Category Archives: Estate Planning

I Love it When a Plan Comes Together

By Robin Crouch

Our Firm’s mission statement is: “The Thom L. Cooper Co. is dedicated to building a continuing relationship with each senior client: to protect their wealth from the devastating costs of a catastrophic healthcare situation; to conserve their wealth for their use during their lifetime; to shelter their wealth from unnecessary legal expense or taxes; and to assure that their wealth is transferred to their heirs with minimal cost or delay.”

I love it when a plan comes together!

Case Study: A Husband and Wife came to us in 1999 to develop an estate plan, both were healthy and living on the family farm. Over the years as their health deteriorated, both ended up in a nursing home. The good news is, with the help of their children, they continued to update their plan to protect the farm and other cash assets for their children. As a result of their ongoing planning, Mom’s nursing home bill was paid by the State of Ohio, Dad’s bill was covered by his long-term care insurance, and the children inherited a total estate of $802,000. Even better, after the death of the second spouse, the estate was approved for the Qualified Farm Use Election and the children saved $24,496 in Ohio Estate Tax while inheriting the farm at current market value.

Want to find out how to make your plan come together? Call us at Cooper Law Firm.

Pre-Planning Your Funeral

By Daneen Cline

Few things in life can make a person as uncomfortable as discussing or contemplating their own death.   As adults, we know it is inescapable; it is after all the natural conclusion to a life that has hopefully been long, happy and healthy.  However, the fact that it is inescapable is what makes the majority of us so uncomfortable.   We know it is going to happen, we just don’t know when, where or how it will happen, and it is human nature to fear that which we can’t control.

While we may not be able to control the timing and circumstances of our own passing, we can be in complete control of the funeral process if we just take the time to make our wishes known through pre-planning.

Pre-planning means different things to different people.   Some people will purchase an Irrevocable Burial Contract (IBC) to cover their funeral expenses and consider their job done.  Others will purchase the IBC and go one step further by making their own arrangements.  They will select their casket, vault and headstone and even chose the type of flowers they would like to have.  Still others will do all the above and in addition will do things such as select the music and scripture verses for the service and plan the post funeral gathering for friends and family.

Regardless of what pre-planning means to you and how far you wish to go into the process, the loved ones who will be charged with taking care of your final arrangements will appreciate anything you do to make your wishes known  and assist them with the process.  It might also be a good idea to work on pre-planning your funeral as part of your overall estate plan with an elder law attorney such as the Cooper Law Firm.

Bono, Ledger, Jackson – Bad Examples of Estate Planning

By Angela Hall

How do you motivate someone to consider estate planning? You can educate clients about proper estate planning and how it can help them, their families, and their estate tax returns. The fact of the matter remains, however, that many people will have excuses to push their legal planning until later. They think they have plenty of time.

There are plenty of legitamate reasons to delay: being too busy with the kids, jobs or other responsibilities. Some find it a very uncomfortable subject, or have uncooperative spouses or parents who make it difficult. Whatever the reason, when it comes to proper estate planning it is vital to search out all of your options, and do it before you are facing a crisis. These are just a few examples of celebrities who did not have good estate plan.

  • Sonny Bono was 62 years old when he died unexpectedly in a skiing accident. He did not have a will or trust and left his widow with a lot of complicated issues because of his lack of planning.
  • Heath Ledger failed to update his will after the birth of his daughter, therefore is was a unfortunate that his wishes in regard to how she was to be taken care of were not considered.
  • Michael Jackson caused his family many unnecessary trips to the courthouse because he did not properly “fund” his trust.

Take a lesson from these examples: be certain that your will or trust has been updated and that assets have been transferred into your trust. It’s not enough to just “do” the documents, they need to be done the right way and updated in light of new laws and life changes. It is also vitally important that you hire an attorney that specializes in elder law and estate planning. “One-size-fits-all” forms are not the way to go when it comes to developing an estate plan. Your documents should be customized to fit your particular needs and desires.

