Filed under: Asset Protection,Estate Planning,Living Trust,Living Will — Tags: "Asset Protection", "Bloomfield Hills", "Christopher Berry", "Divorce", "Estate Planning", "Estate-Planning Tools", "Life Stages", "Michigan Estate Planning Lawyer Blog", "Witzke Berry Carter & Wander", Michigan — Christopher J. Berry @ 2:26 pm
The joys of parenting
If you have children, update your will to nominate a guardian to step in if you and your spouse pass away. Include provisions in your will or a separate revocable trust so that your child doesn’t inherit everything at the age of 18.
A revocable trust allows you to appoint a trustee to handle any money your child inherits. The trustee can use it to support your child as the child grows up, and you can specify at what age your child can receive the money, along with any reasons your child should get it before that age, such as starting a business or buying a house. You can also specify that the trustee can withhold money if your child has a gambling problem, is in the midst of a divorce, or there’s another situation that makes it inappropriate to inherit.
You’ll also need a separate guardianship nomination that nominates a guardian to care for your child if both parents are incapacitated. That’s helpful in simpler situations as well, such as when both parents take a vacation and a child needs emergency medical treatment.
Each time you have another child, be sure your estate planning documents address all of your children, and don’t forget to increase your life insurance.
“Sing it, Tammy Wynette: D-I-V-O-R-C-E
If you’re separating or divorcing, it’s unlikely that you want your spouse to have the authority to make decisions on your behalf and access your medical and financial information. Revoke those documents, including beneficiary designations, or sign new ones. A divorce decree doesn’t magically change those things.
If you remarry, revise your will and trust documents to reflect the proper beneficiaries. Most people want to share with their new spouse but also want to provide for their separate children at their death. Determine which assets you want to leave to your spouse and which to leave to your children.
The middle ages
As you approach your 40s and 50s, consider purchasing long-term care insurance, which will cover the cost of long-term care or a nursing home.
The golden years
Review your life insurance to determine whether you can reduce it if your children are grown. Also, review designations on your durable power of attorney, health care proxy, and HIPAA release to ensure the people you’ve named are still in your life and willing and able to serve in that role. At this stage, it is common for people to start planning their funeral to make sure that’s in order.
Contact Michigan Estate Planning Lawyer Christopher Berry to ensure your estate plan is secure and in place.
Read more:
http://finance.yahoo.com/news/8-life-stages-estate-planning-080013261.html
Attorney Christopher J. Berry is a Metro Detroit estate planning and elder law lawyer who helps families, seniors, veterans and business owners with their important legal needs. Oakland County estate planning lawyer, Christopher Berry is a partner in the Bloomfield Hills law firm of Witzke Berry PLLC. Mr. Berry practices in the areas ofestate planning, business, probate, veterans benefits & Medicaid planning. Follow Christopher on Twitter@chrisberryesq.
Filed under: Asset Protection,Estate Planning,Life Insurance,Will — Tags: "8 life Stages of Estate Planning", "Asset Protection", "Christopher Berry", "Divorce", "Estate Planning", "Estate-Planning Tools", "Marc Wander", "Married", "Michael P. Witzke", "Michigan Estate Planning Lawyer Blog", "Single", "Witzke Berry Carter & Wander", revocable living trust — Christopher J. Berry @ 2:15 pm
Your estate plan should account for the many stages of life that you experience. Below is a rundown of the estate-planning tools you should have if you’re just beginning your life’s journey, halfway through, or approaching the homestretch.
Ch. 1: Planning for life
- 8 life stages for planning
- The basics of estate planning
- Estate-planning Q&A
- Should you have a will?
(Why You Need to Put Your Living Together Agreement in Writing)
Young, single and carefree
Parents make financial decisions for children by law, until they reach 18, and that legal right is vanquished. Consider the worse, if something happened to you, it is in your best interest for your parents to have access and control to your health care and financial decisions. Access to your medical providers, and more importantly, a say in your health care decisions protects you in the event of the unforeseen.
