’s Hsieh’s father Richard Hsieh and brother Andrew Hsieh to serve as co-special administrators and legal representatives for the estate of Hsieh, who seems to have died intestate (dying without a will).

Court filings show that the Zappos’ founder’s family wasn’t aware of a will or other estate planning documents to direct how to handle his financial assets after his death. Because he died without a will, no one can be absolutely sure what he intended.

KTNV’s recent article entitled “Judge awards Tony Hsieh’s father, brother administrative duties over massive wealth, estate,” reports that Tony Hsieh’s wealth could be as much as $1 billion with a variety of assets including real estate and other business dealings. As a result, figuring out Hsieh’s finances will be a time-consuming and complicated process.

The Hsieh family released a statement, part of which says that the hope to “carry on Tony’s legacy by spreading the tenets he lived by – finding joy through meaningful life experience, inspiring and helping others, and most of all, delivering happiness.”

Hsieh was described by some as eccentric, unconventional and wasn’t known for fitting into normal business customs. He lived in a 250 square-foot travel trailer in downtown Las Vegas and had a pet alpaca named Marley and pet chickens. The billionaire internet mogul, during a 2015 interview, remarked that he owned just four pairs of shoes—despite running a company that sold millions of pairs.

In August, Hsieh abruptly left Zappos, the company he oversaw for more than 20 years. Reports say he bought millions in real estate in Park City, Utah around that time, which was seen as peculiar, even for Hsieh, who said he believed more in “experiences” than owning physical items or property.

There were signs of substance abuse.

The fire that caused his death is under investigation in New London, CT. Fire authorities there say they were called to a home at 3:30 a.m. on November 18. Initial reports were that a person was barricaded inside a shed on the property. Dispatch audio says that Hsieh was locked inside, and firefighters found him unconscious.

Reference: KTNV (Dec. 3, 2020) “Judge awards Tony Hsieh’s father, brother administrative duties over massive wealth, estate”

Elder Financial Abuse on the Rise during Pandemic

January 1, 2021

The same isolation that is keeping seniors safe during the pandemic is also making them easier targets for scammers, reports WKYC in a news report “Northeast Ohio family warns of elder financial exploitation during the pandemic.” While this report concerns a family in Ohio, seniors and families across the country are facing the same challenges.

Two brothers enjoyed spending their time together throughout their lives. However, for the last three years, one of them, Michael Pekar, has been trying to undo a neighbor’s theft of his brother Ronnie’s estate. A few months before Ronnie died from cancer, a neighbor got involved with his finances, gained Power of Attorney and began stealing Ronnie’s life savings.

The money, more than a million dollars, had been saved for the sons by their mother. Pekar went to see an attorney, who helped uncover a sum of about $1.6 million that had been transferred from Ronnie into other accounts. A civil complaint was filed against the woman and $700,000 was eventually recovered, but nearly $1 million will never be recovered.

How can you prevent this from happening to your loved ones, especially those who are isolated during the COVID-19 pandemic?

An elderly person who is isolated is vulnerable. Long stretches of time without family contact make them eager for human connection. If someone new suddenly inserts themselves into your loved one’s life, consider it a red flag. Are new people taking over tasks of bill paying, or driving them to a bank, lawyer, or financial professional’s office? It might start out as a genuine offer of help but may not end that way, elder lawyers say.

The possible financial abuser does not have to be a stranger. In most cases, family members, like nieces, nephews or other relatives, prey on the isolated elderly person. The red flag is a sudden interest that was never there before.

Changes to legal or financial documents are a warning sign, especially if those documents have gone missing. Unexpected trips to attorneys you don’t know or switching financial advisors without discussing changes with children are another sign that something is happening. So are changes to email addresses and phone numbers. If your elderly aunt who calls every Thursday at 3 pm stops calling, or you can’t reach her, someone may be controlling her communications.

According to the CDC, about one in ten adults over age 60 are abused, neglected, or financially exploited.

Be sure to check in more frequently on elderly family members during the pandemic because increased isolation can lead them to rely on others, making them vulnerable to abuse.

Reference: WKYC (Nov. 19, 2020) “Northeast Ohio family warns of elder financial exploitation during the pandemic.”

The New Orleans woman who fought the longest court battle in US history

December 31, 2020

In an 1850 pamphlet summarizing the ongoing estate litigation of a New Orleans woman, Myra Clark Gaines, journalist Alexander Walker wrote, “The wildest romance ever written, could not contain a greater variety of strange incidents, more affecting details, more strongly marked characters, a more constant succession of stirring events, and stronger exhibitions of folly, intrigue, deception and crime.” If we ever needed a reminder that it is best to keep your estate out of probate and the courts, a story from NOLA’s The New Orleans Collection in 2020 was it.

Walker’s report was published less than a third of the way through the marathon case, a 57-year estate battle involving hidden paternity, a destroyed will, and a multimillion-dollar fortune. The case touched all levels of the judicial system and appeared before the United States Supreme Court a total of 17 times. It remains the longest continuous litigation in the history of the country. The legal fight was covered extensively over the decades, granting Gaines a public platform that she used to advocate for women’s rights and suffrage.

The Gaines case is a real-life American equivalent of Jarndyce v Jarndyce, a fictional court case in Charles Dickens’ Bleak House (1852–53), which progressed at a wounded snail’s pace in the English Court of Chancery. The case is a central plot device in the novel and has become a byword for seemingly interminable legal proceedings.

Make it a New Year’s resolution to protect your family from “interminable legal proceedings” by updating your estate plan, and talk with an estate planning attorney about ways you can do just that, especially with a revocable living trust.

Happy 2020. And to read about the unfortunate, if ultimately successful Mrs. Gaines, check out the NOLA historical tale here:

https://www.hnoc.org/publications/first-draft/new-orleans-woman-who-fought-longest-court-battle-us-history?button&utm_source=wordfly&utm_medium=email&utm_campaign=FirstDraft2020EOYRound-Up&utm_content=version_A&promo=

Richmond Virginia Estate Planning, Elder Law, And Asset Protection

Do I Assume My Parents’ Timeshare when They Die?

How to Plan for ‘Black Sheep’ Kid in Will

What Should I Know about Reverse Mortgage Scams?

Who Makes Money from Charlie and the Chocolate Factory?

Estate Planning Is Best When Personalized

How Can Blended Families Use Estate Planning to Protect All of the Siblings?

What Kind of Estate Planning Mistakes Do People Make?

What’s the Latest on the Zappos’ Founder’s Estate?

Elder Financial Abuse on the Rise during Pandemic

The New Orleans woman who fought the longest court battle in US history

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