The Legacy of a Nation

This was shared with me so I pass it along to my blog colleagues, friends and family!

Go to this website and enter the amount you paid in Federal Taxes in 2010. See your “tax receipt” for how your tax dollars were spent. Be sure to “expand all” to see the detail in each category. Don’t forget to scroll to the bottom of the receipt to see your share of the federal debt.

For many Americans, the amount they pay in taxes is larger than any purchase they make during the year, but studies show they know almost nothing about where that money goes to. An electorate unschooled in basic budget facts is a major obstacle to controlling the nation’s deficit, not to mention addressing a host of economic and social problems. This website suggests that everyone who files a tax return receive a “taxpayer receipt.” This receipt would tell them to the penny what their taxes paid for based on the amount they paid in federal income taxes and FICA. It’s truly enlightening.

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

Who's Gonna Take Care of Fido?

Many people make plans with a friend or relative regarding the care of their pet after they die. However, a sure way to make sure your pet is covered is to make the pet's care a part of your Will. Even though a pet is legally considered property, you can leave money for your pet in a trust. You bequeath money into a trust with your pet as the beneficiary and a trustee named. A caregiver for your pet is also named. The trustee could be a friend or a relative or an institution willing to serve. Make sure all your loved ones are covered in the event of your death. Contact us at http://www.ythlaw.com/ for elder law, probate and estate planning needs.

To Be or Not To Be, That is Your Decision!!

You can dictate whether you want to be on life support. If your condition is terminal without any hope of recovery because you are in a permenant state of unconsciousness or in a vegetative state, your Living Will can speak for you. The Living Will is the fourth important document of your estate plan. It is also referred to has your Advance Healthcare Directive. You can let your family as well as medical professionals know your preference for life-sustaining treatment. Plan for those important decisions in your life. Contact our offices at http://www.ythlaw.com/ We can help you with Probate, Estate Planning and Elder Law.

For the Love of a Friend

"HEARTS FOR JAYLA" continues to garner lots of support but can always use more. Since her eye inquiry in 2009, Jayla has endured numerous surgury with the most recent one, April 13th. She is a phenomenal child with the spirit of a winner no matter what. You got to love her!!

There are a lot of people in her corner as demonstated by this most recent article. Her friend, Brett Hoffman (11 years old), is making a difference with his jewelry design for Jayla (10 years old). My marathon run could only have happened with the energy obtained from the charities I represented.

Contact us for your continued support of our charitable endeavors.

Business Succession Planning

Whether you are a mega corporation or a Mom and Pop operation, business succession planning is critical. Do not let your business go down the tubes because you fail to anticipate the next generation of business ownership. There are many scenarios a business owner may want to consider. The primary ones are: (1) Your children will inherit AND run the business. Have you talked to your children about their interest? Are they currently involved? Do they care about the business? Are some children more involved or interested than others? Take the time to answer these questions and plan accordingly. (2) Your children will inherit BUT others will run the business. Do you have an agreement in place with current or potential partners of your business? What are the expectations upon your death or your disability? How would your family be compensated for their interest in the business should you die? Take the time to answer these questions and plan accordingly. (3) You have a Key Employee or potential third party purchaser. Do you want to retire from the business and reap the benefits of your labor. Take the time to answer these questions and plan accordingly. Contact us at http://www.ythlaw.com/ for expert assistance with businses succession planning and other estate planning, probate and elder law needs.

Death of a Salesman

A young man was standing at the Pearly Gates wondering whether he would be allowed in. Just as he was about to turn away, the gate slowly opened and he cautiously stepped in. Before he could go further, a voice spoke clearly and loudly to him. "Are your affairs in order?" The voice asked. "I have no affairs to get in order" was the young man's reply. "Think again" said the voice. So the young man sat and pondered. "Ah ha", he exclaimed. "I hope my wife knows where the insurance policies are. I want to make sure the kids use the money I left for their college education. Who will take care of those payments I have been making for my mother's home care? What did I do with that special collection of baseball cards? They have really increased in value." "Young man you have some unfinished business. Now go back and get it done!" Right at that moment, the young man woke up. What a dream he thought. That day, he got his affairs in order. Unlike a dream, there is no second chance in death. Do not let it be too late for you to get your affairs in order. Contact us today at http://www.ythlaw.com/

Why You Need A Will

There is a pervasive belief that estate planning is only for those with wealth. This, however, could not be further from the truth. Most people own some type of property, whether it is a family home or bank account and most people have loved ones, children and spouse, that they want to take care of. Without a will, the state gets to decide how to distribute this property at death according to the state's intestacy laws. These laws generally leave the property to the surviving spouse and/or children. The problem with state intestacy laws, however, is that they are based on blood relation. They do not take into account the fact that many Americans have non-traditional families. For example, if a person has been married more than once with children and step-children from each marriage, has a civil union, domestic partnership or wishes to leave property to an unrelated person, then the intestacy laws will not carry out their final wishes. By preparing a basic will, an individual gets to control how their property is distributed. If they want to leave money to charity or create a trust to take care of a pet, they can do that. If they own a family business they want to see carried on rather than broken up, they can do that too with the right estate planning tools. There are many other things that can be done through estate planning. Contact us at www.ythlaw.com

Selling The Family Home, Oh My!!

