Did Little Richard Have a Smart Estate Plan?

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Little Richard’s primary career was about 35 years in length, which was plenty of time to generate significant wealth, says Wealth Advisor’s recent article entitled “Does Little Richard’s Son Inherit His $40 Million Career Or Will God Get Everything?”

Estimates are that Little Richard generated at least $40 million in the span of his career, but the question is whether much of that money is left or even if there are people around to claim it. Little Richard most likely left the majority of his estate to his son Danny.

There is also a good chance that religious charities will get some of his estate, since Richard may have decided to leave it all to one or more church organizations.

The big question is how much money and property there is to distribute. As far as assets, they may be scarce. The authorship of the hits like “Tutti Frutti” is disputed, but Richard’s birth name “Penniman” is on the original singles as composer. However, Little Richard sold the publishing rights in the mid-1950s and the intellectual property eventually ended up at Sony. He sued numerous times, trading cash settlements for royalty rights each time. As a result, Little Richard has no vast copyright library with which his heirs can generate income.

Everything else is cash. Little Richard had no foundations or charities. He was a private person and died that way.

Little Richard’s challenges were the same as the ones that face others: longevity and income. You should plan well enough to have sufficient income on which to live. You don’t want to outlive your income.

His song publishing should have been the major component to Little Richard’s retirement plan, but he sold that away very early. Without the royalties or the ability to trade them for a lump sum check, he was effectively a mere performer paid by the show. When he stopped touring, that money stopped. Likewise, because he stopped recording decades ago, that money dried up as well.

Little Richard seems to have garnered enough money settling his lawsuits to live nicely, so he didn’t need to work. However, who knows if he left $40 million. He was still able to pay his bills and didn’t have to tour from a wheelchair at county fairs. He made choices that aligned with his conscience and religious views.

Perhaps Little Richard didn’t have a lot of money in the end, but it was “enough.”

Reference: Wealth Advisor (May 11, 2020) “Does Little Richard’s Son Inherit His $40 Million Career Or Will God Get Everything?”

How Long Do You Have to Settle an Estate?

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The beneficiaries of an estate are recently eager to receive their inheritance. In a common scenario, a trust was left instead of an actual will. All the parties received their respective shares, except for the two brothers and a sister who is the trustee. The trust instructed the brothers to divide the estate property in half for each of them. The sister was to get $15,000.

However, one of the brothers lives in the home.

As you may know, the administrator or executor of an estate has the job of collecting the decedent’s assets, paying debts, making distributions to the beneficiaries, and finally closing the estate in an expeditious manner.

nj.com’s recent article entitled “How long does it take to pay out a family trust?” tries to sort out what the siblings need to do to settle the estate. The key factor in this scenario is the wording of the trust.

There are situations in which a trust is used as a substitute for a will. In that case, a person’s assets are placed in a trust. The trustee pays all the liabilities and administers the assets in the trust in accordance with the instructions of the trust during the individual’s life and after her death.

Even when trusts are used as will substitutes, they aren’t always designed to be closed with distribution to happen immediately after the debts are paid, as in the case of the estate. The terms of the trust dictate the trustee’s duties as to the distribution of trust assets.

If you’re a beneficiary of a trust and think that the trustee is breaching his fiduciary duties, you should inform the trustee of the nature of the suspected breach. If nothing is done to remedy this, you may ask the court for help.

One option is that you can request the court to order the trustee to take actions, which you state in your complaint filed with the probate court. Another option is to request that the court direct the trustee to stop taking specific actions that you detail in your complaint.

A third choice is to ask the court to remove the trustee due to breach of fiduciary duties that you set forth in your complaint filed with the court.

However, such court intervention can be expensive. Another thing to consider is that the trustee may petition the court to have his legal fees paid from the trust funds—which will deplete the money in the trust. Because of this, it is usually best to attempt and resolve these issues before getting the court involved.

Reference: nj.com (Feb. 12, 2020) “How long does it take to pay out a family trust?”

How Do I Protect Property If I Need Long-Term Care?

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Nearly 90% of those over age 65 would say they’d prefer to stay in their home and live independently as they age. However, even if you are one of those people, you need to make certain that you have a long-term care plan in place to ensure your assets can go toward the things you want, rather than unexpected healthcare costs.