(A Risky Lifeline for the Elderly Is Costing Some Their Homes)
If you’re over 18 and unmarried, execute four documents to ensure your loved ones can carry out your wishes:
1. A general durable power of attorney enables you to designate who will control your finances if you become incapacitated, whether it’s your parents or another loved one.
2. A health care proxy allows you to designate who will make medical decisions on your behalf in the same situation.
3. A living will lets you lay out your wishes regarding life-sustaining medical treatment.
Estate planning life stages
- Young and single.
- Single, but committed.
- Engaged.
- Just married.
- Parents.
- Divorced.
- The middle years.
- The golden years.
(Sandbagging In M&A Deals: Silence May Not Be Golden)
4. Finally, a Health Insurance Portability and Accountability Act, or HIPAA, release enables your designated agent to discuss your medical condition without violating patient privacy laws. Without those documents, loved ones may have to resort to seeking guardianship over you in court at a time when it is the last thing in the world that they want to be doing.
Single, but committed
A will or trust can ensure your life partner inherits your possessions if you’re in a long-term relationship but unmarried. Otherwise, state law deems that they go to your closest relatives.
(The Global Logic of Strategic Alliances)
We’re engaged!
A prenuptial agreement isn’t only for people who have a lot of money. It’s essential for everybody. A lot of people divorce because they’ve never had conversations about money. A prenuptial agreement forces people to engage in this financial conversation.
Just married
Edit your durable power of attorney, health care proxy and HIPAA release if you want to eliminate any question that your spouse should control your financial and medical decisions if you become incapacitated. Think of Terri Schiavo, referring to the woman whose parents and husband battled publicly for seven years over the right to make health care decisions on her behalf after she became incapacitated. She didn’t have a health care proxy.
(Lesbian Couples’ Marriage Rights)
If you do not have a revised durable power of attorney, your spouse also can’t administer property solely in your name or property you hold jointly with your spouse. Also, indicate the person you’d like to make financial and medical decisions on your behalf in the event an accident incapacitates you and your spouse.
If you don’t already have one, this is also the time for a will or trust. In a lot of states, if you die without a will and have a spouse but no children, your spouse will inherit some of what you own, but your parents will also inherit. Avoid the risk of a fight between your spouse and parents over who should inherit, and have a will or trust definitively state who should receive your assets. Also, if you own a home, purchase life insurance that will pay off your mortgage if one spouse dies.
(The Paperwork Mountain at Veterans Affairs)
Finally, change your beneficiary designations in terms of health insurance and investment plans so they pass to your spouse. A lot of people think when they get married, those things change on their own, but that’s not the case. Visit your human resources department and ask which documents include a beneficiary. Health savings accounts and flexible spending accounts sometimes have a beneficiary, as do bank accounts payable on death.
Contact Michigan Estate Planning Lawyer Christopher Berry to ensure your estate plan is secure and in place.
Read more:
http://finance.yahoo.com/news/8-life-stages-estate-planning-080013261.html
Attorney Christopher J. Berry is a Metro Detroit estate planning and elder law lawyer who helps families, seniors, veterans and business owners with their important legal needs. Oakland County estate planning lawyer, Christopher Berry is a partner in the Bloomfield Hills law firm of Witzke Berry PLLC. Mr. Berry practices in the areas ofestate planning, business, probate, veterans benefits & Medicaid planning. Follow Christopher on Twitter@chrisberryesq.
Flash floods, killer tornadoes, wind-fueled wildfires, hurricanes: Are you prepared if Mother Nature forces an evacuation from your home? Here’s what to do before disaster strikes:
Keep one set of original or photocopied records in a portable file system or lock box that will permit grab-and-go convenience if you evacuate. Make a backup set of electronic copies and save them on CDS, DVDs or external drives that should be stored in a safe location, like a bank safe deposit box or the distant home of a trusted friend or relative. Be sure to keep records updated.
The documents should include:
• Personal: Birth and marriage certificates, divorce decrees, passports, diploma and military documents, Social Security card, and photocopies of your driver’s license and the front and back of all credit cards. Also include phone numbers of friends and relatives, because numbers stored on your cellphone may be inaccessible if its battery dies and you can’t recharge.
