Executors - What you need to know.

I had a question about the role of the Executor. My client wanted to make the right selection among their children. I did advise them that anyone could be selected for the role. You are not limited to family members, professionals or an institution.

Under the law, the Executor has all the necessary powers to administer the estate upon ones death. This would involve gathering up the assets (opening up an estate account) and making the distributions in accordance with the Will provisions. The Executor makes sure the debts and inheritance taxes and final taxes are paid before beneficiaries receive any assets. The Executor's role ends at the completion of administration of the estate.

If there is no Will, the court then appoints an Administrator who has the same role and responsibility as the Executor.

Contact us at www.ythlaw.com for your estate planning, probate and elder law needs.

When Your Family Lets You Down

One thing, among many, my practice has taught me is all that you have control over is yourself. You really do not control, try as we might, your spouse, your children, your other family members or your friends. You only get frustrated and stressed out the more that you try.

On a daily basis, I talk with my clients about those they want to pick to serve in roles like agent, executor or even guardian. I encourage them to take those that they intend to select as they are NOW. Do not think that they might change over time to become what you want. For example, if they are not at a place NOW where you would want them to be to serve as guardian of your children, then do not select them. We can not predict the future, good or bad. All of the selections made during the estate planning process are addressed as of today. We can always make changes in the future as circumstances change. Your plan is not a static document, it evolves.

Let us help you plan correctly. Contact us at http://www.ythlaw.com/ for all your probate and estate planning needs.

Estate Planning Mistakes - Number Thirteen

Do not appoint the wrong Trustee. A Trustee is a person or institution that manages assets placed in a Trust for the benefit of named beneficiaries. Unlike an Executor whose role ends after probate has been finalized, the Trustee's role continues for the term of the Trust which could be for a period years or until the assets have all been expended.

In order to remove a Trustee, the Court must believe that removal would be in the best interest of the beneficiaries and would not be inconsistent with the material purpose of the trust. Further, a Trustee can be removed if a serious breach of trust has been committed by the Trustee; there has been a substantial change of circumstances; incompetence of the Trustee; and any other violation which can be presented and substantiated before the Court.

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Estate Planning Mistakes - Number Twelve

Do not appoint the wrong Executor. An Executor is the person who handles assets and other matters when a person dies. Generally one might name the surviving spouse as the primary Executor and an older child (at least 18 years old) as the alternate Executor.

You want the assets of the estate protected. Make sure your Executor either has experience or knows how to hire the right professionals to assist with taking care of the assets. It is not always wise to name an institution unless you understand the fee structure and give an individual the authority to hire and fire institutions to manage your estate.

Contact us at http://www.ythlaw.com/ for expert legal and estate planning advice.

Estate Planning Mistakes - Number Nine

Do not make the mistake of not providing adequate powers to your Executor. In order to properly administer the estate, your Executor should be able to handle the affairs of your estate without court approval. It is not efficient to have the court approve every or even most aspects of the administration of your estate. There would be significant delay.

You want expert advise when it comes to preparing your Will and other estate planning documents. Contact us at

Estate Planning Mistakes - Number Five

I can not tell you how many Wills did not adequately identify the property to be given. This provides for further disputes among family members. You want to be specific in your bequest. For example, provide the account number; give the property address or legal description on the Deed; provide the license number or registration. You want to catalogue art work and reference the appropriate catalogue number for distribution.

You can assist your Executor if you leave a memorandum with your Will that is precise regarding the gift. And finally, as a savings provision, let your Executor make final decisions in any dispute.

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Who Will Serve As the Executor of Your Estate?

Getting your affairs in order is such an important action for all of us. However, most of us procrastinate or do not make planning for this eventuality a priority. So, I thought I would do a series on things that might motivate us to action. Last week, we addressed children or birth of a child as a motivator to act.

This week we look at the opposite of birth, death, as a motivator to action. The realization of our mortality can be incentive enough to get out affairs in order. Your assets can be wasted if you fail to choose an Executor and your family can not work together. It happens. So, why wait? Do not Procrasinate.

Don't let time run out on you.

Sometimes 2 Heads Are NOT Better than One - The Executors Dilemma

Are you an Executor of an estate? Do you share that role with another person? Well, it can all get so complicated if you do not get advice up front. Here are some tips for you:

1. You can hire and fire the attorney you hire for the estate. Determine what your fee arrangement was and proceed accordingly. Any fees incurred would have to be paid but you do not have to continue with the same attorney.

2. All executors have to agree on the estate attorney. One executor can not make that selection. If Executors can not agree that could result in court action to protect the estate from ineffective executors. An estate can be almost depleted if not totally if internal fights results. If unjustified, executors could be liable for waste.

3. All executors have to act together. Both or how ever many executors there are have to appear to be sworn as executors. Action on the estate can not occur until this is done.

My advice is to think twice before you make more than one person executor of your estate. If you must name more than one then give one power to decide any disagreement. Need more help, contact me at www.ythlaw.com

Can I Get A Will?

Today, we discuss the most important document in the estate plan. It is the Will.