The Observer-Reporter’s recent article entitled “Protecting Your Assets is Only Half of Your Long-Term Plan” explains that there are many factors, like chronic conditions and lifestyle choices, that can increase healthcare expenditures as you get older. Understanding and planning for the potential costs now, could be the difference between spending your savings on health care expenses, instead of on the things you want.

You may be concerned about being a burden to family and friends as you age. That’s common since nearly three-quarters (72%) of parents expect their children to become their long-term caregivers. However, just 40% of those children are aware they were tapped for that role!

Research shows that when family and friends assume the role of primary caregivers, they have a 60% chance of exhibiting clinical signs of depression—six times more than the general population. Having your family and friends become your caregivers may be best for you financially, but it probably isn’t in their best interest.

You should have a sound understanding of the cost and burden that long-term care can put on your family and friends. This is the first step to preparing your long-term plan. It is important to understand that there are a few different long-term planning options available, with varying levels of care coverage. One is Medicaid, which is a means-tested government health insurance plan that can cover some or all of the care you may need in a skilled nursing facility. However, what it covers is income- and asset-based. Medicare may cover some limited long- term care for rehabilitation but typically not custodial care.

There is also long-term care insurance which can fill many of the gaps that Medicare and Medicaid may leave. Most plans are customizable and have options for full or partial coverage for all of the types of long-term care. However, there may still be gaps in your coverage.

Ask an elder law attorney about other options and resources.

Reference: (Washington, PA) Observer-Reporter (Feb. 17, 2020) “Protecting Your Assets is Only Half of Your Long-Term Plan”

How to Talk to a Parent Suffering from Alzheimer’s or Dementia during the Pandemic

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If you have a parent living in an assisted living facility or a nursing home, or they’re at home, caregivers need to know how to explain the current coronavirus pandemic in an appropriate and clear manner—and in a way that protects and cares for your own personal health.

Long Island Weekly’s recent article entitled “Caregiving During The Coronavirus” explains that older adults often have more health complications, like heart disease, diabetes, and hypertension. As a result, they’re more susceptible to the complications of the coronavirus. Review the recommendations of the Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) for protecting you and your family from exposure.

And although some people suffering from Alzheimer’s or dementia may not fully understand the complexity and severity that the COVID-19 pandemic is having on our communities, they can sense what’s happening. They can read your personal energy and can sense your stress. This may cause them to show more symptoms of anxiety, agitation, cognitive decline, and confusion. Communicate as best you can to your parent frequently and clearly about what’s happening. While they may not need to have all the details, let them know that there’s a virus spreading within the community and that we need to wash our hands thoroughly and stay indoors.

For those still being cared for at home, take the necessary precautions as you’d do for yourself. Modify your grocery shopping trips, since stores are adding special senior hours, reschedule unnecessary doctor visits, stock up on needed medications, and talk to your doctors about any concerns.

For those in a facility, understand the visitation policies, because many have adjusted their policies to limit or prohibit personal visitation. Ask the administration about visitation and what the care facility is doing to ensure your parent’s care.

Although you might be frustrated that your parent’s facility is limiting or canceling visitation, remember that the new rules are designed to protect the residents. You may be able to schedule a time to speak with your mother or father on the phone every few days, or you can deliver food or items, like photos albums or other gifts to stay connected. Try to be reasonable and understand that these facilities may be understaffed.

Here are a few key points that may be helpful to get through this crisis:

  • Have a talk with your parent and with the facilities in which they’re living, so they can understand the new policies.
  • Be careful yourself. Take reasonable precautions for yourself and your family member.
  • Avoid public spaces. This includes routine, or non-essential doctor visits, grocery shopping, and other visits.
  • Stay upbeat. Know the latest news and guidelines but try to remain calm, because your parent may sense your stress and reflect that.

Be reasonable and understanding and try your best in these uncertain times—for yourself and your loved one.

Reference: Long Island Weekly (April 12, 2020) “Caregiving During The Coronavirus”

What Happens when Mom Refuses to Create an Estate Plan?

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This is a tough scenario. It happens more often than you’d think. A family member owns a home, investment accounts, and an inheritance, but doesn’t want to have an estate plan. They know they need to do something, but keep putting it off—until they die, and the family is left with an expensive and stressful mess. A recent article titled “How to Get a Loved One to Visit an Estate Planning Attorney Before It’s Too Late” from Kiplinger, explains how to help make things right.

Most people put off seeing an estate planning attorney, because they are afraid of death. They may also be overwhelmed by the thought of how much work is involved. They are also worried about what it all might cost. However, if there is no estate plan, the costs will be far higher for the family.

