Is Prince’s Estate Settled Yet?

February 3, 2022

The long-running estate battle over Prince’s estate may be coming to a close, according to a recent article from Yahoo! News, “Minnesota probate court set to discuss ‘final distribution’ of Prince estate in February.” The Carver County probate court has set a date to start talking about Prince’s assets with heirs and beneficiaries.

Prince died of a fentanyl overdose in April 2016, with no estate plan. Administering the estate and coming up with a plan for its distribution among heirs has cost tens of millions of dollars, in an estate estimated at more than $100 million. One of many obstacles in settling the estate: a complicated dispute with the IRS over the value of Prince’s assets.

The estate will be almost evenly split between a music company—Primary Wave—and the three oldest of the pop icon’s eldest six heirs or their families.

Primary Wave bought out all or most of the interests of Prince’s three youngest siblings, one of whom died in August 2019. Three older siblings, including one who died in September 2021, rejected the offers from Primary Wave.

Comerica Bank & Trust, the administrator of the estate, settled with the IRS over the value of the estate, according to a late November filing in the U.S. Tax Court. The Carver County probate court has to approve this agreement.

Another tax dispute, this one between Prince’s estate and the state of Minnesota, has not yet been resolved.

Last year, the IRS set a value of $163.2 million on Prince’s estate. Comerica valued the estate at $82.3 million—nearly half of the IRS value. The value was so low the IRS penalized the estate with a $6.4 million “accuracy-related penalty.” Comerica followed by suing the IRS in U.S. Tax Court, saying the IRS calculations were loaded with mistakes. With the settlement now underway, the tax trial has been cancelled. The estate and the IRS have been ordered to file a status report on the case in February 2022.

The IRS and Comerica agreed on the value of Prince’s real estate holdings at $33 million. The harder task was to place a value on intangible assets, like Prince’s music rights.

The full IRS settlement most likely led to the probate court setting a date for a hearing. With the settlement, certain parts of the estate may move forward.

However, don’t expect it to be quick. It may be months before the court approves any distributions.

The lesson from Prince’s estate: everyone needs an estate plan, whether the estate is modest or includes multi-million assets and multiple heirs. Tens of millions in legal fees plus a $6.4 million penalty from the IRS adds up, even when the estate is this big.

Reference: Yahoo! News (Dec. 22, 2021) “Minnesota probate court set to discuss ‘final distribution’ of Prince estate in February”

What Estate Planning Documents Should Everyone Have?

February 1, 2022

This is the time of year when people start thinking about getting piles or files of paperwork in order in preparing for a new year and for taxes. A recent article “How to Prepare, Organize and Store Estate-Planning Documents” from The Street gives useful tips on how to do this.

First, the most important documents:

Estate Planning documents, including your Will, Power of Attorney (POA), Healthcare Proxy, Living Will (often called an Advance Care Directive). The will is for asset distribution after death, but other documents are needed to protect you while you’re alive.

The POA is used to name someone to act on your behalf, if you cannot. A POA can be created to be specific, for example, to have someone else pay your bills, or it can be general, letting someone do everything from paying bills to managing the sale of your home. Be cautious about using standard POA documents, since they don’t reflect every situation.

A Healthcare Proxy empowers someone you trust to make medical decisions on your behalf. The Living Will or Advance Care Directive outlines the type of care you do (or don’t) want when at the end of your life. This alleviates a terrible burden on your loved ones, who may not otherwise know what you would have wanted.

Add a Digital POA so someone will be able to access and manage your online accounts (subject to the terms and conditions of each digital platform).

Your Last Will and Testament conveys how you want your estate—that is, everything you own that does not have a surviving joint owner or a designated beneficiary—to be distributed after death. Your will is also used to name a guardian for minor children. It is also used to name an executor, the person who will be in charge of carrying out the instructions in the will.

A list of all of your assets, including bank accounts, retirement accounts, investments, savings and checking accounts, will make it easier for your executor to identify and distribute assets. Don’t forget to check to see which accounts allow you to name a beneficiary and make sure those names are correct.

Both wills and trusts are used to convey assets to beneficiaries, but unlike a will, “funded” trusts don’t go through the probate process. An experienced estate planning attorney can create a trust to distribute almost any kind of property and follow your specific directions. Do you want your children to gain access to the trust after they have reached a certain age? Or when they have married and had children of their own? A trust allows for greater control of your assets.

Finally, talk with your family members about your estate plan, your wishes for end-of-life medical care and what you want to happen after you die. Write a letter of intent if it’s too hard to have a face-to-face conversation about these topics, but find a way to let them know. Your estate planning attorney has worked with many families and will be able to provide you with suggestions and guidance.