Your Will provides for the care of minor children by establihsing guardianship. It dictates how you want your remaining assets divided among your heirs. You also name an executor to oversee the distribution of assets and pay any taxes, debts or other obligations that are due.

A simple matter to handle but unfortunately many fail to take that step. Can I Get A Will? Yes, you can!!! Contact our offices today at www.ythlaw.com

Probate - Estate Administration

If you are the executor or administrator of an estate, remember the following when closing out the estate:

1. Make sure all deeds are properly titled to the beneficiary/ies.
2. Make sure all final forms are submitted to register of wills, including final status report; any formal accounting; or family settlement agreement.
3. Make sure final approvals are obtained regarding inheritance tax filings.
4. Make sure you close out the estate account after everything is finalized.

This is a helpful checklist of things that often get overlooked. However, it would be to your benefit to consult with a professional probate attorney. We have that expertise. Contact us at www.ythlaw.com

You can be Sued As an Executor

It is important that everyone has a will so that you can name the executor over your estate. You need to ask the person you want to name whether they wish to serve. The role of executor is very important. They must make sure the distribution of your estate is done in accordance with your wishes and the requirements under the law. There are time frames that have to be met; forms that have to be filed; taxes that have to be paid; and, decision that you may leave up to the executor in your will, ie. who gets what household items, etc.

If anyone feels the executor is not performing, they can bring a legal action, ie. sue the executor. So, your executor may have to defend their actions before the court. Everyone should understand the potential risks associated with being an executor. The person making the will should pick wisely and the person agreeing to serve should understand their fiduciary role.

Contact us if you are serving as an executor. We can help you avoid litigation.

Olympics - Loss and Lessons

Your original will is required for probate so it must be maintained in a safe place. The three options I share with my clients is (1) a safe at home that is fire proof (2) a safety deposit box (3) my firm's safe. Choose one location and advise your executor.

When Olympic sprinter Florence Griffith Joyner died at 38, in 1998, her husband couldn't find her original will, and failed to file it with the probate court within 30 days of her death, as required by California law. Joyner's husband and mother took disputes, including whether Joyner promised her mother could live in their house the rest of her life, to court. Joyner never filed the original will, and the judge eventually appointed a third party to administer the estate.

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Selecting Your Executor - Be Extremely Careful

Your executor serves a critical role in making sure your estate benefits those individuals you intended to be benefitted. First, they have to be someone you trust. Secondly, it should be a trusted person who has the ability to get the job done or know how to hire and oversee qualified professionals. You do not want your executor to be a spendthrift because if they can not handle their money, they probably will not be able to properly handle yours.

Tobacco heiress Doris Duke, who died in 1993 with a fortune estimated at $1.3 billion, named her butler as executor and as trustee for a huge charitable foundation. After the butler's lifestyle and spending habits were called into question, he was removed from his duties by a probate judge, then reinstated by New York's highest court. A settlement agreement created a board of trustees to manage the foundation.

She may have trusted her butler but apparently his lifestyle was not conducive to being a trusted executor. Leave your comments here or contact us at www.ythlaw.com

Thanksgiving - An Estate Planning Moment

Hope you had a wonderful and enjoyable Thanksgiving. This is the Holiday when families gather around the table and enjoy lots of home cooked specialty dishes. During the preparation, with parents passing along traditions to their children and grandparents sharing family stories and anedotes, is the time to discuss the family legacy and how it can be passed on.

Yes, Thanksgiving is an estate planning moment. All of the important people are generally present to ask whether they can serve important roles in your estate plan. Your executor, your trustee, the guardian of your children when you die are sitting right next to you at the dinner table. Your agent to assist during any incapacity is carving the turkey.

Why not check this to do off of your list at Thanksgiving? You and your family will be glad you did. Leave your comments here or contact us at http://www.ythlaw.com/

Who controls your Facebook page when you die?

Sometimes I ask questions that I want an answer to. In the case of social media and estate planning, I find it really intriguing the questions that can be raised and how many of them will have no answers. Social networks are so new that we will be making new laws as we get more and more into this new form of interaction.

Well, I did research our question posed yesterday regarding Facebook. What happens when you die? Per Facebook's policy for deceased users, they memorialize the deceased person's account. This removes certain more sensitive information and sets privacy so that only confirmed friends can see the profile or find the person in search. The Wall remains so that friends and family can leave posts in remembrance.

Now that sounds all well and good but what if your family or friends want to remove your information. Should they not have the right? Who is in a better position to decide, Facebook or the family? In my legal opinion it would be the executor or administrator of the estate who should make that call. They are the ones in charge once you die. You can even make that call more directly by providing for your social media activity in your Will. What do you want to happen, now that I have you thinking about it? It's your call!

Leave your comments here or contact us at http://www.ythlaw.com/

Mistakes to Avoid in Estate Planning

We continue today to recognize National Estate Planning Awareness Week which was last week. When I wrote Stop! What are you waiting for? Your Step-by-Step Guide to Estate Planning, I wanted to make more people aware of what the estate planning process entailed so that more people would be encourage to plan, now.

