Death of a Loved One – Now What?

Your loved one has died – now what happens? How are a decedent’s assets transferred to the appropriate people? The answer lies in how title to each asset was held.

Sole Name. In California, if the total gross value of assets are less than $150,000, a beneficiary may use a small estate affidavit to claim the asset after forty days have passed.
If the total gross value of assets held exceeds $150,000, a probate administration will be necessary. The Court will appoint an Executor or Administrator to marshal the assets and manage the affairs of the estate. This person must submit a report to the Court, as well as an accounting, before any distribution may be made. This may be a very lengthy and costly process.

Trust. The successor Trustee, who is named in a Living Trust, is responsible for trust administration and distribution. Generally, trust accounts must be transferred to the name of the successor Trustee and a new tax identification number must be obtained before distributions may be made. A Trustee is usually required to present an accounting to the beneficiaries.

Joint Tenancy. Assets held in joint tenancy may be transferred to the surviving tenant with a death certificate and an affidavit. While this may sound like the easiest approach for the survivors, joint tenancy assets may deprive the surviving joint tenant of tax advantages offered by other forms of ownership.

For more information on estate planning or post-death administration, please schedule a consultation with a qualified estate planning attorney.

Who will care for your children in the unlikely event that your death occurs while your children are still minors? This question can keep parents awake at night. Your brother Bob would be great at managing money on behalf of the children but the kids think he’s a cold fish. Your friend Sue is the kids’ beloved honorary aunt with whom they already spend considerable time. However, Sue is a confirmed shopaholic and can never seem to keep any money in the bank.
The good news is that Bob could be named as guardian of your children’s estate, the manager of the money, and Sue could be named as guardian of the person who is in charge of the children’s daily lives. The only caveat would be to make sure that both guardians can work together for the good of your children. It is also important to discuss your plan with all the parties involved including your children, depending upon their ages, to make sure your plan is acceptable to everyone.
Now that you’ve made this tough decision, how do you make sure your wishes are known and followed? The answer lies in effective estate planning. You may either name the guardians in your last will and testament or in a separate stand-alone document. Whichever method you choose, it is imperative that the adults involved know where you’ve placed these important documents so that they may be easily accessed in an emergency.
For more information about guardianships, please contact a qualified estate planning attorney.

April is National Humor Month!!!

National Humor Month was founded in 1976 by humor writer, Larry Wilde. Its purpose is to enlighten the public about the value of laughter. After all, humor adds joy to our daily lives, boosts morale, and makes for better conversation.

It’s no coincidence Mister Wilde chose April Fools Day as the official start to National Humor Month. For our part, Streeter Law Group would like to offer the following estate planning jokes.

Math Question …

A fifth grade teacher asked her class this math question … she said: “A wealthy man dies and leaves ten million dollars. One-fifth is to go to the man’s wife – one fifth is to go to his son – one sixth to the butler – and the rest to charity.”

“Now,” asked the teacher, “what does each person get?”

A little girl raised her hand. “A lawyer,” she said.

Optimist / Pessimist …

An optimist sees a glass filled half way and says it is half full.
A pessimist sees a glass filled half way and says it is half empty.
An estate planning attorney sees a glass filled half way and says, “the IRS took half because you didn’t plan.”

Hopefully at least one of those tickled your funny bone. We’ll leave any future jokes to the actual joke writers. However, something we do draft well, is estate planning. Let us know if we can be of assistance, and … Happy National Humor Month!!!

Your son or daughter is headed off to college. You’ve packed the extra-long twin size sheets, the mini-fridge and the laundry bag (that will no doubt be returned to you overflowing). What else could your college-bound student possibly need?
These are the essential documents your adult child should have prepared and signed before leaving to college. *For the purposes of this article, it is assumed the adult child will choose their parent(s) as agent(s):
1. Advance Health Care Directive and HIPAA release. If your child is over the age of 18 it can be nearly impossible to obtain any information from healthcare professionals regarding your child’s care. There is nothing scarier than being thousands of miles away and receiving a telephone call that your child is being transported to a hospital. Without an advance health care directive and HIPAA release, this frightening scenario just became unmanageable and you will be left in the dark.
2. Durable Power of Attorney for Management of Assets. If your child is incapacitated, even temporarily, this document will authorize you to act on your child’s behalf. It may be used to speak to the financial aid office of a college or to access your child’s bank account(s). You may need this form to speak to a health insurer regarding billing and payment matters. It may also be used to assist you in dealing with your child’s landlord or auto insurer.
Those extra long twin sheets will certainly help your college student sleep better at night. Knowing they have proper planning will help you do the same.

For more information about Advance Health Care Directives, Durable Power of Attorneys or other estate planning documents; please schedule an appointment with a qualified estate planning attorney.