Feb 17, 2012 / By:
Bradley B. Anderson, Estate Planning Attorney / Category:
Pet Planning
Owning a dog is rewarding in a number of different ways, and for seniors a dog could provide a very welcome companion at a time when loneliness can be an issue. There is no replacing your family of course, but for many people, dogs are indeed man’s best friend. You may find that a canine in the household will uplift your mood and perhaps even provide you with protection.
If you are a dog owner you should consider who would be caring for your pet if you were to pass away before the animal. This is obviously a serious consideration for senior citizens who own pets, but it is also important for anyone who owns an animal just as a precaution because life is uncertain at any age.
Your first task is going to be choosing a capable caretaker. It is very possible that a particular person will immediately come to mind. You may have a friend or family member that knows the pet well and who already has somewhat of a relationship with the animal.
Once you determine who would become the pet’s caretaker in the event of your death you have to consider the financial side of things. You can provide financial resources to the caretaker by giving this individual a direct inheritance earmarked for the pet’s care. A better option, however, would be to create a pet trust for the benefit of your dog. Doing so will keep your pet from becoming a burden to those left to care for it.
If you have any questions about pet planning, simply take a moment to arrange for a consultation with a good Northern Nevada estate planning lawyer.
Anderson, Dorn & Rader, Ltd is a member of the American Academy of Estate Planning Attorneys.
Feb 06, 2012 / By:
Bradley B. Anderson, Estate Planning Attorney / Category:
Estate Planning
Statistics tell us that only around half of Americans have any type of estate plan in place. Going through life without an estate plan is taking a risk that can easily be eliminated. If you need some motivation, simply envision where your family would be if you were to pass away today. When you make plans for all contingencies you are protecting those that you love.
If however you deceased without an estate plan in place the intestacy rules of succession would apply. “Dying intestate” means dying without having executed a valid last will. There are those who understand that there are intestacy laws of succession. They may not take estate planning very seriously because they assume that their next of kin will inherit their estate. This could be a crucial mistake. You may be shocked who would actually inherit your estate under the laws of intestacy.
The estate will be administered under the jurisdiction of the probate court if you die intestate. Tthe probate process can be extremely time-consuming, expensive and public in nature. Also, iterested parties can delay the process with objections and creditor claims.
The fact of the matter is that estate planning is not optional if you truly care about the well-being of your family. If you are currently unprepared now would be a good time to take action and arrange for a consultation with a good Reno Estate Planning attorney.
Anderson, Dorn & Rader, Ltd is a member of the American Academy of Estate Planning Attorneys.
Feb 03, 2012 / By:
Bradley B. Anderson, Estate Planning Attorney / Category:
Financial Planning
The liklihood that you will need long-term care towards the end of your life is relatively high. Budgeting for this cost is important because contrary to the beliefs of some people, Medicare does not pay for long-term care. If you think you can just simply write a check and be done with it you may not be aware of the extent of the costs associated with long-term care.
Every year the MetLife Mature Market Institute releases a survey that contains a great deal of information about long-term care expenses in the United States. They have just put out their 2011 version, and once again long-term care costs have gone up significantly.
If you were to spend a single day in a private room in a long-term care facility in 2011, the national average cost was $239, which is a $10 increase over 2010 figures or a 4.4% increase. A year in a private room in a nursing home in 2011 averaged $87,235. According to the United States Department of Health and Human Services the average length of stay is between two and four years.
When you see the facts it becomes clear that these are no trifling expenses. To devise a plan that prepares you for all eventualities, including the possibility of long-term care, simply take a moment to arrange for a consultation with a good Reno financial planning attorney.
Anderson, Dorn & Rader, Ltd is a member of the American Academy of Estate Planning Attorneys.
Feb 03, 2012 / By:
Bradley B. Anderson, Estate Planning Attorney / Category:
Estate Planning
Most people tend to procrastinate when it comes to estate planning. In fact less than half of people in the United States have a last Will or a Living Trust in place. Since so many people procrastinate before they put an initial estate plan in place, they are also prone to procrastinate when it comes to updating their existing estate plans.
Life is never constant – except, of course, for constant change. Circumstances in your life will change over the years, and these changes may call for an estate plan revision. There may be people who join the family, others who leave, and your financial situation could change dramatically. A review of your estate plan will reveal if there are needed changes.
In addition, a high percentage of marriages end in divorce and most of these people remarry. Changes in marital status are almost definitely going to make an estate plan update necessary.
