<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0">
    <channel>
        <title>Everyday Estate Planning</title>
        <link>http://www.estateplanninglawblawg.com/</link>
        <description></description>
        <language>en</language>
        <copyright>Copyright 2009</copyright>
        <lastBuildDate>Mon, 29 Jun 2009 16:19:45 -0800</lastBuildDate>
        <generator>http://www.sixapart.com/movabletype/</generator>
        <docs>http://www.rssboard.org/rss-specification</docs>
        
        <item>
            <title>Michael Jackson&apos;s Mother Granted Temporary Guardianship</title>
            <description><![CDATA[<p>Michael Jackson left behind a tangled financial web, sure to take many years and many lawsuits to sort out. But he also left behind three young children (aged 12, 11 and 7) and, apparently, no valid will (at least, one has not yet been submitted to the Los Angeles County Probate Court as of this post). <a href="http://news.yahoo.com/s/ap/20090629/ap_on_en_mu/us_michael_jackson">Today, June 30, his mother, Katherine Jackson, has been appointed as their temporary guardian. Hearings will be held on July 6 and August 3rd to determine if she'll become their permanent guardian.</a></p>
<p>Since this (to put it mildly) is getting a lot of media attention, here's the legal background:</p>
<p>A guardian is in charge of a minor's care and custody, which means their food, clothing, shelter, education and medical needs. A guardian has to be appointed by a court order -- it's a kind of custody order really, granting someone other than a parent legal authority over a minor's care. If there's an emergency,&nbsp;a court can grant a&nbsp;temporary guardianship&nbsp;quickly.</p>
<p>But&nbsp;between now and the hearings, Katherine Jackson will have to do her best to find and notify Deborah Rowe, the mother of Jackson's two eldest children (his youngest was born to a surrogate mother who presumably waived any parental rights as part of the surrogacy).&nbsp; At the hearing, a judge will consider what would be in the best interest of Jackson's children. The notification of the children's mother is required in order to make sure that she has a chance to object to the guardianship at that hearing -- ordinarily, a parent has precedence over anyone else unless there are unusual circumstances, which abound here.</p>
<p>If Michael Jackson's will is found, and proved to be his valid last wishes, and the nominated guardian is not Katherine Jackson, the named person may contest the guardianship proceeding, too. But ultimately, it will be up to the judge to sort out the competing claims and decide what's best for the children.</p>
<p><a href="http://news.yahoo.com/s/ap/20090629/ap_on_en_mu/us_michael_jackson">It is reported that the petition also requested that Katherine Jackson be named the temporary guardian of the children's estate</a>,&nbsp; which means the person responsible for safeguarding Jackson's assets for the benefit of the children -- but this was rejected. AP also reports that Katherine Jackson has filed to be named the administrator of Jackson's estate -- the person who must inventory and appraise the estate's assets and manage them during what's likely to be a long and complicated probate proceeding.</p>]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/06/michael-jacksons-mother-grante.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/06/michael-jacksons-mother-grante.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Guardianship</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Trusts</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Wills</category>
            
            
            <pubDate>Mon, 29 Jun 2009 16:19:45 -0800</pubDate>
        </item>
        
        <item>
            <title>No Income Limits on Roth IRA Conversions as of January 1, 2010 </title>
            <description><![CDATA[<p>Part of the 2006 tax reconciliation bill is about to matter to many of us come January 1, 2010. It's sort of a good-news/bad-news deal -- but more good than bad for many. As of January 1, 2010, there will be no income limits for those who want to convert a traditional IRA to a Roth IRA. That's good because until that date, households with an adjusted gross income of more than $100,000 were barred from converting their IRAs to Roth IRAs and married spouses filing alone were barred regardless of their income.</p>
<p>Roth IRAs, for those of you in need of a quick review, are retirement savings accounts where you pay the income taxes due&nbsp;when you contribute to the account -- then, it grows virtually tax-free and your withdrawals are also tax-free (but you don't get the income tax deduction when you contribute the money).</p>
<p>So, for those of you whose traditional IRAs are now worth far less than they used to be worth (that's the bad news part), converting to a Roth IRA in 2010 could be a great idea: Since the account is now worth so much less, the taxes on the conversion will also be much less than they might have been, and if tax rates go up in the future, as many predict they will, you'll have already paid the taxes due on the account.</p>
<p>For a good article on the ins and outs of the new rules, see this <a href="http://finance.yahoo.com/focus-retirement/article/107222/Making-good-deal-retirement-even-better.html?mod=fidelity-readytoretire">article</a>&nbsp;from the <i>Wall Street Journal</i> online.</p>]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/06/as-of-january-1st-2010-no-inco.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/06/as-of-january-1st-2010-no-inco.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
            