How do you get the person to understand that they need to move forward?

Talk with the financial professionals the person already uses and trusts, like a CPA or financial advisor. Ask them for a referral to an estate planning attorney they think would be a good fit for the person who doesn’t have an estate plan. It may be easier to hear this message from a CPA, than from an adult child.

Work with that professional to promote the person, usually an older family member, to get comfortable with the idea to talk about their wishes and values with the estate planning attorney. Offer to attend the meeting, or to facilitate the video conference, to make the person feel more comfortable.

An experienced estate planning attorney will have worked with reluctant people before. They’ll know how to put the older person at ease and explore their concerns. When the conversation is pleasant and productive, the person may understand that the process will not be as challenging and that there will be a lot of help along the way.

If there is no trusted team of professionals, then offer to be a part of any conversations with the estate planning attorney to make the introductory discussion easier. Share your own experience in estate planning, and tread lightly.

Trying to force a person to engage in estate planning with a heavy hand, almost always ends up in a stubborn refusal. A gentle approach will always be more successful. Explain how part of the estate plan includes planning for medical decisions while the person is living and is not just about distributing their assets. You should be firm, consistent, and kind.

Explaining what their family members will need to go through if there is no will, may or may not have an impact. Some people don’t care, and may simply shrug and say, “It’ll be their problem, not mine.” Consider what or who matters to the person. What if they could leave assets for a favorite grandchild to go to college? That might be more motivating.

One other thing to consider: if the person has an estate plan and it is out of date, that may be just as bad as not having an estate plan at all, especially when the person has been divorced and remarried. Just as many people refuse to have an estate plan, many people fail to update important documents, when they remarry. More than a few spouses come to estate planning attorney’s offices when a loved one’s life insurance policy is going to their prior spouse. It’s too late to make any changes. A health care directive could also name a former brother-in-law to make important medical decisions. During a time of great duress, it is a bad time to learn that the formerly close in-law, who is now a sworn enemy, is the only one who can speak with doctors. Don’t procrastinate, if any of these issues are present.

Reference: Kiplinger (May 11, 2020) “How to Get a Loved One to Visit an Estate Planning Attorney Before It’s Too Late”

Did Kirk Douglas Leave His Wealth to His Son Michael?

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Kirk Douglas, who died in March at the age of 103, made sure that he gave $50 million away via the Douglas Foundation at his death.

Wealth Advisor’s recent article entitled “Kirk Douglas’ $61M fortune given mostly to charity, none went to son Michael Douglas” reports that the beneficiaries included St Lawrence University, Westwood’s Sinai Temple, Culver City’s Kirk Douglas Theatre and Children’s Hospital Los Angeles.

Kirk’s Oscar-winning actor Michael is not listed as a beneficiary. That is okay, because he’s worth about $300 million on his own.

Michael announced the death of his father on February 5 in an Instagram post. He included several photos of his famous father and family members.

“It is with tremendous sadness that my brothers and I announce that Kirk Douglas left us today at the age of 103. To the world, he was a legend, an actor from the golden age of movies who lived well into his golden years, a humanitarian whose commitment to justice and the causes he believed in set a standard for all of us to aspire to.”

Michael went on to add, “But to me and my brothers Joel and Peter he was simply Dad, to Catherine, a wonderful father-in-law, to his grandchildren and great-grandchild their loving grandfather, and to his wife Anne, a wonderful husband.”

Michael finished his Instagram message by writing, “Kirk’s life was well-lived, and he leaves a legacy in film that will endure for generations to come, and a history as a renowned philanthropist who worked to aid the public and bring peace to the planet. Let me end with the words I told him on his last birthday, and which will always remain true. Dad – I love you so much and I am so proud to be your son.”

Kirk Douglas was a three-time Oscar nominee, known for his roles in “Spartacus” and “Ace in the Hole.”

He was buried at the Pierce Brothers Westwood Village Memorial Park and Mortuary. In addition to Michael, some of the mourners were Kirk’s wife of 65 years, Anne Buydens, and his other sons Peter and Joel.

Reference: Wealth Advisor (March 3, 2020) “Kirk Douglas’ $61M fortune given mostly to charity, none went to son Michael Douglas”

What Do I Do If I’m Named Financial Power of Attorney?