Reference: The Street (Dec. 20, 2021) “How to Prepare, Organize and Store Estate-Planning Documents”

Why Should I Name a Beneficiary? Child Divorce?

January 29, 2022

For five years, Lewis, who was also trustee of the trust, distributed funds to Vivian, his daughter in law. However, shortly after Lewis passed away, Clark and Vivian divorced. Clark married Sophia, and the problems began, according to the article “Which spouse gets the benefit?” from Glen Rose Reporter.

As a successor trustee, Clark started making the annual distributions from the trust to his new spouse, Sophia. Vivian filed suit, claiming these funds were intended for her. However, the trust directions only said, “his son’s spouse.” Did the phrase mean a particular person or the person who was Clark’s spouse? What did Lewis want to happen to the funds? For obvious reasons, his wishes could not be determined.

This fact pattern is from a real case, Ochse v. Ochse, filed in San Antonio, Texas. The trial court determined that Lewis’ wish was to benefit his son’s ex-spouse, who was his daughter-in-law when the trust was confirmed. An appellate court affirmed the decision.

Was the length of the first marriage part of the court’s decision? Clark had been married to Vivian for thirty years, which is likely to have been a part of the father’s decision. Clark had only been married to his second wife for seven years.

What if the father was alive and able to declare his intentions? It might not have made a difference. The court in this case found the term “son’s spouse” to unambiguously mean the spouse at the time the trust was created.

When a term is found to be unambiguous, there’s no evidence to question its meaning. So even if Lewis were alive and well, the court would not have let his intention be heard.

This kind of situation is seen often when a life insurance policy is left to a first spouse, the couple divorces and the beneficiary on the policy was never updated. Most of the time, the ex-spouse receives the proceeds from the life insurance.

In the case of Ochse v. Ochse, the matter would have been simplified if Lewis had named his daughter-in-law by name as the beneficiary of the trust. Clark might still have tried to change the terms, but it would have been clear who the intended beneficiary was.

No one likes to imagine their children divorcing, especially when the parents have a good relationship with the daughter or son-in-law. However, this needs to be taken into consideration when naming beneficiaries. If you adore your daughter-in-law and want her to receive an inheritance from you, then make sure to name her as a beneficiary. If you are concerned the marriage may not last, talk with an estate planning attorney about creating a trust to protect inheritances from being lost in a divorce.

Reference: Glen Rose Reporter (Dec. 17, 2021) “Which spouse gets the benefit?”

Should I Get a Medical Alert System?

January 20, 2022

Many seniors live on their own without grown children nearby to assist them when they have a medical emergency. These individuals can really benefit the most from a medical alert system.

Know Techie’s recent article entitled “Should every senior citizen own a medical alert system?” gives us some reasons why every senior citizen should have a medical alert system.

A medical alert system is a simple device that monitors a person in their home and sends an electronic signal, if the emergency button is pressed. At the call center, a medical professional responds to the call. If the person can’t talk, help is sent.

Alert System Features. A medical alert system for seniors should have the following features:

Ease of use
It should be comfortable to wear and water-resistant
Have a long-lasting battery and GPS
24/7 live assistance; and
Automatic fall detection.

It is also important to look at the alert’s attractiveness because some elderly fear the stigma associated with the medical alert system.

Promotes Peace of Mind. A caregiver and/or a family member will have peace of mind. If anything happens, they will have access to immediate assistance. This can improve a senior’s quality of life.

Emergency Help. Every minute matters in an emergency. A medical alert system will ensure that the seniors can access medical help right away. Every call center has experienced health experts to handle any situation.

If you don’t have a caregiver, the thought of having continuous monitoring can give you peace of mind.

Reference: Know Techie (Dec. 11, 2021) 30

Do I Need More than a Will?

January 18, 2022

A will lets you distribute your assets, name a guardian for minor children and name an executor to carry out your wishes when you die.

The Chicago Sun-Times’ recent article entitled “Estate planning: When a will won’t work” says that you should know what a will can’t or shouldn’t do, especially if you’re writing your own without a lawyer, or you could unknowingly make a mistake that ruins your estate plan.

A will can’t avoid probate, and your will becomes a public record. However, a frequently used method to bypass probate is to create a revocable living trust, and transfer ownership of your assets into the trust. You retain control, but after you die, your successor trustee can distribute your property without a court’s involvement.

Jointly-held property also passes directly to the other owner, and accounts with beneficiaries (life insurance and retirement funds) also avoid probate. Another option is to use “transfer on death” or “payable on death” documents to designate beneficiaries for other financial accounts.