We have a combination of rain and snow this morning, the first day of April. April showers bring May flowers. What does April snow bring? Well, let's wait and see. There are some things we have no control over. There are many that we do but we fail to act on them. I am in the middle of an estate matter with lots of family disharmony. We have a home that clearly needs to be sold but there was no Will providing those instructions. Since the 5 beneficiaries can not agree on selling the home, the court appointed Administrator will have to Petition the court to sell the property. More money coming out of the estate to pay the expense of filing the petition. In addition, since there was no Will and the beneficiaries did not agree on which one of them should be the Administrator, the court interceded and appointed its own Administrator, more money coming out of the estate. AND the only money that the estate has will be what comes from the sale of the house. SO, it appears that not only will the home no longer be in the family. The beneficiaries will get much less than they anticipated. We do have control in managing some things but only if we act while we can. Got a Will, if not contact us at http://www.ythlaw.com/ for estate planning, probate and elder laws matters.

Your "4" Essential Documents for Estate Planning

Most people do not know where to start when it comes to getting their affairs in order. That is what estate planning is, Getting Your Affairs In Order. The essential documents are (1) WILL; (2) LIVING WILL; (3) HEALTHCARE POWER OF ATTORNEY; and, (4) GENERAL POWER OF ATTORNEY. Each persons situation is different so you want these documents tailored to your specific circumstances. An estate planning attorney (one who specializes in this area) should be consulted. I, like many other professionals, will provide you with a free consultation so you know what to expect. You can also get my book Stop! What are you Waiting for? Your Step by Step Guide to Estate Planning. $24.99 but only $10 when you call my office for a free consultation. Contact us at http://www.ythlaw.com/

Will and a Codicil

I just addressed a question from a client. It pertained to making changes to their Will. You can update your Will by either getting a new one done or amending the old one. When you get a new Will, it revokes all prior Wills. However, you want to make sure you shred or otherwise effectively discard the old Will. You want to make sure no one gets the wrong Will at the time of your death. You can amend your prior Will by executing a Codicil which is an amendment to your current Will. You therefore MUST keep the current Will and keep the amendment, "Codicil", with that current Will. The Will and the Codicil MUST stay together. Otherwise, no one may know that you have made a change to your Will. Contact us at http://www.ythlaw.com/ for your estate planning and probate needs.

Geraldine Ferraro - A Legacy of Politics

My undergraduate degree was in Political Science. I have had an interest in politics since 7th grade when I ran for Treasurer of our Student Government Association. Though I was not successful in my very first bid, I did win the next year when I ran for President of our Student Government Association. So I watch with real interest when women bid for the highest offices in our country. Geraldine Ferraro's selection as Walter Mondale's Democratic running mate in the 1984 presidential election is part of her tremendous legacy, despite an unsuccessful campaign. Her vice presidential bid, the first for a woman on a major party ticket, emboldened women across the country to seek public office and helped lay the groundwork for Hillary Rodham Clinton's presidential candidacy in 2008 and John McCain's choice of his running mate, Sarah Palin, that year. You have created a legacy in your life's story. Let us help you preserve that legacy. Contact us at http://www.ythlaw.com/ for expert estate planning, estate administration and probate needs.