            <pubDate>Tue, 23 Jun 2009 14:31:58 -0800</pubDate>
        </item>
        
        <item>
            <title>Fake Checks and Sucker Lists -- Scams</title>
            <description><![CDATA[From the <i><a href="http://online.wsj.com/article/SB124520056162621509.html?mod=googlenews_wsj">Wall Street Journal</a></i> comes a tale of how an elderly, well-educated man fell victim to fraudsters who lured him into writing checks for a variety of scams. In less than one year, he'd sent out $23,000 worth of checks -- despite repeated efforts on the part of his family to get local law enforcement and others involved. Finally, the victim granted his son a power of attorney to manage his finances -- but even then, he kept writing checks for scams.<br /><br />Scammers were extremely effective in gaining his trust, preying on his isolation to gain access to his confidential financial information. Worse, once he had gotten involved in a few of them, his name ended up on a "Sucker List" that was sold to other scammers, leading to an avalanche of other fraudulent offers. <br /><br />One scam, in particular, has gained in popularity: a fake check, purporting to be an advance payment for winnings to come. The victim cashes the check, sends the cash to the scammer, and then is on the hook when the check bounces a few days later.<br /><br />If your elderly relative is getting such calls and offers, here are some helpful tips from the article:<br /><br /><ul><li>Put their cell phone and landline on the FTC's Do Not Call Registry at <a href="https://www.donotcall.gov/">https://www.donotcall.gov/</a>.</li><li>Call the <a href="http://www.aarp.org/aarp/articles/want_to_fight_fraud.html">AARP's Fraud Fighter Call Center</a> at 1-800-646-2283.</li><li>Put scam mailings into an envelope and forward them to the Postal Inspector-Suspected Mail Fraud -- no postage is required.</li></ul>]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/06/fake-checks-and-sucker-listssc.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/06/fake-checks-and-sucker-listssc.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Debt</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Power of Attorney</category>
            
            
            <pubDate>Mon, 22 Jun 2009 12:01:43 -0800</pubDate>
        </item>
        
        <item>
            <title>10 Things to Know Before You Hire a Financial Planner</title>
            <description><![CDATA[<p>Estate planning and financial planning often go hand in hand. It makes a lot of sense to pay attention to what you've got when you're planning how to leave it responsibly to those you love. But it's a jungle out there when it comes to figuring out how to get the help you need.</p>
<p>Self-help&nbsp;is a great option, of course. But for those who want a real-live person to sit down, review your finances, and either make suggestions on what to do better or take over&nbsp; management of your assets, buyer beware. Financial planners are poorly regulated, poorly credentialed, and your remedies against a crooked one are few.</p>
<p><a href="http://www.smartmoney.com/Investing/Basics/10-Things-Your-Financial-Planner-Wont-Tell-You/?page=10"><i>SmartMoney</i> magazine</a> has a great article on how to be an informed consumer. Here are some of the highlights:</p>
<ul><li><strong>Find out how long the planner's been practicing</strong>. Better yet, ask them if they've passed the CFP (Certified Financial Planner) exam -- that's an exam that only 56,000 planners have passed out of the 650,000 folks out there who say they are financial planners.</li><li><strong>Notice if they are trying to give you advice or trying to sell you products. </strong>Stay away from those who are primarily selling products -- the odds are that they're steering you toward products that get them maximum compensation rather than those that will meet your needs best.</li><li><strong>Ask them if they are preparing your financial plan</strong> or hire outside consultants to do so.</li><li><strong>Find out how they are compensated</strong>. Are they fee-only or commission-based? It's not that one is necessarily better than another, but it's important to understand how they are being paid and to make sure that they will act in your, not their, best interests.</li><li><strong>Check with the SEC </strong>to see if they have received any complaints about the planner. <br /></li></ul>






]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/06/10-things-to-know-before-you-h.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/06/10-things-to-know-before-you-h.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
            
