Estate Planning Mistakes by Famous People

Many estate planning mistakes by famous people illustrate on a grand scale what applies to all of us; the need for an up-to-date, quality estate plan.

The instructions for the disposition and management of one’s estate at death through the use of wills, trusts, and other devices can cover almost about any topic you can think of. While the majority of instructions in estate planning concern finances, wills and trusts frequently guide decisions regarding health care, guardianships, business, education and even which heir gets the entire Barry Manilow record collection.

Born2Invest’s recent article entitled “The biggest estate planning blunders of all time” looks at a few colossal estate planning mistakes by the rich and famous.  Estate planning mistakes by famous people show you what can go wrong in the worst of ways.

Estate planning usually conjures up thoughts of drafting a will by an attorney. Although the cost of drafting an estate plan varies significantly based on location and complexity, it can range from a few hundred dollars to several thousand. Regardless of the cost, hiring an experienced estate planning attorney will save your family time, money and anguish after your death.

With that said, let’s take a look at some estate planning mistakes by famous people who simply didn’t get around to this very important task.

Ted Williams (Baseball Legend). When Ted died in 2002, he had one will that said his body should be cremated, and another that instructed he should be cryogenically frozen. As you can imagine, there was a fight among his children. This resulted in Ted’s decapitation (postmortem). Therefore, the Splendid Splinter, the greatest baseball hitter of all time, had his body and head frozen in Arizona at Alcor Life Extension Foundation.

Sonny Bono (Singer and Congressman). Sonny didn’t create a will. As a result, he passed away intestate. A lawsuit was initiated by ex-wife and singing star, Cher, to collect $1.6 million in unpaid alimony, along with a fraudulent claim by an illegitimate child (disproven by DNA testing), and Sonny’s widow, Mary.

Heath Ledger (Actor). Heath failed to revise his will after the birth of his daughter. At his death in 2003, his entire estate was split between his parents and sisters, but they agreed to give all the money to his daughter.

Philip Seymour Hoffman (Actor). The Oscar-winning actor also never updated his will after the birth of his two daughters. Since he wasn’t married to his then girlfriend, there was an approximate $12 million estate tax that was owed.

Joe Robbie (the owner of the NFL Miami Dolphins). Robbie had a substandard estate plan that contained a pour-over will and revocable inter vivos trust. This was designed to defer estate taxes until after the death of his wife. However, it didn’t work as planned. She demanded her “elective share” as spouse, 30% of the husband’s illiquid estate, which created a $47 million tax bill that could only be settled by selling off his football team. His 11 children also went to court to fight over his estate.

James Brown (Singer). The “Godfather of Soul” wasn’t around to witness the 12-year epic legal battle among several blended families over his estate.

Barry White (Singer). White died in 2003 in the middle of divorce proceedings. Legally speaking, he was still only separated from his wife. As a result, she got it all, instead of his current girlfriend and mother of nine kids.

There are many more famous people who posthumously became members of this dubious club. Their eligibility for membership was poor estate planning that resulted in unintended—and in some cases, tragic—consequences. Although many Americans can’t really identify with these mega-wealthy or public icons, they do have assets and families and friends, and everyone should expect to need an estate plan.  See here for ideas on how to do it properly https://galligan-law.com/a-will-is-the-way-to-have-your-wishes-followed/

The club of estate planning mistakes by famous people shows the rest of us the need for proactive professional planning. Be certain that you work with a qualified estate planning attorney, so that your estate plan doesn’t end up like the ones above.

Reference: Born2Invest (January 27, 2020) “The biggest estate planning blunders of all time”

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Creating an End of Life Checklist

Creating an end of life checklist including assets, personal information and locations of important documents will help your family act on your behalf.

Spend the energy, effort, and time now to consider your wishes, collect information and, most importantly, get everything down on paper, says In Maricopa’s recent article entitled “Make an end-of-life checklist.”

The article says that a list of all your assets and critical personal information in an end of life checklist is a guarantee that nothing is forgotten, missed, or lost. Estate planning attorneys can assist you and guide you through the process.  Our firm prepares Estate Planning Binders which include schedules to hold that exact information.  As described here https://galligan-law.com/not-a-little-black-book-but-a-big-blue-estate-planning-binder/  Especially in the age of computers, it’s critical to leave this information for fiduciaries in a way they can find it.  They’ll be glad you did.

Admittedly, it’s an unpleasant subject and a topic that you don’t want to discuss, and it can be a final gift to your family and loved ones.