We have just entered a brand-new year and as you turn the page on the calendar you may want to make a mental note to yourself regarding an estate plan review. This is especially true in this election year with the distinct possibility of the sunset of a very generous estate tax exemption.
In addition to the things that happen to you personally, of which you would be well aware, there are also legislative changes and alterations to the tax code that take place on an ongoing basis. Many of these can be relevant to your existing estate plan.
It is a good idea to review your plan at least ever three years with professional guidance, and if you’re ready to do so simply take a moment to arrange for a consultation with a qualified Reno Estate Planning lawyer.
Anderson, Dorn & Rader, Ltd is a member of the American Academy of Estate Planning Attorneys.
Jan 20, 2012 / By:
Bradley B. Anderson, Estate Planning Attorney / Category:
Financial Planning
A recent article in Forbes, quoting statistics provided by the Harris organization, found that out of 1022 people polled only 35% had executed a last will. Among younger Americans the figure was even lower as you might expect, with just 24% of the people who participated in the survey, under the age of 35, had executed either a last will or a living will.
Estate planning is an area where procrastination not only puts that person at risk it also puts there loved ones in a difficult position in the event of death or disability.
Most younger families rely on earned income to maintain quality of life. For this reason, it is essential that such families have an income replacement vehicle. This need is often met through life insurance. Coverage should be revisited as financial responsibilities increase. All families are well advised to implement a sound long-term financial plan. If this sounds like a good idea to you, take the first step and arrange for a consultation with a licensed and experienced Reno financial planning attorney.
Anderson, Dorn & Rader, Ltd is a member of the American Academy of Estate Planning Attorneys.
Jan 18, 2012 / By:
Gerald M. Dorn, Estate Planning Attorney / Category:
Estate Planning
You have a trust or a will in place, so you have determined how the distribution of your assets will take place upon your death. That is great, because now you are at least assured that the “government plan” or intestate succession is not necessarily your plan. Further, with a funded trust, your estate will also avoid unnecessary and unwanted probate.
Your estate plan will also avoid unnecessary disputes about the distribution of the estate. Each family is different but how do you think a typical family may react if it was up to them to agree upon how the assets of a loved one should be distributed? Clearly, in many cases, consensus would be hard to come by. You don’t have to worry about this when it comes to your estate, but there is an issue that is often ignored. That issue is the funeral planning.
If you were to pass away without leaving behind any instructions regarding your funeral details your family members could wind up disagreeing. Of course, this comes at a very difficult time for families. If one family member takes charge and arranges for cremation when other family members have moral or religious objections, it can create a rift in the family. Even choices of caskets, the amount spent on the funeral arrangements and the choice of burial clothing can create hard feelings at a highly emotional time.
Even if there are no particular disagreements among family members, someone is going to have to take up serious time in making these arrangements at a time when they are grieving and in no mood for it.
If you take the time to make your funeral arrangements in advance, you can even select the facility, casket and clothing of your choice and pre-pay should you choose to do so. To learn more about including final arrangements in your estate plan, get in touch with an experienced northern Nevada estate planning lawyer to arrange for a consultation.
Anderson, Dorn & Rader, Ltd is a member of the American Academy of Estate Planning Attorneys.
Jan 03, 2012 / By:
Bryce L. Rader, Estate Planning Attorney / Category:
Guardianship
If you are one that likes to be prepared for life’s eventualities then you should consider the possibility of mental incapacity. According to the Alzheimer’s Association 13% of senior citizens suffer from Alzheimer’s disease, and this rises to about 40% among individuals who have reached the age of 85. Alzheimer’s causes dementia among other things and people who are suffering from dementia can find themselves unable to make sound decisions.
To prepare yourself, you may want to consider creating a living trust with incapacity safeguards included. In many cases the grantor will serve as the trustee while he or she is alive and fully capable of decision-making. However, you could also name a disability trustee who would administer the resources in the trust if the grantor and primary trustee was to become incapacitated.
In addition, durable powers of attorney are recommended as a way to empower people of your own choosing to make decisions in your behalf should you become unable to do so in the future due to incapacity.
If interested parties were to suspect that you have become incapable to manage your own affairs effectively they could petition the court to appoint a guardian to make decisions in your behalf. This can be an expensive, time consuming and humiliating process. This possibility can be avoided if you plan ahead intelligently. The best way to do so is with the assistance of an experienced and licensed Reno estate planning attorney.
Anderson, Dorn & Rader, Ltd is a member of the American Academy of Estate Planning Attorneys.