• Home and property: Home deed, mortgage and closing statements; car titles; insurance policies or at the minimum, policy number and contact information for your agent and insurer; appraisal documents for jewelry and other valuables.
• Estate: Your will, executor and estate planning paperwork, including names and phone numbers.
• Medical: Medicare or health insurance cards, prescription records (especially for medications for chronic conditions such as diabetes and asthma), and contact information for your doctors.
• Financial: Stock and bond certificates; IRA or 401(k) account numbers; bank statements; and tax records, including W2s and important receipts.
Prove your possessions
Take and safeguard photographs or video of the contents of each room– including the garage– to minimize insurance claim hassles, and as proof that you own possessions that might be lost or damaged. Know Your Stuff is free online software provided by the Insurance Information Institute to help you conduct a home inventory. Consider using the IRS workbook “Casualty, Disaster and Theft Loss” for estimated fair market value figures of your items lost.
Read more and discover the importance of 1) keeping a disaster kit, 2) stuff that will be useful, 3) how to ride out the storm, and 4) utility services.
http://www.aarp.org/money/investing/info-08-2012/protect-important-documents-and-valuables.html?sf6853303=1
Attorney Christopher J. Berry is a Metro Detroit estate planning and elder law lawyer who helps families, seniors, veterans and business owners with their important legal needs. Oakland County estate planning lawyer, Christopher Berry is a partner in the Bloomfield Hills law firm of Witzke Berry PLLC. Mr. Berry practices in the areas ofestate planning, business, probate, veterans benefits & Medicaid planning. Follow Christopher on Twitter@chrisberryesq
|
|
|
|
|
|
|
|
|
|
|
January 22, 2013
Filed under: Estate Administration,Estate Planning,Estate Taxes and Lifetime Gifts,Financial Planning,Living Trust,Living Will,Long Term Care — Tags: "Asset Protection", "Bloomfield Hills", "Christopher Berry", "Divorce", "Estate Planning Attorney", "Estate Planning", "Estate-Planning Tools", "Long term care", "Macomb County Estate Planning Attorney", "Marc Wander", "Michael P. Witzke", "Michigan Estate Planning Attorney", "Michigan Estate Planning Lawyer Blog", "Michigan Estate Planning Lawyer", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Wayne County Estate Planning Attorney", "Witzke Berry Carter & Wander" — Christopher J. Berry @ 9:14 pm
Estate planning often has a more dramatic effect on women due elongated life expectancy and the tendency to marry older spouses. As a result, they are three times more likely to be widowed at 65, than men. Estate planning is an imperative component in retirement planning, and with a greater probability of surviving their spouses, women often have the final word about how much wealth goes to family, charity or the taxman.
(Read more: Women and Estate Planning: Part 1)
5. Spouses Get Special Tax Breaks
Under the “unlimited marital deduction” assets inherited or received as gifts from a spouse are not taxed. Starting in 2011, portability allows a surviving spouse to add any unused estate tax exclusion of the recently deceased spouse to her own exclusion. A widow can pass on up to $10.24 million, untaxed, through either lifetime gifts or her will. If your spouse is not a U.S. citizen, the marital deduction is more limited and portability does not apply.
6. Tax Planning For Widows Is More Difficult
The primary goal, for most married couples, is to leave each other provided for financially. Upon death of the first spouse, tax saving strategies are more imperative considering the unlimited marital deduction no longer applies. However, there are a number of simple ways to save taxes while achieving other goals, like subsidizing family members who are less fortunate, educating children and grandchildren and preserving retirement assets.
(Read more: Estate Tax On the Rise, Don’t Panic, Plan)
7. Do Not Own Your Insurance
Because proceeds could be subject to estate tax, you will likely give away money to the government if you die owning a policy on your life. One way to avoid that outcome is to designate the family member who will receive the proceeds as the owner of the policy. Another is to establish an irrevocable life insurance trust. Traditionally, the ILIT buys the policy and, when you die, holds the proceeds for whomever you have named as beneficiaries.