            <pubDate>Sun, 21 Jun 2009 17:35:49 -0800</pubDate>
        </item>
        
        <item>
            <title>Long Term Care Insurance Part of Kennedy Health Plan Proposal</title>
            <description><![CDATA[<p>The <a href="http://www.google.com/hostednews/ap/article/ALeqM5gap9wCaolRYguYQesA2i2Yr98yLgD98NLPT00">AP reports</a> that under Senator Kennedy's health care proposal, "Americans would be able to buy long-term care insurance from the government for $65 a month." People would enroll in the program during their working years. After five years of paying the premiums, they could receive benefits (worth not less than $50 per day)&nbsp;that would pay for a wide range of services designed to allow them to stay in their own homes and avoid moving into nursing homes.</p>
<p>The proposal is just one of many in the 651-page bill, which also includes changes to the way that health insurance is offered and taxed.</p>]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/06/long-term-care-insurance-part.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/06/long-term-care-insurance-part.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
            
            <pubDate>Fri, 12 Jun 2009 14:39:11 -0800</pubDate>
        </item>
        
        <item>
            <title>No Thanks, Dad -- Son Notifies Police of Stolen Art After Father&apos;s Death</title>
            <description><![CDATA[<p><a href="http://www.npr.org/templates/story/story.php?storyId=105218287">NPR reports</a> a story of interest to all of those who stand to inherit a collection of note from a parent. And it's a good reminder that you need to think about what you've inherited.</p>
<p>Collectibles dealer John Stasso amassed a large private collection worth millions, consisting&nbsp;of manuscripts, ancient books, artifacts, and antiquities that began with a trip to Italy in 1958. When his son, Joseph Sisto, realized that many of the artifacts had been illegally smuggled out of Italy, he confronted his father.&nbsp; When Joseph found out that his father had died, he immediately called the police. Two hours later, the FBI arrived, along with specialists who will inspect and return the artifacts to Italy, many of which hadn't been seen for a very long time.</p>
<p>"It's a huge relief," said Joseph, "because as much as I love my... family, this will also help them... They won't have to&nbsp;live with the oppression of thinking they have stolen or smuggled goods... It's sort of like trying to own a Mona Lisa in your house, you know."</p>]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/06/no-thanks-dad-son-notifies-pol.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/06/no-thanks-dad-son-notifies-pol.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
            
            <pubDate>Thu, 11 Jun 2009 14:26:20 -0800</pubDate>
        </item>
        
        <item>
            <title>Washington Woman First to Die Under State&apos;s Death with Dignity Law</title>
            <description><![CDATA[<p><a href="http://seattletimes.nwsource.com/html/localnews/2009253737_suicide23m0.html">
<span class="mt-enclosure mt-enclosure-image" style="display: inline;"></span></a>
</p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><a href="http://seattletimes.nwsource.com/html/localnews/2009253737_suicide23m0.html"><img class="mt-image-center" style="margin: 0px auto 20px; display: block; text-align: center;" alt="WA banner.jpg" src="http://www.estateplanninglawblawg.com/WA%20banner.jpg" width="228" height="168" /></a></span><a href="http://seattletimes.nwsource.com/html/localnews/2009253737_suicide23m0.html">The <i>Seattle Times</i> reported</a> on May 23, 2009,&nbsp;that Linda Fleming, a 66-year-old Washington state resident, became the first to die under Washington's Death With Dignity Law, enacted last year. Diagnosed with terminal pancreatic cancer, she choose to end her life before the increasing pain of her disease took away her ability to have the state of mind she wished to have at the end of her life.<br /><br />
<p>Family members, her beloved Chihuahua, Seri, and a physician were with her when she died, according to <a href="http://www.candcofwa.org/">Compassion &amp; Choices Washington</a>, the organization that sponsored the measure, which was adopted by Washington voters in November.</p>]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/06/washington-woman-first-to-die.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/06/washington-woman-first-to-die.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Assisted Suicide</category>
            
            
            <pubDate>Mon, 01 Jun 2009 12:02:11 -0800</pubDate>
        </item>
        
        <item>
            <title>Can You Probate a Copy of a Will?</title>
            <description><![CDATA[<p>This week, a woman called my office and asked if her father could submit a copy of a will to the probate court. An elderly friend of his had recently passed away; during her lifetime she had told her father several times that the will was located in a certain desk drawer. But when he went to look for it after she'd died, all he could find was a copy. No one could find the original.</p>
<p>Rules vary state to state, but generally, if all you can find is a copy of a will, you should still submit that to&nbsp;the probate court. The thing is, you'll have to prove to the court that this is the authentic last will of the person who died and that there wasn't some other original will floating around. To do so, you'll probably have to call witnesses who can testify about the circumstances under which the will was made and provide evidence that the will was never revoked.</p>
<p>None of that is easy -- or cheap. The easiest way to avoid leaving your heirs with this kind of hassle is to make sure you -- and a trusted family member or friend -- know where your original documents are and to keep them in a safe, and accessible, spot.</p>
]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/05/can-you-probate-a-copy-of-a-wi.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/05/can-you-probate-a-copy-of-a-wi.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Trusts</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Wills</category>
            