Dec 28, 2011 / By:
Bradley B. Anderson, Estate Planning Attorney / Category:
Legacy Planning
The dictionary definition of the word “legacy” will tell you that your legacy involves gifts of property and monetary assets after your passing. This is of course a large part of it, but there could be more to shaping your legacy than simply arranging for the passing of your assets to your family members.
Depending on your resources exactly how you go about this can vary considerably. There are those who will make a donation that is specifically used to finance some type of building project. This may carry your name into perpetuity, which can be quite rewarding for many people.
Some people will leave behind the resources to provide a scholarship or scholarships to worthy students. This too can be an enriching portion of an individual’s legacy.
You can also choose to pass along the wisdom that you have acquired throughout your life by committing your experiences to writing. Some people choose to write a full-blown autobiography and leave it behind for future generations to draw from. Others will author an ethical will that passes along their moral and spiritual values. Today, there are many resources to assist in writing an interesting personal history that can be found online or in bookstores. The same is true of writing an ethical will.
Carefully selecting certain family heirlooms and/or personal possessions and handing them on to particular respective heirs for specific reasons can also be part of a carefully planned legacy.
There are many possibilities to take into account when you are preparing for the latter portion of your life and your eventual death. If you’re interested in taking estate planning to a higher level, don’t hesitate to get in touch with a Northern Nevada legacy planning attorney to arrange for an informative consultation.
Anderson, Dorn & Rader, Ltd is a member of the American Academy of Estate Planning Attorneys.
Dec 27, 2011 / By:
Gerald M. Dorn, Estate Planning Attorney / Category:
Estate Planning
Partners in small businesses that are engaged in the process of estate planning can be faced with a tricky situation. If you were such a partner you would probably want the value of your business to be spread among different family members after your passing. So, this business interest would have to be sold to provide the necessary liquidity.
But, how will your partners feel about this? They would be forced to deal with whoever it is that purchased your share in the business whether they feel comfortable working with this individual or entity or not.
The way that situations such as these are often addressed is through the creation of buy-sell agreements. These agreements utilize the purchase of life insurance to allow the remaining partners to buy the share of the deceased partner from his or her family.
With the cross purchase plan each of the co-owners in the business takes out a life insurance policy on every other. After one of them dies the combined insurance policy proceeds are used to buy the share that was owned by the deceased individual from his or her family.
Another type of buy-sell agreement involves the business itself taking out life insurance policies on all the co-owners equal to the value of each respective share with these proceeds being used to buy the share of the deceased partner from his or her heirs. This approach is called the entity plan.
Buy-sell agreements can provide a relatively simple solution in some cases. To learn more about small business succession planning, simply take a moment to arrange for a consultation with an experienced and licensed Reno estate planning attorney.
Anderson, Dorn & Rader, Ltd is a member of the American Academy of Estate Planning Attorneys.
Dec 23, 2011 / By:
Bryce L. Rader, Estate Planning Attorney / Category:
Estate Planning
When you consider the subject of estate planning it is useful to recognize the fact that it is an ongoing process. Your initial estate plan is going to be based on a snapshot of your life as it existed at that time. Clearly, things do not stand still and events happen in your life that often times render your existing estate plan obsolete. Things like changes in marital status and additions and subtractions to the family would fit this description.
In addition, there are things that take place that are out of your control that affect your estate planning efforts. Legislative changes that impact the tax code are among them, and with this in mind we would like to take a look at the lay of the land at the present time.
The estate tax and the gift tax are unified, and at the present time there is a $5 million unified exclusion. So if your estate and any gifts that you have given utilizing your unified exclusion do not exceed this amount no estate or gift taxes will be levied. Estates or gifts exceeding the exclusion are taxed at 35%. Keep in mind that any gift exceeding the annual exclusion amount of $13,000 per person, reduces the estate tax exemption by the amount of the gift.
Those parameters are only in place through the end of next year. At that time the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 will expire and the rate of the tax will rise to as much as 55% while the unified exclusion is reduced to just $1 million.
So, this presents an interesting situation. The $5 million exclusion becomes a $1 million exclusion when 2013 arrives, so it would be logical to consider giving gifts to your loved ones in 2012 before the exclusion is reduced.
Of course it is possible that changes to the laws could take place at any time, and this is another factor to consider. Clearly, the pending reduction of the exclusion is food for thought and it is something to discuss with your estate planning attorney.
Anderson, Dorn & Rader, Ltd is a member of the American Academy of Estate Planning Attorneys.