Downton Abbey: A History Lesson on Inheritance


January 6, 2013
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A couple of us here at Epilawg are big fans of Downton Abbey and are very much looking forward to tonight’s premiere of Season 3 on PBS. Without giving a ton of plot points away to those of you who have not yet watched the series (Season 1 is available on Netflix and both Seasons […]

Mom, Dad, are your financial affairs in order?


July 13, 2012
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While speaking to clients regarding their estate plan, the topic of conversation often shifts to … “I wonder if my parents have done any planning?” As we get further into the discussion of expenses – the cost of funerals, burials, cremation, estate administration, etc., I regularly hear … “I am concerned about my parents’ financial […]

Technology Outpaces the Law – Assisted Reproduction


June 25, 2012
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Historically, determining a decedent’s heirs was easy – determine all of the decedent’s living family members on the date of decedent’s death and if decedent’s wife was pregnant on the date of his death, wait to see if the child is born alive.  Now, however, science has provided us with the ability to freeze genetic […]

Life Insurance Policy Review…A Disaster or Solution Waiting to Happen?


May 28, 2012
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For insured’s under the misperception that their life insurance policy is iron clad simply because they pay their annually billed premium, these folks may be in for an abrupt and expensive surprise.  Many policies are designed to stay in force only on the basis of critical assumptions being met or exceeded over the life of […]

Inherited Retirement Accounts Part II: Non-Spouse Beneficiary


April 27, 2012
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We previously discussed the options available to a surviving spouse inheriting a qualified retirement account. This article will address the options available to a non-spouse beneficiary inheriting a qualified retirement account. Just for a brief reminder, for purposes of this article, the term “retirement account” will be used to encompass all qualified retirement accounts, meaning […]

Are Equal Shares in Estate Plans Always Appropriate?


April 23, 2012
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I have helped many people draft their estate plan documents and most have been traditional in the sense that they want to be “fair” to their descendants. If there is a spouse all goes to them, next to their kids in equal shares. Further, the testator (persons for whom the estate plan has been drafted) […]

Inherited Retirement Accounts Part I: Spouse Beneficiary


April 13, 2012
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There is often confusion about what to do when a beneficiary inherits a retirement account. The answer is… it depends. There are different factors to determine the best course of action, such as the beneficiary and the age of the decedent. For purposes of this article, the term “retirement account” will be used to encompass […]

Escheat: Could It Happen To Your Estate?


April 9, 2012
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Escheat is the forfeit of all property to the state when a person dies without heirs, descendants, or named beneficiaries. Escheat of property occurs when it appears from a petition or application for probate, or otherwise in a proceeding in a court, that a decedent left surviving no spouse or kindred. A court then will […]

Arresting Motion: Estate Planning for Artists


February 29, 2012
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Part II: Why? Framing the Issue. “Art is a nation’s most precious heritage. For it is in our works of art that we reveal to ourselves and to others the inner vision which guides us as a nation. And where there is no vision, the people perish.” ~Lyndon Johnson, on signing the Arts & Humanities […]

Upon the death of a business owning spouse


January 7, 2012
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Below is an illustration (a fictitious one) with three things to consider upon the death of a spouse who owns a business. Henry and Wendy celebrated their 30th anniversary last summer with their two children and three grandchildren. At the time of her death in November 2011, Wendy owned an increasingly successful retail business. Henry […]

Baby Boomers Leaving Less to Children


November 8, 2011
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I read a recent “LA Times” article and the message hit home.  My parents have been telling my sisters and me for years now that we are receiving our inheritance when we need it most … now, for expenses such as our education, purchasing our first homes and our weddings.  Apparently my parents are not […]