Twenty-Something And Loving Every Moment of It

Welcome to adulthood....at 18, (though you can not drink) you are no longer a child. I met with clients recently in their 30s and we discussed how when we first drank coffee we thought, "Now I am a real adult." Today, with Starbucks and everything else, the coffee drinking age is so much younger. In any event, the discussion today is when should you get your Powers of Attorney done. When you are 18, into your twenty-something and beyond, you should have these documents executed. If you should become incapacitated, (car accident, serious sports injury, some traumatic event), you need someone to take care of your financial affairs and health issues. Your medical information is private and you must designate who may have access to your medical information and confer with doctors. I know you are twenty-something and loving every moment of it, but take the time to cover yourself for the unexpected so you can get right back on track loving your 30s, 40s, and beyond. This is what you should know about Powers of Attorney. More and more people understand the importance of the power of attorney but have questions about the formalities. They ask does your agent sign the power of attorney when you do? If not, when does the agent sign? Does the agent have to sign before a notary? How do I take the authority away from the agent? These are all good questions and the responses follow: When does an agent sign the power of attorney? The agent does not have to sign at the time that you sign your power of attorney. The agent's signature does not have to be notarized only the maker. In fact, since you only intend for your agent to use the power of attorney when you are incapacitated, then it is at that time that the agent signs and dates the power of attorney. How do you revoke an agent's authority? You should maintain your original powers of attorney. If you no longer want a person to serve as your agent then the powers of attorneys should be destroyed and new ones entered into. If your agent has an original power of attorney, then you must get it back and destroy it. Otherwise, you have to notify any one who may rely on the power of attorney that you have revoked your agent's authority. ALWAYS appoint someone whom you trust. Springing Power of Attorney There is another type of power of attorney referred to as a Springing Power of Attorney. It can only be used if a doctor has certified your incapacity and such certification must be attached to the power of attorney for it to be effective. The Springing Power of Attorney is revoked once your regain capacity. Contact us at http://www.ythlaw.com/ for estate planning, probate and elder law needs.

Your Digital Legacy

With more and more people using social media and those who do on-line banking, shopping and even dating, we have created what I refer to as a digital legacy. What happens to this legacy of passwords, persona, and all types of data when we die? Does it live on? I suppose in a way it does. Like all things we have to take responsibility, while we are living, of how our digital legacy will be treated upon our death. Otherwise, it is the whim and whimsical fancy of those unknown folks handling cyberspace data. You do have a right to this information but like all things you must exert and protect your rights or lest they be taken away. How do you become empowered? Despite our increasingly data-intensive lives, the legal framework around our personal on-line data is still evolving. And you can be a part of the evolution. I recently read about the concept of having a digital will: A legally binding statement to the world declaring who should have access to your information after you die. It's a question that is bound to get only more complicated as our digitally engaged population grows older and dies. So, as you contemplate aspects of your estate planning, consider your Digital Legacy and address it now before someone else might. Contact us for expert estate planning, probate and elder law advice at www.ythlaw.com

Elizabeth Taylor - A Film Legend - Dies At 79

Elizabeth Taylor was truly a household name for generations. My mother was so moved by Elizabeth Taylor's stardom, she named her first born child, Yvette Elizabeth Taylor. Yes, that would be me. So, I guess hearing about the death of this particular legend moved me personally and otherwise.

Elizabeth Rosemond Taylor was born in London on Feb. 27, 1932, the daughter of Francis Taylor, an art dealer, and the former Sara Sothern, an American stage actress. At age 3, with extensive ballet training already behind her, Taylor danced for British princesses Elizabeth (the future queen) and Margaret Rose at London's Hippodrome. At age 4, she was given a wild field horse that she learned to ride expertly.

Her family moved to the United States where she begin her movie career at age 10. The rest is Hollywood legend. Clearly, Elizabeth Taylor has a significant estate which we will follow its administration. Her children include her daughters Maria Burton-Carson and Liza Todd-Tivey; and, sons Christopher and Michael Wilding, and several grandchildren.

Stay posted for updates. Contact us at http://www.ythlaw.com/ for all your probate, estate planning and elder law needs.

When Probate Matters

This morning I received a call from a son who just loss his mother to cancer. I expressed my condolences and we proceeded to discuss the reason for his call. His mother, who was very meticulous and maintained very good records of her finances, died without a Will. As you can imagine the drama unfolds from this point.

There are 3 children and they have at least agreed that the son who made the call to me could serve as the Administrator of the Estate. If that had not been agreed upon, the administration of the estate could be significantly delayed. Of course there are other issues that could have been avoided with a Will.

(1) The mother wanted her eldest son to have her extensive art collection - NOT - (they do not agree)
(2) The homestead still has a mortgage on it and one daughter wants to stay in the home - NOT - (they do not agree)
(3) The mother wanted everything to be equally distributed upon her death - NOT - (she only had one of her children on her insurance policy and on her bank account)

AND THE LIST goes on. Plan now and let us help you by contacting us at http://www.ythlaw.com/

Black History Month - Legacy of Freedom for All

What is the history behind "Jocko"?

The story begins the icy night in December 1776 when General George Washington decided to cross the Delaware River to launch a surprise attack on the British forces at Trenton. Jocko Graves, a twelve-year-old African-American, sought to fight the Redcoats. However, Washington deemed him too young and ordered him to look after the horses. He asked Jocko to keep a lantern blazing along the Delaware so the company would know where to return after battle.

Many hours later, Washington and his men returned to their horses. The horses were tied up to Graves who had frozen to death with the lantern still clenched in his fist. Washington was so moved by the young boy's devotion to the revolutionary cause he commissioned a statue of the "Faithful Groomsman" to stand in Graves's honor at the general's estate in Mount Vernon.

