Tower of Giraffes

As I walked the path of our hotel complex, I came face to face with a giraffe.  It was surreal..  We both stared at each other with initial surprise then wonderment, for me.

When we encounter something strange or out of context, we pause to take it in, at least after the danger dissipates.  But what if that encounter results in danger.  We really never know when incapacity or death might happen.  In a nanosecond, we could be faced with that possibility. 

Are you prepared for the unexpected??

Contact us at http://www.ythlaw.com/ for your Powers of Attorney, Trusts, Wills, Living Wills and other advise and guidance on your estate planning needs.

Divorce - When Should I update My Powers of Attorney

Another estate planning matter that must be addressed at the time of divorce is your powers of attorney.

(1) If you have powers of attorney naming each other as agents, then 9 times out of 10 you do not want your ex-spouse to handle your affairs when you are incapacitated.

(2) If you do not have any powers of attorney, it is even more important to get them done.

You need to appoint someone to handle your financial affairs (paying bills, dealing with the bank, etc.) when you are unable to do these things yourself. You also want someone to be able to talk with doctors or review your medical information when you are unable to address medical situations yourself.

Don't let a divorce just happen to you. Take a collaborative approach that helps you address the financial, emotional and more importantly those estate planning issues that could get overlooked and lead to real complications. Contact us at www.ythlaw.com for estate planning, probate and elder law needs.

Divorce American Style

I received a newsletter from Marianna Goldenberg, a financial advisor who specializes in working with women experiencing a divorce. There are unique financial and estate planning matters that must be addressed during such a transition.

Here is a particular scenerio she presented with some slight modifications. Amy and Ted have been married for 12 years. They have no children and are each currently in the 25% federal tax bracket. They are trying to decide how to equally divide their remaining three assets. Those assets are a shore house in New Jersey worth $300,000, an IRA worth $200,000, and a savings account worth $250,000. The $250,000 in the savings account represents a loan taken against their shore house.

Ted has proposed that Amy take the shore house and sell it netting $50,000 after repayment of the outstanding loan. He suggests she should also keep the IRA worth $200,000. He would keep the savings account and they would both end up with $250,000.

Amy thinks this sounded fair since each would be getting half of the $500,000 total asset value. However the one question that she overlooked asking was “what is the cost basis?”

If this question had been asked of Ted it would have revealed that he only paid $110,000 for the shore house 8 years earlier. This asset has a capital gain of $190,000 which creates a capital gain of $28,500 (15% capital gain) plus $5,700 state tax due (3% state tax rate). Amy received $50,000 from the beach house but had to pay out $34,200 in taxes, so she only had $15,800 remaining.

Her after-tax value of the IRA is approximately $150,000 (25% tax bracket, not counting the 10% early withdrawal penalty since she is not planning to liquidate the account prior to age 59 ½).

The after-tax results show Amy ending up with only $165,800 while Ted keeps $250,000 tax-free and clear. This would hardly be considered an equal split.

To avoid potentially nasty surprises it is best to thoroughly investigate the basis in all assets prior to agreeing to accept transfer in order to have a clear picture of the financial outcome. Once the marital settlement has been signed and the divorce is final there is little to no opportunity to renegotiate an unfavorable deal.

AND do not forget those other documents that need to be updated after a divorce including your Will, Power of Attorney and Living Will. Contact us at

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.

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.