8. Beneficiary Forms Are Key
Retirement accounts are distributed according to beneficiary designation forms filed with the bank or financial institution holding your account. You can readily name any beneficiaries you desire with an IRA, including friends, family members, a charity or a trust. For a 401(k) or other workforce plan, you must acquire or spouse’s written consent to leave it to anyone else. You must filed an amended form to change a beneficiary, if you get divorced for example.
(Read more: 8 Life Stages of Estate Planning: Part 1)
9. Cash Is King
Couples who commingle money must ensure there is sufficient funds to cover immediate expenses if one of them suddenly dies. Said funds can be held in each of your separate accounts or in a joint individual account right away.
Read more: http://www.forbes.com/pictures/efik45ehjjg/estate-planning-is-a-womens-issue-2/
Mr. Witzke practices in the areas of estate and gift tax planning, financial planning, retirement planning, LGBT civil rights, charitable giving, elder law, and small business planning. He focuses on helping clients grow, protect, and transfer wealth efficiently. Mr. Witzke is a past president and board member of the Financial Planning Association of Michigan, a member of the board of directors for Leadership Oakland, and a member of the planned giving advisory committees of Wayne State University and the Community House in Birmingham. Follow Mr. Witzke on Twitter @gr8estatelawyer.
January 16, 2013
Filed under: Business Planning,Estate Planning,Estate Taxes and Lifetime Gifts,Federal Estate Tax — Tags: "American Tax Payer Relief Act", "Asset Protection", "Bloomfield Hills", "Christopher Berry", "Estate Planning Attorney", "Estate Planning Lawyer", "Fiscal Cliff Deal", "Macomb County Estate Planning Attorney", "Marc Wander", "Michael P. Witzke", "Michigan Estate Planning Lawyer Blog", "Oakland County Estate Planning Attorney", "Oakland County Estate Planning Lawyer", "Wayne County Estate Planning Attorney", "Witzke Berry Carter & Wander" — Christopher J. Berry @ 4:02 pm
Estate planning lawyers worked themselves ragged to close out 2012 in preparation for the approaching fiscal cliff. Lawyers worked overtime during the holiday season to set up trusts and fund them with gifts that made maximum use of what was then the $5.12 million per person tax-free amount.
(Read more: “Pound Foolish” Author Warns Americans From Taking Foolish Financial Advice)
But in less than three pages in the 157-page law, Congress passed the American Taxpayer Relief Act of 2012 or ATRA, and put to rest the looming uncertainty that had haunted wealthy taxpayers for the past 12 years. As it came to pass, ATRA did not adjust the amount you can pass tax-free during life or at death. On Jan. 11 the IRS announced that with the inflation adjustment, that amount will be $5.25 million in 2013 ($10.50 million for married couples).
(Read more: Living Together and Property Agreements)
With fewer people worrying about estate tax, lawyers are uncertain what their next career move will be. Clients are calling to ask if they did the right thing, expressing concern about whether they will have enough for themselves down the road and whether they gave too much away. Other residual work for lawyers in 2013 will include preparing gift tax returns for 2012 gifts, which are due on April 15.
(Read more: Saying ‘I Do’ to a Prenup)
Gift tax audits will begin in 2014, while the IRS challenges some of the cute text tricks used to leverage or pack even more into the lifetime exemption amount. But looking ahead, there is less work to be done. Some firms plan to engage in strategic planning, while others look for growth in the field of elder law, dealing with asset transfer and the quality of life as people age.
Read more: http://www.forbes.com/sites/deborahljacobs/2013/01/15/morphing-into-the-new-age-of-estate-planning/?goback=.gde_1701677_member_204612620
Mr. Witzke practices in the areas of estate and gift tax planning, financial planning, retirement planning, LGBT civil rights, charitable giving, elder law, and small business planning. He focuses on helping clients grow, protect, and transfer wealth efficiently. Mr. Witzke is a past president and board member of the Financial Planning Association of Michigan, a member of the board of directors for Leadership Oakland, and a member of the planned giving advisory committees of Wayne State University and the Community House in Birmingham. Follow Mr. Witzke on Twitter @gr8estatelawyer.