By the time of the Civil War, these "Jocko" statues could be found on plantations throughout the South. They were like the North Star that pointed fleeing slaves to their freedom. The Jocko statues pointed to the safe houses of the Underground Railroad. Along the Mississippi River, a green ribbon tied to a statue's arm — whether clandestinely or with the owner's knowledge — indicated safety; a red ribbon meant danger. Thus these original lawn jockey statues serve as true artifacts of the Underground Railroad that conducted so many African-American slaves to freedom.

Share a black history fact here or contact us at www.ythlaw.com

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.

Signature By Mark

I have had situations where a client may be of sound mind and body but has a physical handicap that affects his or her ability to sign documents. A signature by Mark is permissible. The Mark has to be witnessed by 2 individuals and notarized. This allows the person to continue to take care of their own business as long as they are mentally able. They do not have to give that authority to another if they want to continue to manage their own affairs.

What else do you want to know about your affairs? Contact us at http://www.ythlaw.com/ for expert estate planning and probate.

The Hammersteins' Legacy

What's Your Legacy? I attended a booksigning this weekend. Oscar Hammerstein II's grandson has written a book, THE HAMMERSTEINS, about his family's awesome musical legacy. The book draws heavily upon the family archives, presenting a rich collection of photographs, theatre blueprints, programs and patents. The grandson, Oscar Andrew Hammerstein, has become the family historian, by studying and preserving his family's heritage and their contribution to Ameican culture.

Estate planning helps create and preserve your legacy which could be lost without having a plan. Who will maintain the memorabilia on your family's work? How will it be passed on for the prosperity of your family and maybe of the larger society as in the Hammersteins' situation.

I do believe that more people need to address their own legacy by taking the time to document the journey of their life. It is an exercise of significant worth. Contact us at http://www.ythlaw.com/ for expert estate planning guidance.

Powers of Attorney and Wills for the "What ifs" and "When"

I am on the way to a Nursing Home. The reason for this visit happens all to often but could be avoided with planning. Why do we wait? What do we procrastinate?

Today, when I meet with this client and their family (generally a son or daughter), I have to first determine whether the client still has the capacity to execute specific documents like a will or power of attorney. If that huddle can not be met, then the son or daughter will have to initiate guardianship procedures to address financial matters and certain healthcare matters. The window for creating a will is now closed if the client no longers has capacity.

Unfortunately for many, when we are healthy and able bodied, we do not focus on the "what ifs" (I become incapacitated, etc.) or the "when" (death happens). However, this is the time to take care of our "business". It will save you time and money in the long run. Though I do make more when you procrastinate, that is not why I do what I do. I want families to have their documents in place for the "what ifs" and the "when". If you do, then you do not have to be addressing legal matters when your focus should be on the emotional aspects of the "what ifs" and the "when".

Contact us today at http://www.ythlaw.com/ for all your probate and estate planning needs.

No Deed Too Small

I often have clients who have loss a spouse and want to know how to handle the Deed held in both names. Generally, married couples hold property as Tenancy By The Entireties. This just means that when one spouse dies, the surviving spouse becomes the full owner of the property. Technically, nothing has to be done as pertains to the Deed. By operation of law, the surviving spouse is the owner.

However, many clients do prefer to remove the name of the decease spouse. When it comes time to sell or transfer the property, there is no need to explain the status of the other name on the Deed, which generally requires the production of a death certificate.

So, make sure all your Deeds are in order and have the names of only those who are currently living. Contact us at http://www.ythlaw.com/ for expert estate planning, probate and elder law needs.

Super Bowl - The Day After

Whether your team won are not, the Super Bowl is a great time to gather with friends and family. That is just what we did on Super Bowl Sunday. We had great food, wonderful friends and exciting entertainment.

Of course these days the Super Bowl commercials get to be legendary as well. The 2 that stood out for me was (1) Kia "One Epic Ride" and (2) Doritos "House Sitting". Like estate planning, One Epic Ride is all about knowing the past to take time now to address the future. I thought "House Sitting" raised an issue regarding cremation. What do you do with the ashes? Some folks keep them on a mantel. However, unlike being able to sprinkle doritos on them to bring someone back to life, you could inadvertently spill them. Why not have your ashes distributed over a place that has meaning for you or have them secured in a vault.

Contact us to discuss your estate planning needs at http://www.ythlaw.com/

Estate Planning Mistakes - Number Twenty-eight

The federal estate tax at the present time is 35%. This is a significant amount on any estate and there may not be any cash to pay the tax. For example, the estate value may all be in real estate or in a closely held business. Planning is critical to make sure there is cash to pay the estate tax. One planning option is life insurance.

However, if an estate is already in such a situation, no cash to pay the taxes, then extensions may be granted by the IRS. The extensions will be for a "reasonable period" for a "reasonable cause".

