Dying Intestate

Did you or a loved one make any of these five critical estate planning mistakes?

December 22, 2022 By Gratia P. Schoemakers, Esq. Leave a Comment

Sadly, most Americans are indifferent to estate planning – at best – or completely ignore the issue – at worst. When it comes to estate planning, however, there are just some mistakes that you cannot afford to make. Below are five of the most critical estate planning mistakes.

Not having any estate plan. This is the biggest mistake, especially among younger professionals or young parents who assume they don’t need one. Passing away intestate – or without an estate plan – will assure local law decides who ends up with what assets when you are gone. Even the care of your children is up to the courts.
Failing to properly handle paperwork. This is typically in the form of not updating beneficiary designations on insurance and retirement accounts. Some people may be surprised to learn that beneficiary designations override instructions left in a will or trust.
Not reviewing documents regularly. An estate plan should be reviewed every three to five years, when there’s a new child or grandchild, a significant increase or decrease in assets, or moving to a new state. This ensures you are protecting your loved ones’ future because circumstances change over time.
Not funding your trust. A trust relies on being funded to operate correctly. If you pass away and leave an unfunded trust behind a probate case – what you were trying to avoid by creating a trust in the first place – is required to fund your trust post-death.
Too much given away, too soon. As much as 50 percent of inheritances are squandered shortly after being received, meaning that it is important to space out inheritances over the course of the beneficiary’s lifetime to reduce the risk of this happening.

While no one wants to think about their own incapacity or death; this is precisely why many avoid the topic of estate planning altogether. Avoid making these mistakes and leaving your family at financial risk. Contact us today to build a well-crafted plan for you and your family.

Sonny Bono’s Procrastination in Creating a Will Led to Years of Estate Battles

November 16, 2022 By Gratia P. Schoemakers, Esq. Leave a Comment

Sonny Bono, the singer, songwriter, restauranteur, and former Congressman, died in a tragic ski accident in 1998 at the age of 62. His net worth was just under $2 million at the time of his death, yet Bono did not have a will. Apparently, he meant to have one drawn up, but simply never got around to it.

Sadly, his fourth wife and surviving spouse, former Representative Mary Bono, spent years battling to be the executor of his estate. She also faced lawsuits filed by anyone and everyone who wanted a piece of the pie – some of whom you wouldn’t believe…

Cher & Secret Love Child Want Piece of Sonny’s Estate

Having died intestate (without a will), Sonny Bono’s estate was seemingly up for grabs. His surviving spouse had to specifically fend off two people whose demands on the estate made headlines:

Cher. Yes, THE Cher, Sonny’s second wife, sued for a share of his estate seeking $1.6 million in unpaid alimony. When the couple divorced in 1974, Sonny was allegedly ordered to pay Cher $25,000 per month for six months, $1,500 per month child support, and $41,000 in attorneys’ fees.

Apparently, he never did. While it’s odd that someone with their own net worth of over $300 million would even bother taking the time, it’s nonetheless true. Whether she collected is anyone’s guess, but not likely.

Secret Love Child. As if Cher’s lawsuit wasn’t odd enough, a secret love child made his own claim on Sonny’s estate. Then 35-year-old Sean Machu came forward claiming to be Bono’s illegitimate son.

Although Bono admitted to having an affair with Machu’s mother in his autobiography, The Beat Goes On, and Machu’s birth certificate lists Salvatore Bono (aka Sonny) as the father, Machu later withdrew the lawsuit when a DNA test was required.

Bono’s estate was eventually divided between his surviving spouse and his two children, Chastity (now Chaz) Bono and Christy Bono Fasce (a child from his first marriage).

Don’t Leave Your Wealth Up For Grabs – Take Action Now!

As Sonny Bono’s case shows, not having a will, trust, or other estate planning documents in place gives others the sense that your wealth is up for grabs. Most of us don’t relish the idea of creating a plan for what will happen when we die. However, it’s a necessity in order to avoid having your spouse and children go through court battles and heartache.