What You Can Learn from Gary Coleman’s Poor Planning

By Attorney Renee Fox

Prepare yourself for groundbreaking news: Lady Gaga has more friends on Facebook than you do! In fact, she has more Facebook friends than any other living person. She has more than 10 million friends. Regardless of his death one year ago, Michael Jackson currently has more Facebook friends than Lady Gaga; And many other dead celebrities aren’t doing too bad either. Let’s take a look at the late Gary Coleman; whose estate has recently made headlines.

Gary Coleman’s Estate

Gary Coleman was a child who starred in the TV sitcom Diff’rent Strokes between 1978 and 1986. He grew to hate his catch phrase “Whatchu talkin’ ’bout Willis?”even though it made him millions.

Gary Coleman was paid as much as $100,000 per episode but had financial difficulties later in life. After funds went to his parents, agents, lawyers, and taxes, only a quarter of his earnings may have reached him. After the mismanagement of his Trust by his parents Coleman was forced to declare bankruptcy.

Coleman made appearances, married and divorced, attempted suicide, had kidney transplants, worked as a security guard, was prosecuted for punching a woman who mocked him, collected model trains, and ran for Governor of California in 2003 and placed relatively high in the rankings.

Tragically, Coleman died earlier this year after suffering from a head injury. Three people are in the running to be the special administrator of Coleman’s estate. One is his ex-wife, another is his former girlfriend, and a third is his former manager. Manager Dion Mial relies on a 1999 last will and testament that names him as executor. Former girlfriend Anna Gray relies on a 2005 will. Ex-wife and alleged surviving common law spouse, Shannon Price, filed a 2007 codicil that purports to amend all prior wills. She is hoping to locate a subsequent will naming her as executor.

Logically, the 2005 will would revoke the 1999 will. A handwritten note from 2007 would not have significant legal effect, unless it was executed with all the will formalities, such as witnesses and notaries. But it could be used to show his intent to revoke the 2005 will and may be accepted as a holographic will in some jurisdictions.

Getting married in 2007 could also cast doubt on earlier wills. However, Shannon Price and Mr. Coleman were divorced at the time of his death. Her basis for inheritance rests on her allegation that they reconciled and formed a new relationship after they were divorced. Court documents indicate that the two lived together, shared bank accounts, and held themselves out to the world as married, even after the divorce. Price was also Coleman’s agent in his advanced health care directive, and she gave the order to take Coleman off of life support. At the time of his death, Coleman was living with his ex-wife, Shannon Price, and his death certificate indicates that he was married.

Is this an estate worth fighting over? Remember, he declared bankruptcy in 1990? The answer depends upon the value and size of his estate both at and after death. There is still marketing to be done, book deals to be made, movie rights, and sales of memorabilia to be had. He had a home, a pension, and residual rights. To show the value of such media attention, Price is reported to have photographed Coleman on his deathbed and then sold the photos to the tabloids.

Final Thoughts

Sound estate planning can involve sophisticated plans that protect assets from creditors and predators, avoid unnecessary taxation, and build assets over generations. But there is also something to be said for a simple document that names executors or trustees and distributes your assets according to your wishes. It can avoid years of litigation and family turmoil. Large or small, we all need an estate plan contact the Attorneys at the Thom L. Cooper Company to set up an appointment today.

What Happens If Your Executor Lives Out of State?

By Lauren Cooper

A few months ago Brenda and Sarah came in to discuss what needed to be done following the death of their father, George. Brenda was retired and lived close to George, so she had always been the one who had handled his affairs. Although Sarah was willing to help as needed, she worked full time as a doctor and lived on the other side of the state of Ohio. It was no surprise to them therefore that George’s Last Will and Testament appointed Brenda as the Executrix to handle the administration of his estate. What they did not expect was that the probate court would say that Brenda was unfit to administer the estate because she lived in the state of Kentucky.

In accordance with the county’s regulations, the Magistrate decided that Brenda could not be Executrix of George’s estate, even though Brenda lived only thirty minutes away from the county where George lived, because she was not a resident of the State of Ohio. The Court, against George’s wishes as set forth in his Last Will and Testament, appointed Sarah as the Executor and she begrudgingly had to manage the time consuming responsibilities of being Executrix of the Estate. While state law does not prohibit non-residents of Ohio from serving as Executors, many courts apply this regulation as a local rule. Some probate courts that do allow non-residents to serve usually impose additional regulations on their appointment. These regulations might require the out of state Executor to obtain bond or force the Executor to transfer all assets of the estate to a bank within the boundaries of the County.