You might think that a will is a way to make people to do what you want. For instance, you could leave your son a bequest that he gets only if he finally finishes college. However, putting conditions in a will may not work well. Some conditions aren’t legally enforceable or are simply too burdensome to enforce.

If you want to impose conditions, ask an experienced estate planning attorney to create a trust. You might also use a trust is when you want to leave money to someone with special needs who is getting government benefits. That’s because a bequest could disqualify them from essential benefits, such as Supplemental Security Income and health insurance coverage through Medicaid.

Technically you can disinherit your spouse in your will. However, disinheriting a spouse can be extremely hard to do. That’s because the state has a mechanism that protects a spouse from being completely disinherited. In many states, a spouse has a right to claim one third to one half of the estate, regardless of what a will states.

However, a spouse can agree to be disinherited in a prenuptial or postnuptial agreement or can “disclaim” or refuse an inheritance, so that it goes to other heirs.

Reference: Chicago Sun-Times (Nov. 18, 2021) “Estate planning: When a will won’t work”

Can I Avoid Taxes when I Inherit?

January 13, 2022

Kiplinger’s recent article entitled “Minimizing Taxes When You Inherit Money” says that if you inherit an IRA from a parent, the taxes on mandatory withdrawals could mean you will have a smaller inheritance than you anticipated.

Prior to 2020, beneficiaries of inherited IRAs or other tax-deferred accounts, like 401(k)s, could transfer the money into an account known as an inherited (or “stretch”) IRA. From there, you could take withdrawals over your life expectancy, allowing you to minimize withdrawals taxed at ordinary income tax rates. This lets the funds in the account to grow.

However, the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 stopped this tax-saving strategy. Most adult children and other non-spouse heirs who inherit an IRA after January 1, 2020, now have two options: (i) take a lump sum; or (ii) transfer the money to an inherited IRA that must be depleted within 10 years after the death of the original owner. This 10-year rule doesn’t apply to surviving spouses, who can roll the money into their own IRA and allow the account to grow, tax-deferred, until they must take required minimum distributions (RMDs) at 72. Spouses can also transfer the money into an inherited IRA and take distributions based on their life expectancy. The SECURE Act also created exceptions for non-spouse beneficiaries for those who are minors, disabled, chronically ill, or less than 10 years younger than the original IRA owner.

As a result, IRA beneficiaries who aren’t eligible for the exceptions could wind up with a big tax bill, especially if the 10-year withdrawal period is when they have a lot of other taxable income.

The 10-year rule also applies to inherited Roth IRAs. However, although you must still deplete the account in 10 years, the distributions are tax-free, provided the Roth was funded at least five years before the original owner died. If you don’t need the money, delay in taking the distributions until you’re required to empty the account. That will give you up to 10 years of tax-free growth.

Many heirs cash out their parents’ IRAs. However, if you take a lump sum from a traditional IRA, you’ll owe taxes on the whole amount, which might move you into a higher tax bracket.

Transferring the money to an inherited IRA lets you allocate the tax bill, although it’s for a shorter period than the law previously allowed. Since the new rules don’t require annual distributions, there’s a bit of flexibility.

Reference: Kiplinger (Oct. 29, 2021) “Minimizing Taxes When You Inherit Money”

Does a TOD Supersede a Trust?

January 11, 2022

Many people incorporate a TOD, or “Transfer on Death” into their financial plan, thinking it will be easier for their loved ones than creating a trust. The article “TOD Accounts Versus Revocable Trusts—Which Is Better?” from Kiplinger explains how it really works.

The TOD account allows the account owner to name a beneficiary on an account who receives funds when the account owner dies. The TOD is often used for stocks, brokerage accounts, bonds and other non-retirement accounts. A POD, or “Payable on Death,” account is usually used for bank assets—cash.

The chief goal of a TOD or POD is to avoid probate. The beneficiaries receive assets directly, bypassing probate, keeping the assets out of the estate and transferring them faster than through probate. The beneficiary contacts the financial institution with an original death certificate and proof of identity. The assets are then distributed to the beneficiary. Banks and financial institutions can be a bit exacting about determining identity, but most people have the needed documents.

There are pitfalls. For one thing, the executor of the estate may be empowered by law to seek contributions from POD and TOD beneficiaries to pay for the expenses of administering an estate, estate and final income taxes and any debts or liabilities of the estate. If the beneficiaries do not contribute voluntarily, the executor (or estate administrator) may file a lawsuit against them, holding them personally responsible, to get their contributions.

If the beneficiary has already spent the money, or they are involved in a lawsuit or divorce, turning over the TOD/POD assets may get complicated. Other personal assets may be attached to make up for a shortfall.