It’s imperative that you take action now. We have the tools you need to put your estate plan into place so that procrastination is not an issue. Wouldn’t it feel good to know that you’ve done the right thing for your family?

Wills, Trusts & Dying Intestate: How They Differ

August 16, 2022 By Gratia P. Schoemakers, Esq. Leave a Comment

Most people understand that having some sort of an estate plan is, as Martha Stewart would say, a “good thing.” However, many of us don’t take the steps to get that estate plan in place because we don’t understand the nuances between wills and trusts – and dying without either.

Here’s what will generally happen if you die, intestate (without a will or trust), with a will, and with a trust. For this example, we’re assuming you have children, but no spouse:

1. Intestate. If you should die intestate, your estate will go through probate and all the world will know what you owned, what you owed, and who got what. Your mortgage company, car loan company, and credit card companies will all seek payment on balances you owed at the time of your death.

After that, state law will decide who gets what and when.

For example, if your only heirs are your children and you have not provided any instructions, state law will mandate divvying up proceeds equally.
Your older children will get their shares immediately if they’ve attained adulthood.
But the court will appoint a guardian to manage the money for your minor children until they become adults.
Shockingly, that guardian can charge a lot of money and be a total stranger – as can the guardian who raises your child.
Yes, if you die without a valid will, the court, not you, will decide who raises your minor children.

Keep in mind that since your death has been published to alert valid creditors, it’s not uncommon for predators (fake creditors) to come forth and make demands for payment – even if they’re not owed anything.

The bottom line? Dying intestate allows state law and the court to make all the decisions on your behalf – regardless of what your intent might have been. Publicity is guaranteed.

2. Will. If you should die with a valid will, your assets will still go through the probate process. However, after creditors have been satisfied, the remaining assets go to whom you’ve identified in your will.

So, if you want to leave money to your children and name a guardian for the minor ones, the court will usually abide by your wishes.
The same holds true if you specified that you wanted to give assets to a charity, your Aunt Betty, or your neighbor.
Keep in mind that predatory creditors are still an issue as your death has been publicized. Even with a will, probate is a public process.

The bottom line? While a court oversees the process, having a will allows you to tell the court exactly how you want your estate to be handled. But a public probate is still guaranteed.

3. Trust. If you’ve created a trust, you’ve taken control of your estate plan and your assets. Trust assets are not subject to the probate process and one of the most important benefits of trusts is that they are private. Notices are not published, so you avoid predators coming after your estate.

You’ll have named a trustee to manage your estate with specific instructions on how your assets should be dispersed and when.

One word of caution – trusts must be funded in order to bypass probate.
Funding means that your assets have been re-titled in the name of your trust.
Think of your trust as a bushel basket. You must put the apples into the basket as you must put your assets into the trust for either to have value.

You do still need a will to pour any assets inadvertently or intentionally left out of your trust and to name guardians for minor children.

The bottom line? Trusts allow you to maintain control of your assets through your chosen trustee, avoid probate, and leave specific instructions so that your children are taken care of – without receiving a lump sum of money at an age where they are more likely to squander it or have it seized from them.

Don’t let the will versus trust controversy slow you down. Call or contact the office today; we’ll put together an estate plan that works for you and your family whether it be a will, trust, or both.

The Biggest Threats to Successful Estate Planning

August 23, 2018 By Gratia P. Schoemakers, Esq.

Poor estate planning is a recipe for disaster. Look no further than Dickens’ Bleak House — or a telenovela — to witness the tragedy and melodrama inadequate estate planning can cause. While having your estate planning documents prepared is the first hurdle to overcoming these types of disasters, there are several threats that lurk around the corner that might derail your wishes.

Family Conflict

family

According to a TF Wealth survey of over 100 estate planning professionals, family conflict is the number one risk to a peaceful inheritance. If children are treated differently under the estate plan, there is often an assumption that a mistake was made in drafting the documents or that someone has exerted undue influence on the parent. While this may not be the case, without any guidance from you, family members can begin to think the worst of each other.