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A financial power of attorney (POA) is a document whereby the “principal” appoints a trusted someone known as the “attorney-in-fact” or “agent” to act on behalf of the principal, especially when the principal is incapacitated. It typically permits the attorney-in-fact to pay the principal’s bills, access their accounts, pay their taxes, and buy and sell investments or even real estate. In effect, the attorney-in-fact steps into the shoes of the principal and is able to act for them in all matters, as described in the POA document.

Kiplinger’s recent article entitled “What Are the Duties for Financial Powers of Attorney?” says these responsibilities may sound overwhelming, and it’s only natural to feel this way initially. Let’s look at the steps to take to do this important job:

  1. Don’t panic but begin reading. Review the POA document and determine what the principal has given you power to do on their behalf. A POA will typically include information addressed to the agent that explains the legal duties he or she owes to the principal.
  2. See what you have to handle for the principal. Create a list of the principal’s assets and liabilities. If the principle is organized, it’ll be easy. If not, you will need to find their brokerage and bank accounts, 401(k)s/IRAs/403(b)s, the mortgage, taxes, insurance, and other bills (utilities, phone, cable, and internet).
  3. Protect the principal’s property. Be sure the principal’s home is secure and make a video inventory of the home. If it looks like your principal will be incapacitated for an extended period of time, you may cancel the phone and newspaper subscriptions. You may need to change the locks on the principal’s home. If you have control of the principal’s investments and their incapacitation may continue for a long time, review their brokerage statements for high-risk positions that you don’t understand, like options, puts and calls, or commodities. Get advice on liquidating positions you don’t have the know-how to handle.
  4. Pay all bills, as necessary. Look at your principal’s bills and credit card statements for potential fraud. Perhaps you should suspend their credit cards that you won’t be using on the principal’s behalf. Note that they may have bills automatically paid by credit card and plan accordingly.
  5. Pay the taxes. Many powers of attorney give the agent the power to pay the principal’s taxes. If so, you’ll be responsible for filing and paying taxes during the principal’s lifetime. If the principal passes away, the executor of the principal’s last will is responsible for preparing any final taxes.
  6. Keep meticulous records. Track every expenditure you make and every action you take on the principal’s behalf. You’ll be asked to demonstrate that you have upheld your duties and acted in the principal’s best interests. It will also be important for you to receive reimbursement for expenses, and (if the power of attorney provides for it) the time you spent acting as agent.

Finally, you must always act in the principal’s best interest.

Reference: Kiplinger (April 22, 2020) “What Are the Duties for Financial Powers of Attorney?”

Should I Use My 401(k) Now in the Pandemic?

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Many Americans are struggling with what to do with their retirement savings, as we endure the COVID-19 pandemic. Many don’t know if they should stand pat or cash in their savings.

The new CARES Act makes it easier for us to tap our 401(k) and retirement accounts. However, there may be significant long-term effects for your financial security.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress signed into law by President Trump on March 27. The law provides more than $2 trillion in economic relief to protect the American people from the public health and economic impacts of COVID-19. The Act provides fast and direct economic assistance for American workers, families, and small businesses, as well as preserving jobs for American industries.

CNBC’s recent article entitled “Tapping Your 401(k): Is now the right time to do it?” says that if you need emergency cash, and your 401(k) is your only source of funds in this pandemic, taking a short-term loan from your retirement account as a “last resort” may be a wise option.

While you will be repaying yourself rather than paying 11% interest on average on a personal loan, know that you’re borrowing from your financial future and possibly risking your financial security in retirement.

The CARES Act lets you borrow up to $100,000 (double the previous loan limit of $50,000) from your 401(k) and delay repayment for up to a year. After you borrow, you’ll typically have to repay the loan within five years, depending on the terms of your 401(k) plan. Under the CARES Act, loan payments due in 2020 can be delayed for up to a year from the time you take out the loan. However, if you can’t pay back the loan within the time frame designated by your plan, your outstanding balance will be taxed like a withdrawal. That means you’ll also pay a 10% early withdrawal penalty.

If you leave your job — regardless of whether by choice — there’s a good chance your plan will require you to repay the money back quickly. If you don’t, your account balance will be decreased by the amount owed and considered a taxable distribution. This choice must factor in the length of time before you need your money, your ability to save, and your comfort level with risk.