Get the expert advice that you need. Contact us at http://www.ythlaw.com/ if you have probate or estate planning questions.

Estate Planning Mistakes - Number Twenty-Seven

If you own a business that is set up at an S Corp, you want to make sure the S Corp status is not lost upon death. If stock in an S Corp passes at death into an ineligible trust the S Election may be lost. Only certain trusts, specifically "qualified sub-chapter S trusts" and "Electing Small Business Trusts" qualify as S Corp shareholders. In order to prevent the loss of the S Election, you want to make sure your estate planning document provides the appropriate language.

Contact our offices at http://www.ythlaw.com/ to get the expert legal advice that you need for all your probate and estate planning needs.

Estate Planning Mistakes - Number Twenty-Six

It is important to know that face value of your life insurance is counted towards the value of your estate for Federal Estate Tax purposes. Therefore, the value of your estate could be subject to federal estate tax because your insurance policy increases the value of your estate.

An easy way to eliminate this problem is not to own the life insurance policy in your name. Instead, have the policy owned in the name of a trust. Such trust is known as an Irrevocable Life Insurance Trust. It can save your estate significantly on taxes.

Contact our office at http://www.ythlaw.com/ for all your Probate and estate planning needs.

Estate Planning Mistakes - Number Twenty-Five

For those with Federal Estate Tax exposures (for 2011 and 2012 it is 5 million/10 million for married couples), you as well as your spouse should have a credit shelter trust. The Credit shelter trust/By-pass trust should be properly funded. This requires that each couple have sufficient assets in their name alone. Those assets would fund the Credit shelter trust/By-pass trust upon the death of a spouse.

If there are not sufficient assets to fund the Credit shelter trust/By-pass trust at the death of the first spouse to die, then the surviving spouse will have to disclaim a portion of his or her inheritance to allow the funding to occur. A qualified disclaimer must be executed within 9 months of the date of death of the first spouse to die.

We have the expertise to assist you in all your estate planning and probate matters. Contact us at http://www.ythlaw.com/

Estate Planning Mistakes - Number Twenty-Four

Do Not Fail To Plan for Federal Estate Tax. For the next 2 years, 2011 and 2012, those whose estates are under 5 Million Dollars (10 Million for married couples) will not be subject to the Federal Estate Tax. This could be stay the same, be raised or reduced in 2013. It would be a mistake not to address the potential exposure your estate might have to the Federal Estate Tax. This tax currently would be 35% of the estate. It was even higher in the past so it is not a tax to be taken lightly.

So, make sure your estate planner explains your potential exposure. If your estate is close to the amount or over, you want to make sure you have a Credit Shelter/ By-Trust in place. This type of Trust will allow you to avoid and in some cases eliminate the Federal Estate Tax.

Contact us at http://www.ythlaw.com/ for expert estate planning advice that will save you money on taxes and preserve your estate for distribution in accordance with your wishes.

Estate Planning Mistakes - Number Twenty-Three

Estate planning is not just doing a Will. There are documents that everyone should have to address what happens if you are incapacitated or disabled. You want to make sure you have documents that take care of you while you are living.

Everyone should have a General (Durable) Power of Attorney, Healthcare Power of Attorney (to deal with physical as well as mental health) and Living Will. If you fail to have these documents and you become incapacitated or disabled, a legal guardian will have to be appointed. This is a legal process which will require a guardianship hearing before the court. You can avoid this sometime lengthy and expensive process with advance planning.

Don't make costly estate planning mistakes. Contact us at http://www.ythlaw.com/

Estate Planning Mistakes - Number Twenty-Two

If you have a business, then you should have a buy-sell agreement or a business succession plan. Business succession planning, including ownership succession and management succession, is critical to business owners. Will the business be transferred to family members, a key employee or other purchaser?

The buy-sell agreement is often an integral part of such planning. There are three basic types of buy-sell agreements: First, stock redemption agreements where the company agrees to purchase the departing owner’s interest; second, cross purchase agreements where the other owners agree to purchase the departing owner’s interest themselves; third, hybrid agreements that combine elements of the other two.

A buy-sell agreement protects each owner’s interest, preserves value, and prevents later disputes when an event of transfer occurs. A transition event could be a voluntary departure, disability, retirement or death. What happens if one of the owners gets a divorce? Without a buy-sell agreement to address these issues and assure orderly transition, the resulting chaos could be financially devastating for any business owner.

