Estate Planning

October 19, 2016

The Insolvent New York Estate

The legal entity that owns and controls a person’s property after they die is known as an estate. The person who leaves behind an estate is called the decedent. It is customary for the decedent to appoint someone to administer the estate and act as the executor of the estate in his or her last will and testament.

The executor of the estate fulfills many roles and responsibilities for the estate throughout the probate process. One of the most important duties that an executor performs is to pay off any final expenses that the decedent incurred as well as to pay off any debts and claims against the estate. New York Surrogate’s Court Procedure Act dictates what debts and expenses should be paid out of a decedent’s estate first. However, sometimes it is not possible for an estate to satisfy all of its debts and obligations.

The Insolvent Estate

October 17, 2016

What Assets Go Through Probate In New York?

by Ettinger Law Firm

Probate is the legal process that takes place after a person passes away. It typically involves submitting a valid will to the surrogacy court in New York state, taking inventory of the deceased’s estate’s assets, paying off the estate’s liabilities and distributing the estate assets to the beneficiaries designated in the will. What assets go through probate though are not always what the deceased or the future beneficiaries expect. Only certain assets are considered probate assets and pass ownership through New York probate proceedings.

Probate Assets

Probate assets are those who are owned individually by the decedent or person who has passed away. These assets are a part of the decedent’s estate because they have not been disposed of through other testamentary instruments like a trust or been passed on through a survivorship right or named beneficiary designation. Typical examples of a probate asset is all the property left in a person’s residence, the residence itself, bank accounts and cars.

October 13, 2016

IRS Allows Trust Modification Without Forfeiting Exemption

by Ettinger Law Firm

A Recent Private Letter Ruling By The IRS Concluded That A Modification To A Faulty Fiduciary Provision Did Not Result In A Loss Of The Trust’s Grandfathered Generation Skipping Transfer Exempt Status

The taxpayer who submitted the modifications to the inter vivos trust for an IRS private letter ruling found himself bound a set of unfortunate circumstances. Due to the requirements of the successor trustee and appointment provisions and distribution requirements under the terms of trust, future trustees could not be appointed and distributions could not be made to the beneficiaries of the trust. Essentially the terms of the trust had frustrated the purpose of the trust. The beneficiaries were not benefiting from the corpus of the trust and the future of the trust was at risk.

Satisfying Treasury Regulations

October 11, 2016

The Danger of Unrestricted Bequests and Gifts

by Ettinger Law Firm

The Inheritance Left To University of New Hampshire By A Long Time Library Employee Was Spent In A Way That Raised A Few Eyebrows

Longtime University of New Hampshire library cataloguer died last year at the age 77. As his final wish to the world he left the entirety of his estate to the university where he graduated from and worked for most of his life. What shocked many though is the size of the humble librarian’s estate: four million dollars accumulated over a lifetime working for the university and living frugally.

But while many at the University of New Hampshire are thankful for the gift, the way the administration has decided to spend it has many asking if the university is honoring the librarian’s memory. One million dollars is being used to install a new video scoreboard at a new University of New Hampshire football stadium. Many students, alumni and community members wonder if this is the best way to use the funds considering the librarian’s occupation and passion for literature.

October 9, 2016

IRS Rules Now Reflect Updated Same Sex Marriage Rulings

by Ettinger Law Firm

New Department of the Treasury and Internal Revenue Service Final Regulations Now Reflect Supreme Court’s Obergefell v. Hodges and Windsor v. United States Rulings

On September 2nd, the final regulations that reflect the holdings of the Supreme Court rulings that upheld same-sex marriage laws around the country as well as Revenue Ruling 2013-173 were released to the public. The new terms in the regulations reflect the new descriptions of marital status of taxpayers for federal tax purposes.