            
            <pubDate>Thu, 28 May 2009 21:33:03 -0800</pubDate>
        </item>
        
        <item>
            <title>Family Loans: Write Them Down</title>
            <description><![CDATA[<span class="mt-enclosure mt-enclosure-image" style="display: inline;"></span><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img class="mt-image-center" style="margin: 0px auto 20px; display: block; text-align: center;" alt="loan schedule.jpg" src="http://www.estateplanninglawblawg.com/loan%20schedule.jpg" width="425" height="282" /></span><p>These days, cash is king -- and some of us just don't have enough of it. If you need to borrow money from a family member to make it through until times are better, you're not alone. But, please, do everyone a favor and be formal about it. That means put the loan in writing, generating a payment schedule, and agreeing on an interest rate that's at least what the government has published (don't worry, it's really low right now). Here's a good <a href="http://www.smartmoney.com/personal-finance/debt/loans-among-family-members-9654/">overview</a>.</p>
<p>Why is this an estate planning issue? Because if you die unexpectedly, a loan that's been properly handled is much easier for your family to understand and take account of. It's hard enough to sort out family finances when there's been a death, but&nbsp;when important financial transactions have been handled with a nod and a wink, extremely messy situations can result.</p>
<p>Here are the basics: </p>
<ol>
<li>For any loan over $10,000, make sure you're charging at least the applicable federal rate for the loan. You can find that rate on the <a href="http://www.irs.gov/app/picklist/list/federalRates.html">IRS's website</a>.<br /></li>
<li>Write down the terms of the loan in a promissory note. <a href="http://www.nolo.com/product.cfm/ObjectID/3F202393-20B9-4E93-A14CD33DA9022D5B/213/208/">Here's a nifty one you can download instantly</a>.</li>
<li>Print out and follow a loan amortization schedule, so you know what the monthly payments will be. <a href="http://www.vertex42.com/ExcelTemplates/loan-amortization-schedule.html">This free program</a> will help you figure it out.<a href="http://www.vertex42.com/ExcelTemplates/loan-amortization-schedule.html"></a></li></ol>]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/05/family-loans-write-them-down.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/05/family-loans-write-them-down.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
            
            <pubDate>Mon, 25 May 2009 18:12:37 -0800</pubDate>
        </item>
        
        <item>
            <title>Estate Tax Update</title>
            <description><![CDATA[<span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img class="mt-image-center" style="margin: 0px auto 20px; display: block; text-align: center;" alt="capital dome.jpg" src="http://www.estateplanninglawblawg.com/capital%20dome.jpg" width="424" height="283" /></span>The current Congressional Budget Resolution includes a provision that will freeze the current estate tax exemption at current levels, allowing individuals to pass up to $3.5 million of their estate free of the estate tax. The resolution also freezes the maximum tax rate at 45%. Even if it passes, this provision expires after one year, leaving the future of the estate tax uncertain. Here's a link to a <a href="http://money.cnn.com/2009/05/18/pf/estate_plan.moneymag/?postversion=2009051811" track="on" linktype="link">great article</a> from <i>Money</i> magazine on rethinking your estate planning options, given the current economy and the uncertainty of future tax rates and exemptions. <br />]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/05/estate-tax-update.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/05/estate-tax-update.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Tax</category>
            