Critical Note:
How do you value your business? Once a value is established, how do you fund a buy-sell agreement? Business valuation is one of the most problematic issues surrounding the buy-sell agreement. There are several business valuation methods. A few of the common methods include determining value with reference to (1) book value, (2) capitalizing the earning of the company over a fixed period of time, (3) setting the value by independent appraisal, or (4) periodically setting a fixed value by mutual agreement of the owners of the company. Experience shows that having the owners periodically determine the value is seldom satisfactory; they seldom get around to doing it and the value gets stale. A backup, such as determining the value by appraisal if the owners haven’t set the value in the last year or two is an important provision of a buy-sell agreement. Choosing the appropriate valuation method to implement is critical.

As pertains to funding, there are generally three ways to fund a buy-sell agreement. They are a cash sale which requires savings; a financed sale whereby part of the sales price is represented by a promissory note usually secured by a pledge of the stock being transferred; or if a cash or financed sale is not feasible, a sale funded by life insurance may best address the funding of a buy-sell agreement.

Contact us at http://www.ythlaw.com/for all your business succession needs.

Estate Planning Mistakes - Number Twenty-One

Does someone who is not related to you live with you? Is there someone living with you whose name is not on the deed to the house? What happens to that person if you die before he or she does? This is when you want to consider whether you need to preserve a life estate for that person.

What is a life estate? A life estate permits a person who is not on the deed to continue to live in the house for his or her lifetime. Upon his or her death, the house could go to whomever you choose. You want to make sure your Will has a provision similar to the following:

I devise and bequeath my house at ________ together with all household goods and furnishings therein, and all policies of insurance on said real and personal property, to my ________ for life so long as she/he desires to use such premises as a home and pays all costs of maintenance thereof, including taxes, assessments, insurance and ordinary repairs, said property to be insured in a reasonable amount insuring the interest of the remaindermen as well as herself/himself.
Upon the death of _________ or at such prior time as she/he no longer uses said premises as a home for herself/himself, I direct my Executor to sell said real and personal property and distribute the net proceeds thereof to _________.

Let us help you with all of your estate planning needs. Contact us at http://www.ythlaw.com/

Estate Planning Mistakes - Number Twenty

Do not fail to plan for "non-probate" assets. Most people do not understand what is a probate asset or what is a non-probate asset. Probate assets are those assets that pass under a person's Will because the asset is only in the name of that person.

Non-probate assets are those assets that pass outside of a person's Will because the distribution is NOT govern by the Will but is governed by another document. As a result of someone's death, money can be distributed from a life insurance policy, from a jointly held bank account or from assets held under a Trust.

Everyone should review their beneficiary designation forms under a life insurance policy or a retirement account to make sure you have "appropriately" named someone. For example, if you name your children and something happens to a child do you want your grandchildren to get that child's share? Your beneficiary designation form should be reviewed to make sure your intent is clear.

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

Estate Planning Mistakes - Number Nineteen

It is important the original Will is maintained in a secure place. If my clients keep the original, it must be either in a safety deposit box or a fireproof safe at their home. Otherwise, the attorney preparing the Will may maintain it. The original is needed at the time of death.

BUT, what happens if the original Will can not be found. You have to overcome the court's presumption that the Will was intentionally destroyed by the deceased. You would have to show that the original was not with the deceased. Further, you would have to present a photocopy is available and have person who wrote the Will, the attorney, available to testify as to the contents of the Will.

SO, you DO NOT want to misplace the original Will. It will cost you if you do. Contact us so that we can guide you through the estate planning process.

Estate Planning Mistakes - Number Eighteen

Do not fail to amend your Will after a birth or adoption. Under Pennsylvania law, you can disinherit your children. Unlike a spouse, you are not required to leave your children anything. However, in order to avoid the inadvertent disinheritance of a child, Pennsylvania law provides for certain rights to children.

If your child is born or adopted after you made your Will then such child will stay be able to inherit. It may not be fully what you intended. That is why it is important for you to avoid these pitfalls/mistakes.

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

Estate Planning Mistakes - Number Seventeen

There are a number of triggering events that should have you making a Will or updating a current Will. One such event is marriage. Do not fail to amend your Will after you get married.

If you marry after making a Will (with no mention of a current or future spouse) and do not change it before you die, then your surviving spouse will receive the share of the estate to which a spouse would be entitled if you died without making a Will. This may or may not meet with your intent. It is always better to make your own plan then having the State's plan imposed upon you.

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

Estate Planning Mistakes - Number Sixteen

Do not forget to make sure your documents address Divorce. Pennsylvania law provides that if you are divorces after making a Will any provision in the Will favoring or relating to the former spouse becomes ineffective for all puposes unless it appears from the wording in the Will that the provision was intended to survive the divorce. Just to be sure, it is even better to be proactive and change your Will when you get a divorce.

Furthermore, if you have any irrevocable documents, the law does not change those provisions upon divorce. Therefore, it is imperative that your irrevocable documents address divorce in the document when the document is drafted.