A Brief History Lesson

October 5, 2016

What You Need To Know About Multinational Estate Planning

by Ettinger Law Firm

One of the more unique present day aspects of estate planning comes from the very mobile and connected nature that many people who need estate planning have. Many people will not just move across countries for their jobs but across borders. Globalization has brought the world closer together but added another layer of complexity for when it comes to protecting and planning for assets. A citizen of the United States needs to know what law governs taxation and their estate for their income, assets and holdings both in the United States and abroad.

Taxation Is Everywhere

Despite what many may believe, U.S. citizens and resident aliens are subject to U.S. income and estate tax on their worldwide assets. It does not matter what country those assets might be in, the income and assets must be reported. In fact, U.S. Citizens working overseas and foreign citizens considered residents of the United States must file reports with the IRS if the total value of their foreign financial accounts exceeds $10,000 at any time during the year. U.S. citizens who are officers or directors in a foreign corporation who own more than 10 percent of the foreign corporation must also report ownership.

October 3, 2016

Estate Planning – Learning From Gene Wilder

by Ettinger Law Firm

2016 will undoubtedly go down as an infamous year of celebrity deaths and the unfortunate passing of celebrities continue. The world lost one of its funniest men this past August: Gene Wilder, star of Blazing Saddles, Willy Wonka and the Chocolate Factory, Young Frankenstein and The Producers. He continued to be active later in his life, penning short stories and novellas while contributing to his charity work. Mr. Wilder passed at age 83 from complications due to Alzheimer’s disease.

Past Spouses Must Be Accounted For

While details of Mr. Wilder’s estate remain sparse at the moment, there are no rumblings or rumors of will contests or estate disputes despite the estimated value of Mr. Wilder’s $20,000,000 estate. This is impressive, especially considering that Mr. Wilder was married four times during his lifetime. Having previous divorces can bring numerous complications to estate planning as we have covered before. Considerations for past divorce decrees as well as keeping up to date estate planning documents must be made to prevent a legal mess after a person’s passing.

October 1, 2016

Planning Your Marriage And Estate Starts With A Prenuptial Agreement

by Ettinger Law Firm

More and more Americans are getting married multiple times. As multiple marriages become more common, proper estate planning becomes more important. Tools such as prenuptial agreements can create an additional level of protection for you and your loved ones.

Protecting Family Heirlooms: Dave & Mary

Prenuptial agreements can be especially helpful if you or your spouse have children from prior marriages. Many people who remarry would like all or part of their estate to go to their children. Heirlooms or even family homes are often passed on the children. However, without proper estate planning these wishes could be ignored.

September 28, 2016

Back to Basics: Your First Estate Planning Meeting

by Ettinger Law Firm

The first time you meet with your estate planning attorney can be stressful and emotional. Many people go into the meeting not knowing what to expect. In order to make your first meeting as painless and hassle free as possible, here are a few things to consider ahead of time

Think About Your Wishes Beforehand

Come to the meeting prepared. During this meeting, you will be making decisions that will affect your future and your family for generations to come. Estate planning decisions should not be made lightly. The size of your estate and the unique makeup of your family can determine aspects of your plan. Consider your specific needs.

September 14, 2016

Keeping Your Life and Assets Private

by Ettinger Law Firm

Prince’s lack of estate planning in life has made quite a mess for his potential heirs as we have covered in the past. The slow moving probate proceedings are also preventing his estate from fully monetizing his image and collecting potential revenue. This week though the Minnesota probate judge gave the go ahead for the administrator of Prince’s estate to sell six of the late artist’s properties. This order does nothing to touch the much more valuable part of Prince’s estate such as his likeness, music catalogue, personal home or recording studio.

Your Life Out In The Open

But how exactly do we know the extensive real estate listings and assets held by Prince? That is because court proceedings are public knowledge and any court filings in a probate court are public records. That means that when you pass, if you have to go through probate chances are any assets you have at the time of your death will be catalogued and listed. Probate records include wills, estate inventories, letters of administration and other documents relating to the administration and settlement of deceased persons’ estates. These records also contain information on the property of decedents, the identity and relationships of heirs, and legal actions taken to prove wills and settle estates.