When you work with an experienced estate planning attorney, you can add any specific instructions you want to make that are not already a part of your will or other estate planning documentation. Make certain that you appoint an executor, one you trust, who will carry out your wishes.

This isn’t a complete list, but consider including the following personal information in your end of life checklist: your name, birthday, and Social Security number, as well as the location of key documents and items, birth certificate, Social Security card, military discharge paperwork (if applicable), medical directives, ID cards, medical insurance cards, house and car keys and details about your burial plot.  Your attorney will give you copies of your estate planning documents, such as your will, trust, documents relating to trust funding, powers of attorney, medical powers of attorney and so on.

In addition, you need to let your family know about the sources of your income. This type of information should include specifics about pensions, retirement accounts, 401(k), or you 403(b) plan.  Be sure to include company and contact, as well as the account number, date of payment, document location, and when/how received.

You also need to include all medicine and medical equipment used and the location of these items.

And then double check the locations of the following items: bank documents, titles and deeds, credit cards, tax returns, trust and power of attorney, mortgage and loan, personal documents, types of insurance – life, health, auto, home, etc. It’s wise to add account numbers and contact information.

Another area you may want to consider is creating a list of online passwords, in printed form, in a secure place for your family or loved ones to use to access and monitor accounts.

Be sure to keep your End of Life Checklist in a secure place, such as a safe or safety deposit box because it has sensitive and private information. Having it in one place will help your family when the time comes to act on your behalf.

Reference: In Maricopa (Feb. 14, 2020) “Make an end-of-life checklist”

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Do I have to Pay the Estate’s Debt?

People often have debts when they pass away such as credit cards and medical bills, but family shouldn’t pay those debts themselves outside of the estate.

When a family is grieving after the death of a loved one, the last thing any of them wants to deal with is unpaid debts and debt collectors.  But, sooner or later creditors must be dealt with, and one of the first questions clients ask is whether they have to pay the estate’s debt.

nj.com’s recent article asks “Is mom liable for my dead father’s credit card debt?” The answer: generally, any unpaid debts are paid from the deceased person’s estate, which means from the estate’s assets only.  In fact, fair collection laws require debt collectors to let you know that you aren’t responsible for that debt.

In many states, family members, including the surviving spouse, typically aren’t required to pay the debts from their own assets, unless they co-signed on the account or loan.  In other words, if they would have been liable for the debt themselves, they are still responsible.  If the debt belongs to the decedent, such as a creditor card they used, then only the estate is responsible to pay the debt.  There are a few potential exceptions, such as the IRS collecting estate income from anyone who benefits from the estate, but not many.

All the stuff that a person owns at the time of death, including everything from money in the bank to their possessions to debts they owe, is called an estate. When the deceased person has debt, the executor of the estate will go through the probate process.  There is a lot more to this process, see here for a fuller description.  https://galligan-law.com/probate-dissolving-the-mystery/

During the probate process, all the deceased’s debts are paid off from the estate’s assets. Some assets—like retirement accounts, IRAs and life insurance proceeds—may pass outside of probate and aren’t included in the probate process. As a result, these assets may not be available to pay creditors. Other estate assets can be sold to pay off outstanding debts.

Now, this portion is very state specific sometimes with very specific requirements, so you should do it at the advice of an attorney.  A relative or the estate executor will typically notify any creditors, like credit card companies, when that person passes away. The creditor will then contact the executor about any balances due. Note: the creditor can’t add any additional fees, while the estate is being settled.  At this point, assuming there is enough money, the executor will pay the estate’s debt from estate assets.

If there’s not enough money in the estate to pay the estate’s debts, then the executor has a very important task.  Every state has an order of priority to satisfy debts such as administrative debts (attorney’s fees, accountant’s fees, court costs), priority debts and then general creditors.  Different states also have different rules about whether you have to satisfy one creditor to the exclusion of the other.  The executor, with the assistance of an attorney, should pay the estate’s debt according to that order of priority.  The executor and the heirs aren’t responsible for these debts and shouldn’t pay them. Unlike some debts, like a mortgage or a car loan, most debts aren’t secured. Therefore, the credit card company may need to write off that debt as a loss.  As an aside, there might be an opportunity to settle or negotiate debts on this basis, though there are tax implications to the estate for writing off the debt.

If your loved one passes away with debt, don’t pay it.  Talk with an attorney about opening an estate for that deceased loved one and discuss how or whether to pay the estate’s debts.

Reference: nj.com (Jan. 15, 2020) “Is mom liable for my dead father’s credit card debt?”

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