If the beneficiary is receiving means-tested government benefits, as in the case of an individual with special needs, the TOD/POD assets may put their eligibility for those benefits at risk.

These and other complications make using a POD/TOD arrangement riskier than expected.

A trust provides a great deal more protection for the person creating the trust (grantor) and their beneficiaries. If the grantor becomes incapacitated, trustees will be in place to manage assets for the grantor’s benefit. With a TOD/POD, a Power of Attorney would be needed to allow the other person to control of the assets. The same banks reluctant to hand over a POD/TOD are even more strict about Powers of Attorney, even denying POAs, if they feel the forms are out-of-date or don’t have the state’s required language.

Creating a trust with an experienced estate planning attorney allows you to plan for yourself and your beneficiaries. You can plan for incapacity and plan for the assets in your trust to be used as you wish. If you want your adult children to receive a certain amount of money at certain ages or stages of their lives, a trust can be created to do so. You can also leave money for multiple generations, protecting it from probate and taxes, while building a legacy.

Reference: Kiplinger (Dec. 2, 2021) “TOD Accounts Versus Revocable Trusts—Which Is Better?”

How Do You Split an Estate in a Blended Family?

January 8, 2022

Estate planning attorneys know just how often blended families with the best of intentions find themselves embroiled in disputes, when the couple fails to address what will happen after the first spouse dies. According to the article “In blended families, estate planning can have unintended issues” from The News-Enterprise, this is more likely to occur when spouses marry after their separate children are already adults, don’t live in the parent’s home and have their own lives and families.

In this case, the spouse is seen as the parent’s spouse, rather than the child’s parent. There may be love and respect. However, it’s a different relationship from long-term blended families where the stepparent was actively engaged with all of the children’s upbringing and parents consider all of the children as their own.

For the long-term blended family, the planning must be intentional. However, there may be less concern about the surviving spouse changing beneficiaries and depriving the other spouse’s children of their inheritance. The estate planning attorney must still address this as a possibility.

When relationships between spouses and stepchildren are not as close, or are rocky, estate planning must proceed as if the relationship between stepparents and stepsiblings will evaporate on the death of the natural parent. If one spouse’s intention is to leave all of their wealth to the surviving spouse, the plan must anticipate trouble, even litigation.

In some families, there is no intent to deprive anyone of an inheritance. However, failing to plan appropriately—having a will, setting up trusts, etc.—is not done and the estate plan disinherits children.

It’s important for the will, trusts and any other estate planning documents to define the term “children” and in some cases, use the specific names of the children. This is especially important when there are other family members with the same or similar names.

As long as the parents are well and healthy, estate plans can be amended. If one of the parents becomes incapacitated, changes cannot be legally made to their wills. If one spouse dies and the survivor remarries and names a new spouse as their beneficiary, it’s possible for all of the children to lose their inheritances.

Most people don’t intend to disinherit their own children or their stepchildren. However, this occurs often when the spouses neglect to revise their estate plan when they marry again, or if there is no estate plan at all. An estate planning attorney has seen many different versions of this and can create a plan to achieve your wishes and protect your children.

A final note: be realistic about what may occur when you pass. While your spouse may fully intend to maintain relationships with your children, lives and relationships change. With an intentional estate plan, parents can take comfort in knowing their property will be passed to the next generation—or two—as they wish.

Reference: The News-Enterprise (Dec. 7, 2021) “In blended families, estate planning can have unintended issues”

Should I Ask Mom and Pop about Their Finances?

November 16, 2021

Adult children should know about their parents’ finances in case of any emergency. They should also know critical information in case of death. NASDAQ’s recent article entitled “9 Questions to Ask Aging Parents About Their Finances” acknowledges that speaking to aging parents about their finances isn’t easy. However, to start this process, the article gives us nine important topics you may want to discuss with your parents:

Do You Have a Financial Plan (and is it enough)? See if your parents have a financial plan. Some parents will have a solid financial plan that will let them to live comfortably into their 80s or 90s. On the other hand, you may discover they’re living on a fixed budget and money is tight. If you see that you’ll need to help them financially now or in the future, start planning ASAP. Any decision to provide them with financial support will likely have an effect on your own financial plan.

Do You Have an Accessible List of All Your Accounts? Ask your parents to draft a list of their financial assets and those named as beneficiaries of those accounts and keep it in a safe place. They should also put together important contacts, such as clergy, CPA, estate planning attorney, physician, etc.

Where’s Your Will, and Who’s the Executor? See where your parents keep their wills and estate documents. Some estate planning attorneys retain an original copy. If your parents don’t have a will, encourage them to see an estate attorney. An item that’s not commonly listed in the will, that you may want to ask about, is if your parents have prepaid for a burial plot or memorial arrangements.