The situation that happened to George’s family was unfortunate not only because of the inconvenience that it caused, but also because it could have been so easily avoided if George had established a Living Trust. Because the administration of a Living Trust is private, that is, not monitored by the probate court, it is not subject to the county’s local rules that regulate who is considered to be an appropriate Fiduciary. A Living Trust not only makes the process of administering an estate easier for whomever you appoint, but also can give you the piece of mind that no magistrate can usurp your wishes in regards to whom you appoint to handle your affairs after you pass away.

2010… A Good Year to Die for George Steinbrenner?

By J.M. Megail Gaumer

While to most people there may not exist a good time to pass away, super rich Americans may feel differently.

George Steinbrenner recently passed with an estate of over $1 billion dollars. What that means to his heirs is approximately $500 million that they will receive as an inheritance simply because he died in the right year. Had he died in 2009, the same $500 million would have been paid to cover his federal estate tax bill.

While in 2009 the federal estate tax rate was 45% after a $3.5 million exemption the rate is scheduled to return in 2011 at 55% after only a $1 million exemption. What will the government do??? Who knows, Congress could reinstate the estate tax and make it retroactive to January 1, 2010.

One thing to know is, don’t leave your estate planning to the government. Whether you’re as wealthy as George Steinbrenner, Bill Gates or Steve Jobs or just a third generation family farmer, you need to plan to pass away. After all, with so few certainties in life we do know that we all have to live, die and pay taxes… (at least we thought we did).

Grandchildren Trusts: A Way to More Safely Give Gifts to Children

By Attorney Renee Fox

Many grandparents want to pass their wealth to their families while they are still alive. Gifts to grandchildren can be a good way to reduce a taxable estate and you can give a child or grandchild $13,000 (in 2010) a year without incurring estate taxes on the gift.  However, you probably don’t want a young child receiving the money outright.  A “Crummey” trust provides a way to take advantage of the gift tax exclusion while keeping the money in a trust until the child is old enough to manage it.

You may have heard of “custodial accounts” for kids, set up through the probate court in your area where the parent or guardian watches over the child’s account until they are of age. The downside of these accounts is that the child has the right to the money when he or she reaches the age of majority. Most of our clients believe that an 18 year olds are not mature enough to handle a large sum of money.

The benefit of putting money for a child into a trust rather than a custodial account is that you can decide when the money will be given to the child and how much the child will receive. But putting money into a regular trust presents one big problem: In order for the gift to avoid being taxed, the child must have a “present interest” in the money. Because a promise to give someone money later does not count as a present interest, most gifts to trusts aren’t excluded from the gift tax.

The Crummey trust is designed to allow you to put money into a trust

and receive a gift tax exclusion. The trust includes a provision that gives the beneficiary a temporary right to withdraw money from the trust. After a certain amount of time has passed (usually 30 days), the beneficiary can no longer withdraw the money and it becomes a part of the trust. It is very important that you notify the beneficiary of the gift and his or her right to withdraw the gift or the IRS will not apply the gift tax exclusion. There is the risk that the beneficiary will withdraw the money right away, but you can make it clear (but not in writing) that any withdrawals will mean that he or she will not get any more gifts from you. Once the money is in the trust, you control how much the beneficiary can receive and when.

Before setting up a trust, be sure to talk to the attorneys at the Cooper Law Firm to understand your options and determine the best option for your particular situation.

Choosing the Right Type of Care For Your Parent

By Daneen Cline

You have been noticing changes in your mother’s behavior that have you concerned.  You have started calling her a few times a day, just to make sure she is ok.  You have increased your visits from once a week to every other day because you noticed that the house isn’t in the same state of cleanliness it has always been and that personal hygiene seems to be slipping as well.  You know that something needs to be done about this but you have no idea what to do.   Does this sound familiar?  Most of us will face this situation with our parents and very few of us will know how to handle it.  How do you decide what is the right amount of assistance? Maybe having someone stop in every day for a couple of hours to assist with basic housekeeping and personal care is enough, or maybe an Assisted Living Facility is the best place for mom to be.   And how can you even broach this subject with your mother, who has always been very independent?  And finally, can your mother afford to pay for the care she needs?