            
            <pubDate>Fri, 22 May 2009 17:05:15 -0800</pubDate>
        </item>
        
        <item>
            <title>Not Munchkins, too? Seems Over the Rainbow Somehow</title>
            <description><![CDATA[<span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="rainbow.JPG" src="http://www.estateplanninglawblawg.com/rainbow.JPG" class="mt-image-left" style="margin: 0pt 20px 20px 0pt; float: left;" width="401" height="299" /></span>In what's starting to seem like a series on the ways in which powers of attorney can cause heartache -- or worse, elder abuse -- comes a story out of <a href="http://www.thetimesonline.com/articles/2009/05/10/entertainment/entertainment/doc4a071b10579f0535248702.txt">St. Louis</a>. The heirs of one of the last surviving Munchkins from the film <i>The Wizard of Oz</i>, Mickey Carroll (real name, Michael Finocchiaro), are suing his caretaker, Linda Dodge, claiming that she and others took advantage of the actor in his final years.<br /><br />The heirs claim that Mr. Carroll, who died Thursday, May 7, signed powers of attorney transferring power over his property and health care decisions to Dodge when he was unable to understand what he was signing. They further claim that Dodge then kept him isolated, spent his assets, and kept the money that Carroll made from appearing at events.<br /><br />Dodge counters that the dispute is just a "family squabble" and that she took good care of Carroll.<br /> ]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/05/not-munchkins-too.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/05/not-munchkins-too.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Power of Attorney</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Trusts</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Wills</category>
            
            
            <pubDate>Wed, 13 May 2009 14:04:35 -0800</pubDate>
        </item>
        
        <item>
            <title>What to Do When You Move</title>
            <description><![CDATA[<span class="mt-enclosure mt-enclosure-image" style="display: inline;"></span>
<span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img class="mt-image-left" style="margin: 0px 20px 20px 0px; float: left;" alt="moving van.jpg" src="http://www.estateplanninglawblawg.com/moving%20van.jpg" width="425" height="282" /></span><br />People often ask me what to do with their estate plans when they move to another state. Here's the answer: if you think you're going to be in that new state for a while, it makes sense to update your estate plan to reflect that state's laws. 
<p>It's not that your estate plan will be invalid in another state. With the exception of gay marriage (in some states), contracts&nbsp;signed in one state are valid in another.&nbsp;But it can create inconvenience for your heirs if they have to administer an estate under, say, California law, if a parent died while residing in Georgia -- especially if the kids live in Georgia too.</p>
<p>Also, powers of attorney, which are important legal documents granting another person the right to act on your behalf with respect to property and health care, are created by state law, and your rights, especially with respect to health care decisions, vary from state to state. For that reason, and additionally because banks and doctors like working with forms that they know, it's a good idea to at least create new powers of attorney if you move to a new state.</p>]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/05/what-to-do-when-you-move.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/05/what-to-do-when-you-move.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Power of Attorney</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Trusts</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Wills</category>
            
            
            <pubDate>Wed, 06 May 2009 14:39:16 -0800</pubDate>
        </item>
        
        <item>
            <title>Powers of Attorney: Another Sad Tale</title>
            <description><![CDATA[<p>
</p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img class="mt-image-left" style="margin: 0px 20px 20px 0px; float: left;" alt="blankcheck.jpg" src="http://www.estateplanninglawblawg.com/blankcheck.jpg" width="425" height="282" /></span>The <a href="http://seattletimes.nwsource.com/html/localnews/2009170892_webtheft04m.html"><i>Seattle Times</i> reports today</a> that a man stands accused of systematically draining his 93-year old mother's bank accounts, racking up charges on her credit card, and mortgaging her paid-off condo. All <strong><em>after </em></strong>his mother had had been hospitalized following a stroke.<br /><br />While she was in a nursing home, he was, the prosecutors allege, spending her money on trips to casinos, country clubs, tanning salons, and his own health insurance, while leaving her nursing home bills unpaid.<br /><br />How did he pull this off? Simple: She'd named him as her agent under a durable power of attorney the week before her stroke. With it he was supposed to be making sure that she was well-taken care of. But because that document gave him access to all of her accounts and no one was watching over how he used that authority -- allowing a nursing home bill of $37,000 remain unpaid -- he was able to, or rather stands accused of being able to, use that money for himself instead.<br /><br />And the moral to this sad story? Be careful who you name to act on your behalf in the event of your incapacity. You really are giving that person a blank check.]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/05/powers-of-attorney-another-sad.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/05/powers-of-attorney-another-sad.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Power of Attorney</category>
            