Sloppy or No Estate Planning

If you have not done any estate planning or if what you have done is ineffective, your estate will be subject to your state’s intestate laws. These laws predetermine who will inherit your assets and in what proportion. While these statutory schemes might work for some people, they will have adverse consequences for those who have been married multiple times, have children from prior relationships, or children who need additional asset protection. If you haven’t done any estate planning, you’re simply leaving your inheritance and your legacy in the hands of the government.

In order to ensure that your wishes are being carried out and safe from the ever present dangers, it is important that you know what a successful estate plan looks like.

No (or Little) Family Conflict

The goal here is for there to be no surprises. If you are choosing to treat children or other family members differently, be open and honest about it. It may be helpful to have a conversation about your wishes prior to your death so that those individuals understand why you have made those decisions. Even if you choose to not have such a conversation, it’s important to discuss your plan and reasons with your attorney, so that the plan can be drafted to carry out your wishes.

Eliminate (or Minimize) Costs and Taxes

Watching inheritance get whittled away by taxes and fees will only lead to frustration and hard feelings. When preparing your estate plan, your intent is to benefit your loved ones, not the government. Working with a qualified estate planning attorney can help ensure that your assets are being handled in such a way that the administrative costs of your passing and any income or estate tax are minimized or avoided.

A Chosen Representative

It is possible that, later in life, you may not be able to handle all of your affairs yourself and may require some assistance from a loved one, whether it be with your finances or healthcare. Look for someone you trust who understands you and your desires. Don’t necessarily rely on someone just because they are the most convenient. And, don’t rely on hope that everyone will know who you want to be in charge. You must ensure that you’ve granted proper authority using a power of attorney, a trust, and a will.

Ensure that Everyone Gets What You Want

Your assets may be, or may in some way, represent your legacy. Do some real soul-searching about how and what you want to share this with your family and friends. To ensure that your legacy is passed on in a meaningful way, consider including an explanation as to why someone is receiving a particular inheritance. If you have wishes as to how they use a gift of money, he or she may appreciate hearing the hopes and dreams you have for them and their future even though you are no longer with them.

Documents Are Up-to-Date

Life can change quickly. It is important that you review your estate planning documents with each life change (i.e. birth or death of a family member, purchase or sale of a major asset, change in health, etc.). It is also important that we stay in touch. Contact us when these major life changes occur and we will contact you when there are changes in the law. This will help ensure that your documents stay effective and your wishes are carried out.

So do the groundwork that a little planning requires. And leave the melodrama for entertainment. Call or contact us today. We’re here to help.

3 Mega-Celebrities Who Died Without a Will: Do Not Follow in Their Footsteps!

September 20, 2016 By Gratia P. Schoemakers, Esq.

A will documents who gets what (and when) after you die. Without a will, state law doles out your belongings. In many cases, your assets may end up in the hands of complete strangers. That’s exactly what happened to these three mega-celebrities:

James Dean. Dean died intestate (without a will) in 1955 at the age of 24. State law awarded most of his meager estate (he had only made three movies) to his father – now most of that is in the hands of his father’s relatives.

His father did use some of that money to create a foundation to maximize the commercial value of his name, likeliness, and image. Ironically, Dean has consistently been one of the top 10 highest earning deceased celebrities up until 2012. His income in 2015 alone was $8.5 million and he’s been deceased for over 60 years!

Jimi Hendrix. Legendary singer and guitarist Jimi Hendrix died intestate in 1970 at the age of 27. Like Dean, the state awarded most of his estate to his father who created a family trust.

By 2002, his father had grown trust to $80 million. Jimi’s father left the fortune to his adopted daughter. In turn, she created trusts for almost everyone in the family – except Jimi’s own brother Leon. Although he sued, he never got a dime of the estate now worth $175 million. Clearly there’s another story there.