We are fortunate because we have the Internet at our disposal to help with the answers to all these questions.  We type a few key words into our favorite search engine and are rewarded with hundreds of websites that will assist us with this difficult decision.  Deciding which website to visit is almost as daunting as the problem that sent you to the Internet for the information.  You must be aware that some information on the Internet are not telling the whole story – for this, you should consider consulting an elder law attorney.

The following websites are ones that I have used often and found helpful. They cover a variety of topics including the types of care available, government agencies and the programs they offer, and an explanation of the different types of residential settings for seniors.

http://www.homecareohio.org/

http://www.ohioaging.org/

http://aging.ohio.gov/services/ombudsman/regional.aspx

http://www.proseniors.org/

For more information about programs that may be available to your parent and options to pay for them, contact our office.

Avoid Hide and Seek with Your Parents’ Affairs

by Jennifer Morningstar

Webster’s definition of ‘organize’ is “to arrange by systematic planning and united effort”. I like to think that having a system and making an effort helps keep my cases organized. And it helps when our clients think the same way. I realize that many times Mom, Dad or your spouse didn’t tell you where they keep their important documents, their bills, or even their identification.

So when it comes time to help them out in a crisis, you are now in the middle of “Hide and Seek”. In planning ahead, it is always a good idea to let a loved one know where you keep your “stuff”. There are several documents that you will need in a time of crisis, so why not be prepared now and save yourself the aggravation; you will already have enough to worry about.

Here are some items that you may need to get your hands on:

  • Of course, there will always be that one thing that is needed that you cannot find, but it will make life easier on yourself if you start getting this information in a location that can be found. It’s pretty hard to win the game of Hide-and-Seek if you don’t’ even know where to start looking.
  • Social Security cards
  • health Insurance cards
  • military discharge records
  • deeds to properties
  • cemetery lot records
  • stock certificates
  • vehicle titles
  • bank statements
  • life insurance policies
  • tax returns
  • any and all legal documents that have been created

Of course, there will always be that one thing that is needed that you cannot find, but it will make life easier on yourself if you start getting this information in a location that can be found. It’s pretty hard to win the game of Hide-and-Seek if you don’t even know where to start looking.

Will Contests – An Unnecessary Evil

By Lauren C. Cooper

Movies and TV lead the average citizen to believe that will contests, like those for Anna Nichole Smith, Marlon Brando or James Brown, are a normal and inevitable part of administering any estate.  While will contests for estates that require probate are occurring more frequently than you might think, they are not inevitable.  There are planning techniques that can avoid the trouble and cost of a will contest.  One less commonly known advantage of trusts is that they can minimize the risk that an individual’s estate will be contested.  In addition, our trusts also have a “you pay” provision that any trust beneficiary who asks for special appraisals or hearings pays these costs from their share and not from other beneficiaries’ shares.

All of the Trusts prepared by the Thom L. Cooper Company have what is known as a “No Contest Clause”, which states that any heir who attempts to contest the Trust Agreement will be immediately disinherited and that their interest in the Trust Estate will then be divided amongst the remaining beneficiaries.  This may seem somewhat harsh, however it’s effectiveness is undeniable.

The motivating factor in the majority of all will contests is that an heir believes that they deserve a larger portion of the decedents estate.  The No Contest Clause and “you pay” provisions remove this motivation because the heir is aware that if they try to fight the distributive arrangement, they will receive nothing.  My experience with estate administration has shown me that when money is involved even the most amiable families relationships can become strained.  When all of the heirs know that fighting the decedents wishes will not benefit them, they are encouraged to not argue through their Attorneys and work together.  The No Contest Clause is a small aspect of our Trusts that offers a tremendous increase in your peace of mind knowing that after you pass away your wishes will be peacefully carried out.



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