Make sure you have expert estate planning advice. Contact us at http://www.ythlaw.com/

Estate Planning Mistakes - Number Fifteen

What about Fido? Do not forget about your dogs, cats, horses or other family pets. You want to make provisions for your pets in your Will or you can even have a Pet Trust established for the benefit of your furry friends.

A Trust might cover (1) designation of the caretaker (2) the fee to be paid a caretaker (3) name the trustee (4) standard of care for the pet and (5) the amount to be left in Trust for the pet.

You want your estate plan/Will to be comprehensive. Therefore, make sure you contact us at http://www.ythlaw.com/

Estate Planning Mistakes - Number Fourteen

Many people do provide burial instructions in their Will. It is also important to communicate funeral instructions to family members to make sure your wishes are followed. If the instructions only appear in the Will and the Will is not immediately assessible, no one will know your preference if you did not communicate the instructions to anyone. Do not let this mistake happen to you.

The following burial instructions can be provided in the Will: Burial plot number; Cremation, if desired; location of services; how funeral expenses are to be covered; program; guest preference; and, the list goes on.

Contact us for expert legal assistance at http://www.ythlaw.com/

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 Eleven

If the Will is not properly executed, it will be invalid. In Pennsylvania, the Will is valid if in writing and signed at the end. Witnesses are NOT required unless the signature is an X. These are the minimal legal requirements. But, you want to go further.

The drafter of your Will, ie. your attorney, should be present at the execution to make sure all goes well. It is also very wise to have witnesses (2) and a notary. With all of these formalities, your Will can with stand challenges applicable to improper execution.

Contact us at http://www.ythlaw.com/ for expert Probate, Estate Planning, Elder Law and Business Succession Planning advice.

Estate Planning Mistakes - Number Ten

Many Wills unfortunatly fail to provide appropriately for minor beneficiaries. How do you want the property left to minors handled? The guardian named over the person of the child does not necessarily provide such guardian with rights to administer the assets left the child.

1. Do you want a minor child to get all assets left to him/her at 18 years of age? If yes, then name a guardian of the property.

2. Do you want a minor child to get all assets left to him/her at 21 years of age? If yes, then name a custodian of the property. Not only is the age higher but there is more flexibility provided a custodian.

3. Do you eant a minor child to get all assets left to him/her over a period of time beyond 21? If yes, then a Trust would be best. The terms and conditions of the Trust could be whatever you desire in the best interest of your child. The ages could go well into adulthood.

Contact us at http://www.ythlaw.com/ for expert legal 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 Eight

How do you want the death taxes to be paid on your estate? If you are not clear in your Will, there could be unintended tax consequences.

For example, if your Will is silent on how death taxes are paid, your beneficiaries could have to sell assets to pay the taxes due at your death. If the Will provides that all death taxes are paid out of your estate, this could affect some heirs differently by reducing their inheritance.

Don't let estate planning mistakes leave your loved ones exposed. Contact us at

Estate Planning Mistakes - Number Seven

If you want to make a gift to someone only if they should survive you, it must be clearly stated in the Will. One mistake that could happen is that a gift intended for a particular person could go to a totally unintended person.

For example, the Will states, I leave my shining little red corvette to my brother, John Doe. In some states, like Pennsylvania, if your brother does not survive you, then the gift could go to your brother's children. Your brother has 3 year old twin girls who clearly would not benefit from such a gift. This would not have been your intent. Therefore, you must make sure that you provide that a gift will "lapse" (not be given) if the person does not survive you.

Let experts help you with your Will and other estate planning matters. Contact us at http://www.ythlaw.com/

Making a Difference - One Run at a Time

Tis the Season of giving. To whom much is given much is expected. If we have received much in our lifetime whether tangible or intangible, we have a responsibility to share, to give, to help. It enhances our life and those around us.

If I have learned anything in the estate planning law practice, that would be that the legacy we create today can have a meaningful and worthwhile impact upon future generations. Our firm is honored to be among the many who give back each and every day.

Estate Planning Mistakes - Number Six

As with the description of personal property to be given, you want to clearly describe the person to whom a gift is given. You want to name the person and if there is possible confusion make sure your Will indicates their relationship to you.

For example, I leave my gold watch to my best friend, Jane Doe. You do not want to just say to your best friend or to your favorite cousin. Let it be clear even if you have to also express where the person lives, at least at the time of making the Will.

Contact us for expert assistance in matters of Probate, Estate Planning and Elder Law.

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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Estate Planning Mistakes - Number Four

The 4th mistake that could occur with estate planning pertains to the distribution of "personal effects". Sometimes the biggest conflict among family members pertains to those items with little economic value but significant sentimental value. It is not the money or real estate because those distributions are generally made clear.