            
            <pubDate>Mon, 04 May 2009 14:06:41 -0800</pubDate>
        </item>
        
        <item>
            <title>Life Insurance: Big Bang for your Estate Planning Buck</title>
            <description><![CDATA[Before I had kids, I thought that life insurance was a boring thing that only other people had to think about. But I was wrong about that. Turns out that life insurance is actually one of those old-fashioned financial products that makes a ton of sense. (Believe it or not, some of them actually do.)<br /><br />Of course, there are lots of complicated life insurance products out there, too, but for estate planning purposes, <b>term insurance</b> makes the most sense.<br /><br />Here's how it works: You sign a contract with a life insurance company. You agree to pay them a monthly premium and they agree to pay your beneficiaries a certain amount if you die during the term of the contract. That way, if you get hit by a bus unexpectedly, your loved ones will be provided for.<br /><br />A twenty-year term policy is perfect for families with young children. You'll lock in a low premium rate for the entire twenty years. And in these days of job insecurity, having a policy outside of whatever your employer offers is a good idea -- even if you do get laid off, you'll still have a policy in place to make sure your family enjoys financial security.<br /><br />And term insurance is surprisingly inexpensive. The insurance company is betting that you're likely to survive the term of the policy, so their premiums are generally lower than insurance that lasts your entire life (which is sure to be paid out in the end). The younger you are, the less it will cost, so don't put it off for better times.<br /><br />The <i><a href="http://www.nytimes.com/2009/04/28/your-money/life-and-disability-insurance/lifeinsureprimer.html?_r=1&amp;pagewanted=2&amp;ref=your-money">New York Times</a></i> just published a great overview of insurance that you can read to learn more. The <a href="http://www.fool.com/insurancecenter/life/life.htm?terms=life+insurance&amp;vstest=search_042607_linkdefault">Motley Foo</a>l has a lot of helpful calculators to help you figure out how much to buy. And to compare rates online, <a href="http://www.term4sale.com/">term4sale.com</a> makes it easy to type in your zip code, age, and health history to get an idea of what your policy is likely cost. ]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/05/life-insurance-big-bang-for-yo.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/05/life-insurance-big-bang-for-yo.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Life Insurance</category>
            
            
            <pubDate>Fri, 01 May 2009 16:15:40 -0800</pubDate>
        </item>
        
        <item>
            <title>Ms. Astor Regrets -- It Can Happen in the Best of Families</title>
            <description><![CDATA[<p>This week in New York a trial opened in which, <a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/04/27/AR2009042701990.html?hpid=sec-nation">Anthony Marshall</a>,&nbsp;the son of famous socialite Brooke Astor, who died in 2007 at the age of 105, stands accused of exploiting his mother's diminished capacity to steal cash and property worth a whopping $198 million.</p>
<p>The prosecution claims that Marshall, and co-defendant (and attorney) Francis X. Morrissey, had Ms. Astor sign papers and make changes to her will that increased Marshall's share of his mother's estate. In addition, Marshall stands accused of paying himself $500,000 a year as Astor's financial adviser and transferring her property to himself.</p>
<p>The case was prompted, <a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/04/27/AR2009042701990.html?hpid=sec-nation">the <i>Washington Post</i> reports</a>, by a court petition filed by Philip Marshall, Astor's grandson. The petition alleged that his father was robbing Astor and "neglecting her health and hygiene."</p>
<p>What can the rest of us learn from this mess? First, family members should pay close attention to their elders and make sure that they are comfortable, safe, and well-taken care of. Second, family members should carefully scrutinize the financial well-being of the elderly and question any suspicious transactions or property transfers. </p>
<p>If you suspect that someone is taking advantage of an elderly family member, find out how they've gained access to that person's finances. If your loved one still has capacity (the ability to understand what they're signing), they can make a responsible person their agent for finance using a <a href="http://www.nolo.com/article.cfm/ObjectID/8DB3E0EC-D6CA-4479-B3FA7E9174E0827A/">durable power of attorney for finances</a>. The agent can then block&nbsp;the evil-doer's access to the&nbsp;money. If an elderly person no longer has mental capacity, you'll have to go to court and petition to be named that person's <a href="http://www.nolo.com/article.cfm/ObjectID/B8AFEE68-961F-4EE5-AA3E6EFD9BAEF25B/">legal conservator or adult guardian</a> to protect their finances.&nbsp;</p>]]></description>
            <link>http://www.estateplanninglawblawg.com/2009/05/ms-astor-regretsit-can-happen.html</link>
            <guid>http://www.estateplanninglawblawg.com/2009/05/ms-astor-regretsit-can-happen.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Estate Planning Basics</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Trusts</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Wills</category>
            
            
            <pubDate>Fri, 01 May 2009 13:06:31 -0800</pubDate>
        </item>
        
    </channel>
</rss>