Pablo Picasso. Famous painter Pablo Picasso died intestate in 1973 at the age of 91. Given his age, it’s surprising that he did not assign a beneficiary to his estate (which today would have been valued at nearly $200 million).

His heirs, including Paloma Picasso, battled in courts with everyone who wanted part of his fortune – including the French government who alleged that Picasso owed millions in back taxes. His children received the bulk of his estate in the end, but not without a great deal of heartache.

Despite the differences in age, the above celebrities left millions of dollars on the table and started an avalanche of lawsuits by those who wanted a piece of the pie. The takeaway? Do not follow in their footsteps!

Make Your Intentions Crystal Clear in a Will or Trust

Regardless of whether you’re a famous actor, singer or painter – or a regular working Joe or Jane, you have the power to make sure that your family, friends, or organizations get what you want them to have. The process is simple – make your intentions crystal clear by creating a will or other form of estate planning tool such as a trust drafted by an experienced attorney.

Call our office today to find out what you need to do to protect and provide those you choose and get a will in place.

Prince’s Sad and Incredibly Expensive Mistake! (Are You Making It, Too?)

September 15, 2016 By Gratia P. Schoemakers, Esq.

The news of the unexpected death of music legend Prince, age 57, shocked the world and touched off stirring tributes from the likes of Bruce Springsteen, Elton John, the Harlem Gospel Choir and the cast of Saturday Night Live. Prince left a profound, indelible mark as an artist – when asked what it was like to be the greatest guitar player alive, for instance, Eric Clapton famously responded: “I don’t know. Ask Prince.” Tragically, though, for all his talent, Prince made a simple error that is creating huge complications for his family.

According to paperwork filed with the Carver County, Minnesota courts by Prince’s sister, Tyka Nelson, Prince died intestate. That means he left no will or other document to guide the disposition of his estate. In April 2016, the court assigned a special administrator to manage his estate’s assets until a probate hearing can be held to appoint a personal representative.

Per Minnesota law, his estimated $300 million in assets – which include a large home and a music catalog rumored to contain valuable unreleased songs – must be distributed between his siblings. That may sound like a simple, mundane task, but it’s anything but. And the drama has already started. Reuters recently reported that several relatives have emerged from the woodwork to stake a claim to this fortune, including Carlin Q. Williams, who “asserts he was sired by Prince during a tryst his mother had with the singer in a Kansas City hotel room in 1976.”

What Happens If, Like Prince, You Die Without a Will?

When a person dies intestate, state law determines how the estate is handled. Unsurprisingly, these rules can lead to outcomes that deviate dramatically from the person’s wishes.

For instance, in Minnesota – the location of Prince’s Paisley Park estate, where he passed away on April 21, 2016 – half-siblings and full siblings are treated the same when it comes to inheritance. Tyka Nelson is Prince’s only full sibling; the singer also has five half-siblings.

Would Prince have wanted all six people to receive an equal share of his estate? Would he have left anything to Carlin Q. Williams? Would he have chosen to leave his estate to another person altogether… or to a meaningful charity? Did he just not care what happened to his legacy?

Unfortunately, since he died intestate, we will never get answers to these questions.

A Simple, Inexpensive Solution Was Available All Along

Prince famously toiled over every aspect of his musical art and developed a keen eye and ear for detail. Ironically, he could have prevented his estate’s issues without anything near the amount of effort he put into producing soaring songs like Purple Rain.

Working with an attorney to create an effective will or trust is not complicated. With just a few documents – including, for instance, a trust, healthcare proxy forms, power of attorney designations, and HIPAA release forms – you can eliminate uncertainty and provide for the next generation and your favorite causes.

The costs of probating even a relatively small intestate estate can reach into the five figures, provoke infighting among the people you love dearly, and extend the legal process for months or even years.

If you haven’t established a will or a trust, and you’ve been kicking yourself to get started because of cautionary stories like Prince’s, we can help. Call our offices today to learn, step by step, exactly what you need to do to ensure your legacy.