It is the family armoire, jewelry, china or art. Make sure you have a clear way of making the distribution. You might want to consider a lottery system or a memorandum listing who gets what. The memorandum could be placed with the Will and updated from time to time.

A little planning goes a long way to avoid conflict and bad feelings. Contact us for estate planning, probate and elder law needs at http://www.ythlaw.com/

Estate Planning Mistakes - Number Three

Mistake number 3 is getting the names wrong in the Will. This is a mistake that can be avoided with careful and professional handling. You also review your Will. Even if you do not know the legal terms and conditions which must be in Will, you can address misspellings, wrong names and other name related errors.

I have seen Wills with names misspelled and sometime the wrong name. You do not want to use nicknames but your "legal" name and those of your beneficiaries should always appear in the Will. It is appropriate to have "also known as" provided in the document for additional clarification.

Don't let this mistake cause your heirs anguish. Review before you sign. Contact us at http://www.ythlaw.com/ for expert advice and guidance.

Estate Planning Mistakes - Number Two

The failure to provide complete information to your estate planner is a big mistake. Your estate planner needs to identify all of your assets; to estimate the relative value of those assets; and, to determine how assets are titled. It is important to provide the names and ages of all your immediate family members. If you have other heirs that you want to leave assets, their names need to be provided to your estate planner.

Contact our offices for additional information and guidance at http://www.ythlaw.com/

Estate Planning Mistakes - Number One

Over the next few days, I will review estate planning mistakes. But more importantly, I will address how to avoid them or correct them if you have failed to avoid a mistake.

(1) Not getting an estate planning professional to handle your estate planning is a common error made by many.

You can avoid this by doing your research. Check with your local association of legal professionals for a recommenation or get a referral from a friend who has used an estate planning attorney. If you have already made the mistake, then have your documents reviewed by an estate planning professional to make sure you have what works best for you and your family.

We stay current all estate planning matters to serve you. Contact our offices for a free consultation at http://www.ythlaw.com/

In A Blink Of An Eye - Follow-Up

A message from Jayla’s mom Robyn:

“Thank you Yvette and all of the sponsors for your support. Hearts for Jayla is making a difference. One Child, One Vision can make a World of Difference. Keep Praying.”

You are not alone. Giving has a domino affect in many ways. Jayla has shared what happened with her eye injury and other children do not feel alone in their personal eye injury battle. It is good to know we ran and raised money to help address, prevent and cure eye injuries. This is just a follow up video for your information and thanks again for your support. Stay in touch with us at http://www.ythlaw.com/

Breaking News - The Federal Estate Tax

Last week, a number of tax issues were addressed. For the next 2 years, 2011 and 2012 Congress has provided:

• The new estate tax rate will be levied on estates over $5 million ($10 million for couples), with a tax rate of 35% for 2011 and 2012

• The top two tax brackets will remain at 33% and 35%.

• No change for capital gains and dividends taxes. It will remain at 15% for everyone

Now that we know what to expect for the next 2 years, it’s a good idea to go back to the drawing board and re-evaluate your estate plan as well as you year-end tax strategies before December 31st.


Contact us at www.ythlaw.com for up to date estate planning information.

Moments That Can Touch the Soul

We all can appreciate when a simple moment becomes an extraordinary experience. This can happen anytime, anywhere.

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Elizabeth Edwards Dies at 61

Her legacy of strength and forgiveness will live on long after her death. She fought the fight we all hope we never have to endure. Though she lost her battle to breast cancer, it will be her life's work that will be remembered by everyone.

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Who Will Be the Guardian?

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.

The FIRST series will be on children. Yes, they are for many of us our MOST important asset and we want to make sure they are taken care of when we die. They can move us to ACT.

I thought this photo was absolutely incredible and wonderous. What a lovely family. QUESTION, who would be named as the guardian for septuplets if something happened to their parents? Naming a guardian is one of the most important parts of doing an estate plan.

Do not procrastinate. Your children are depending upon you. Contact us at http://www.ythlaw.com/

We can help.

What is Your Plan?

I ask the question because it is important to have a plan so that you are not merely reacting to situations. You are in control and make things happen. With a plan you move from reaction to action.

So, what is your plan? You develop plans for work. You develop plans for your children. But, what about a plan for you!! You start with your goals and aspirations in aspects of your life. This would encompass your personal, work, health and spiritual/religious. I would suggest you have at least 2 goals and aspirations in each category. After you list your 2 or more goals and aspirations then be as specific as possible regarding how you might accomplish those goals and aspirations. Remember, faith in your goals and aspirations will help work out some details your may not know how to address.

AND of course, getting your Will done should be NUMBER ONE in your personal goals. Once you write it down in your plan, guess what, it gets done and not as a reaction but as an ACTION!!

Contact us at http://www.ythlaw.com/ for more information.