January 15, 2013
Filed under: Estate Planning,Financial Planning — Tags: "Author", "Bloomfield Hills", "Christopher Berry", "Dark Side of Personal Finance", "Estate Planning", "Financial Experts", "Helaine Olen", "John Carter", "Los Angeles Times", "Macomb County Estate Planning Attorney", "Macomb County Estate Planning Lawyer", "Marc Wander", "Michael P. Witzke", "Michigan Estate Planning Lawyer Blog", "Oakland County Estate Planning Lawyer", "Pound Foolish", "The Daily Ticker", "Wayne County Estate Planning Attorney", "Wayne County Estate Planning Lawyer", "Witzke Berry Carter & Wander" — Christopher J. Berry @ 8:56 pm
Managing personal finances is not an easy task for most. Each year millions of dollars are spent on books and seminars with the hopes of getting rich and out of debt.
Helaine Olen, author of the new book “Pound Foolish: Exposing the Dark Side of the Personal Finance Industry”’ and former editor of the Money Makeover series in the Los Angeles Times warns Americans of being fooled by the short-sighted money decisions of even the best-known personal finance experts.
(Read more: Technology Companies and the Deceased)
In an interview with The Daily Ticker, Olen claims these financial gurus offer either platitudes or dreadful advice that don’t apply to most people’s lives or situations.
“The idea that anyone can give specific advice to millions of people first of all doesn’t really work,” she says. “We’re not archetypes.”
(Read more: 8 Life Stages of Estate Planning: Part 1)
The average American suffers from serious financial strain and the advice parroted by these alleged experts is “easier said than done,” Olen argued.
The author uses alarming stats to draw the picture of a typical American:
Americans possess less than $100,000 saved in dedicated retirement accounts and 43% of Americans are living paycheck to paycheck. Salaries have stagnated and Americans’ net worth has fallen nearly 40% between 2007 and 2010.
Thousands of dollars in credit card bills due to unexpected medical emergencies, divorce or long bouts of unemployment are the main reasons American find themselves drowning in debt.
(Read more: Living Together and Property Agreements)
Olen takes great distaste in the assertion that an individual can become a millionaire by investing all of one’s savings in the stock market. Suze Orman is among the “experts” that has promoted this suggestion before on CNBC and in her multiple books, yet Orman has admitted that she rarely invests in stocks and prefers the safety of municipal bonds, according to Olen. Equities are extremely volatile and rarely provide the 12% annual return that Orman and Dave Ramsey tout for people looking to quadruple their income, Olen adds.
Olen agrees with most personal finance experts that Americans should pay off high-interest credit cards and reduce their overall debt burdens.
Olen purposely avoids making her own personal finance recommendations in “Pound Foolish” but does proffer one tip she’s learned over the years as a personal finance journalist: invest in market index funds. They won’t make one rich but they offer the best return with the least amount of risk, she says.
Read more: http://finance.yahoo.com/blogs/daily-ticker/don-t-money-advice-suze-orman-dave-ramsey-122754956.html
Marc H. Wander is a partner of the Bloomfield Hills law firm of Witzke, Berry, Carter &Wander, PLLC. Marc has been licensed to practice law in Michigan since 1992. Marc’s practice is devoted to estate planning and business succession planning. Marc is a member of the Probate and Estate Planning Section of the State Bar of Michigan and is a prior Chairperson of the Oakland County Bar Association Tax Committee. He is a frequent continuing education speaker to insurance agents, financial advisors, CPA’s and financial industry organizations. He has also been heard on WJR Radio. Follow Marc on Twitter @MarcWander
|
|
(248) 481-4000
Free Initial Consultation
For Email Newsletters you can trust
- Michigan Elder Law Attorneys & Lawyers | Michigan Elder Law Center
- Michigan Estate Planning Lawyers & Attorneys
- Tulsa Estate Planning Blog
|
|
|
|
|
|
|
|
|
|
|
|