You can also take a penalty-free distribution from your IRA or 401(k) of up to 100% of your balance or $100,000, whichever is less. You aren’t required to pay the 10% early withdrawal penalty, if you’re under age 59½ and you can pay taxes on the money you take out over a period of three years or pay no tax, if you pay it all back. However, your employer must agree to adopt these new rules for your existing 401(k) plan.

Reference: CNBC (April 20, 2020) “Tapping Your 401(k): Is now the right time to do it?”

What’s the Difference between Revocable and Irrevocable Trusts?

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A trust is an estate planning tool that you might discuss with an experienced estate planning attorney, beyond drafting a last will and testament.

KAKE.com’s recent article entitled “Revocable vs. Irrevocable Trusts” explains that a living trust can be revocable or irrevocable.

You can act as your own trustee or designate another person. The trustee has the fiduciary responsibility to act in the best interests of the trust beneficiaries. These are the people you name to benefit from the trust.

There are three main benefits to including a trust as part of an estate plan.

  1. Avoiding probate. Assets held in a trust can avoid probate. This can save your heirs both time and money.
  2. Creditor protection. Creditors can try to attach assets held outside an irrevocable trust to satisfy a debt. However, those assets titled in the name of the irrevocable trust may avoid being accessed to pay outstanding debts.
  3. Minimize estate taxes. Estate taxes can take a large portion from the wealth you may be planning to leave to others. Placing assets in a trust may help to lessen the effect of estate and inheritance taxes, preserving more of your wealth for future generations.

What’s the Difference Between Revocable and Irrevocable Trusts?

A revocable trust is a trust that can be changed or terminated at any time during the lifetime of the person making the trust. When the grantor dies, a revocable trust automatically becomes irrevocable, so no other changes can be made to its terms.

An irrevocable trust is essentially permanent. Therefore, if you create an irrevocable trust during your lifetime, any assets you place in the trust must stay in the trust. That’s a big difference from a revocable trust: flexibility.

Whether a trust is right for your estate plan, depends on your situation. Discuss this with a qualified estate planning attorney. This has been a very simple introduction to a very complex subject.

Reference: KAKE.com (March 31, 2020) “Revocable vs. Irrevocable Trusts”

Will Paris Hilton See Her Dad’s Wealth?

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Barron Hilton’s father, hotel magnate Conrad, purchased his first hotel in Texas in 1919. His timing was perfect, as the oil boom ensured rooms were fully booked and could sometimes be turned over three times in a day. He then built the Dallas Hilton in 1925 and three more Hiltons in the state in the next five years. He eventually expanded his holding to create the world’s first international hotel chain. By 1966, his son, Barron, replaced him as president of Hilton Hotels.

In 1979, at the age of 91, Conrad Hilton died of natural causes, leaving $10,000 each to his nephews, nieces, and daughter, and $500,000 to his two siblings. The remainder of the estate was bequeathed to the Conrad N. Hilton Foundation, which he had founded in 1944.

Celebrity Net Worth’s recent article entitled “Barron Hilton Fulfilled His Promise To Not Leave Any Money To Paris Hilton,” notes that Barron contested his father’s will and ended up settling for four million shares of the company. Years later, Barron watched in horror as his granddaughter Paris tarnished the Hilton name. Barron sent a message. He made an estate plan that excluded Paris’ father and her siblings. His entire fortune would be donated to charity through the family’s foundation, because he felt Paris’ and Nicky’s sex tapes, reality shows, DUIs and other embarrassments sullied the family name.

At Christmas 2007, Barron announced to his family that he was making a major change to his will. Instead of leaving his $4.5 billion fortune to his family, he was leaving the bulk of his estate to the Conrad N. Hilton Foundation. He left 97% to the foundation and split the remaining 3% ($135 million) between about 24 members of his family. So rather than inheriting about $181 million each, the Hilton family members would get $5.6 million each.

It looks like Paris was entirely cut out of her dad’s will, and she didn’t get a penny from her grandfather. Barron died in 2019, and his will instructed 97% of his fortune to be given to the Conrad N. Hilton Foundation for disaster relief, treating children with HIV and AIDS, poverty alleviation, and helping homeless shelters.

Barron continues to reinforce his message to Paris and his family from the grave. He was the second-largest philanthropist in U.S. last year with the $2.4 billion he donated to charity. He’ll probably be up there again, as one of the most generous Americans in 2020 since he still has $2 billion to donate.

Reference: Celebrity Net Worth (March 2, 2020) “Barron Hilton Fulfilled His Promise To Not Leave Any Money To Paris Hilton”