Do You Have Life Insurance Policies that I Should Know About? See if your parents have any active life insurance policies. Get the details of the policies and the policy numbers. If your parents are still working, they may also have life insurance through an employer.

Are There Any Special Bequests to Family and Friends? Family heirlooms and special personal property may be a part of your parents’ estate plan. A sibling may have claimed your dad’s coin collection. Knowing your parents’ intentions and wishes for their keepsakes will make things much easier when they pass. Moreover, having conversations about family heirlooms now can help prevent any hard feelings later. Some people make up a list for their personal bequests and reference it in their wills.

Who Have You Named as Your Financial Power of Attorney? This document lets your parents name a primary and secondary person to make financial decisions on their behalf, if they become incapacitated. If you’re the one named as the person to make financial decisions, find out where all of your parents’ financial assets are held. You should also get information about their Medicare policy, any pensions and their Social Security benefits. It even helps to know their utility companies in case you need to pay these bills and must prove power of attorney.

Do You Have a Living Will? They should each have an advance health care directive or living will and health care power of attorney. These documents designate who has authority to make medical decisions on their behalf, if they became incapacitated or terminally ill. This also includes your parents’ preferences for life-sustaining treatment, including a “Do Not Resuscitate” clause, as well as their preferences on organ donation.

Have You Had Trouble Balancing Your Checkbook Lately or Forgotten to Pay Bills? Have a discussion about key financial decisions with your parents while they are in good health. This will let you make a plan, if they show signs of memory loss. The signs of memory loss include forgetting appointments, making occasional errors while managing household finances, or getting confused about the day of the week.

Do You Have a Long-Term Care Policy? To claim benefits of long-term care insurance, a person typically needs to be unable to perform two out of six common “activities of daily living” (bathing, dressing, toileting, eating, transferring and continence) or have a severe cognitive disorder. If your parents have a policy, access it and review its core benefits, in case you need to help them file a claim.

Discussing your parents’ financial and estate plans isn’t fun, but it will help give both you and your parents some peace of mind to know that they will be provided for, and things will be taken care of in their absence.

Reference: NASDAQ (Aug. 27, 2021) “9 Questions to Ask Aging Parents About Their Finances”

Estate Planning Mistakes to Avoid

November 11, 2021

Estate planning is crucial to ensure that wealth accumulated over a lifetime is distributed according to your wishes and will take care of your family when you are no longer able to do so. Many well-intentioned people make common mistakes, which could be avoided with the guidance of an estate planning attorney, says the article “Avoiding Big Estate Planning Mistakes” from Physician’s Weekly.

Do you have a will? Many families must endure the red tape and expenses of “intestate” probate because a parent never got around to having a will prepared. The process is relatively straightforward: identify an estate planning attorney and make an appointment. Once the will is completed, make sure several trusted people, likely family members, know where it is and can access it.

Are you properly insured? If the last time you looked at your life insurance coverage was more than ten years ago, it’s probably not kept pace with your life. Although every person’s situation is different, high- income earners, like physicians or other professionals, need to understand that life insurance “replaces” income. This means enough to pay for college, pay off a mortgage and provide for your surviving spouse and children’s lifestyles.

When was the last time you spoke with your estate planning attorney, CPA, or financial advisor? Tax laws are constantly changing, and if your estate plan is not keeping up with those changes, you may be missing out on planning opportunities. Your family also may end up with a big tax bill, if your estate plan hasn’t been revised in the last three or four years. Your team of professionals is only as good as you let them be, so stay in touch with them.

When was the last time you reviewed your estate plan with your attorney? If you thought an estate plan was a set-it-and-forget-it plan, think again. Tax laws aren’t the only thing that changes. If you’ve divorced and remarried, you definitely need a new estate plan—and possibly a post-nuptial agreement. Have your children grown up, married and perhaps had children of their own? Do you have a new and troublesome son-in-law and want to protect your daughter’s inheritance? All of the changes in your life need to be reflected in your estate plan.

Having “the talk” with your family. No one wants to think about their own mortality or their parent’s mortality. However, if you don’t discuss your estate plan and your wishes with your family, they will not know what you want to happen. It doesn’t need to be a summit meeting, but a series of conversations to allow your loved ones to become comfortable with the discussion and make it more likely your wishes will be fulfilled. This includes your estate plan and your wishes for burial or cremation and what kind of memorial service you want.

Reference: Physician’s Weekly (Oct. 8, 2021) “Avoiding Big Estate Planning Mistakes”

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What Estate Planning Documents Should Everyone Have?