Here are some common mistakes that we all can avoid with a little awareness:

•Lack of signatures. A will must be properly signed and witnessed, with witnesses in the same room. If not, the will can be contested.
•The will can't be found. A will needs to be stored in an accessible place. Some put them into a safe-deposit box. Another suggestion is to keep it at home in a fireproof box with other important papers. You must make sure that the executor can obtain access to the document when needed.
•Multiple copies. You may want to provide your executor with a copy of your will. But if you change it, you should be sure to destroy any original copies.
•Lack of specifics. Some people simply state they wish to leave their entire estate to their children. If there are adopted or stepchildren, it becomes more important to name or define children.
•Choosing the wrong executor. Relatives and friends are not necessarily the best trustees or executors. The right executor is someone who can be trusted, who can work well with others, who is intelligent and who is not afraid to ask for — or hire — help.

Leave your comments here or contact us at http://www.ythlaw.com/

Probate - Your Questions Answered

I address so many questions from clients going through the probate process. These questions are raised by beneficiaries under the will as well as executors. Here are a few with the answers.

(1) How do I know what I get under the will? The will is a public document. You can obtain a copy of the will from the register of wills if it the executor does not provide you with a copy.
(2) When do I receive my share? All debts must be paid prior to any distribution of assets to beneficiaries. This would include final funeral expenses, last medical expenses, taxes and all other debts. A notification placed in the paper regarding a death puts creditors on notice and gives them the opportunity to present their claim if it is not already known to the executor.
(3) Do I pay inheritance taxes on what I receive? Inheritance taxes must be paid. If the executor does not pay the taxes out of the estate, the beneficiary (the one receiving the asset) must pay the taxes. Since the executor is responsible for the complete administration of the estate, it would be prudent for the executor to make sure the inheritance taxes are paid prior to making distribution.
(4) How do I transfer real estate located in another state? This question is often raised by executors when the deceased person lived in one state and owned real estate in another state. If the property was owned jointly with rights of survivorship, then it would pass to the surviving owner without going through probate. However, if the person was the sole owner or was a joint owner (without rights of survivorship) then the real estate interest will pass through probate. The executor would have to open up probate in 2 states.
(5) How can I successfully challenge the will? A challenge to the will would have to be based upon its validity. Was it executed in accordance with the legal requirements in the state? Was the decedent of sound mind? Was the decedent under undue influence or duress? The evidence would have to support the allegations. It may be costly and it would delay any probate.

Post your question or contact us at www.ythlaw.com

Michael Jackson - Five Estate Planning Lessons

I thought I would check in at this point with estate planning lessons learned thus far from Michael Jackson's death. I am sure there will be more during what is the beginning of a long and complex estate planning saga:

FIRST, you must have a will that is up-to-date and valid.
SECOND, you must name the guardian of your minor children and address potential issues and challenges from a surviving parent who is not named as guardian.
THIRD, you must name the executors who will gather up and protect your assets and ensure distribution in accordance with your will.
FOURTH, you must provide for the distribution of your assets, but you are not required to provide for parents, siblings, an ex-wife, or other family members.
FIFTH, unlike a will, a trust, with all its terms and conditions, is not a public document.

Comment on what lessons you might have learned or contact us at www.ythlaw.com

If the will is valid, the named executor rules!

As I sit to write this morning, I reflect on the news coverage and stories since Michael Jackson's death. His memorial service will be today and so the focus may now just be on the musical and humanitarian legacy he leaves behind. Let's hope the other stories are put on hold for a couple of days.

In any event, I did want to speak on yesterday's findings relating to his will. I do agree with the judge that the administration of the estate should be turned over to the executors. Michael Jackson did name his executors in his will and his selection is what should control. The temporary administration of his estate was given to his mother but at that time Michael Jackson's will was not available. Whether the family agrees or not with Michael Jacksono's choice, the will controls.

So today if you should get a chance to see the memorial service, please share your reflections here with us or contact us at www.ythlaw.com

Witnesses to a Will

A question was posed to me regarding Michael Jackson's will. Apparently the named executors signed as witnesses to Michael Jackson's will. The copy of the will that I was able to obtain had the witnesses name and address covered up so I was unable to confirm who signed. Let's assume that the executors did sign as witnesses. Is that permissible? If not, would that invalidate the will?

Under Pennsylvania law, any competent individual can be a witness; the interest of such a witness does not disqualify, but does AFFECT CREDIBILITY. For that reason, if an individual has a BENEFICIARY interest in the will, the general practice is not to allow such individual to sign as a witness. A BENEFICIAY is someone who will receive an advantage/benefit under the will. Receiving any of the assets is clearly as advantage. Serving as the Executor, is that an advantage? Even if it is, it would not invalidate the will, at least not in Pennsylvania. We will see, in time, what the California law provides.

In any event, having the executors sign as witnesses does raise a question regarding the credibility of the executors to affirm that the person signing was of sound mind and not acting under duress or undue influence. Will this become an issue? Will the executors be able to establish credibility? Thanks for raising the question and let watch how this might play out.

Your comments are welcomed and encourage. Contact us at www.ythlaw.com