January 7, 2019May 10, 2024

Prince’s Estate Must Sell Property To Pay Estate Tax

laptop and glasses on a wood table Some of the mystery about what will happen to Prince’s property has begun to clear up as his estate has asked for permission to sell some of his real estate holdings.

It has been estimated that the total estate tax bill that Prince’s estate will have to pay will be in the neighborhood of $150 million. The bill is that high because Prince did not have an estate plan that accounted for either the federal estate tax or the Minnesota estate tax. Like Minnesota, Maryland estate tax is lower than the federal at $2 million. This estate tax threshold includes the entire value of your house, without regard to the the size of your mortage. With the high property values for housing in Maryland, life insurance and retirement accounts, many middle class Maryland families, who do not do Maryland estate planning, may force heirs to sell assets, just to make Maryland estate tax payments.

Since Prince died without an estate, there was alot of speculation that some of the musician’s estate would need to be liquidated to pay the tax, but what portions of his estate would be sold has not been known.

It now appears that some of what will be sold includes the musician’s real estate holdings, as TMZ reports in “Prince Everything Must Go…Estate Ready to Dump Properties.”

The special administrator for the estate has filed a motion with the court seeking permission to sell some of the real estate and says it will not accept an offer that is less than 90% of fair market value. The musician is known to have had real estate holdings in several different states, but which properties might be sold has been sealed.

Ultimately, the judge will have to approve of the plan to sell before the properties are listed.

If the judge approves the plan, it will likely not be the last things of the musician’s that will be sold. The estate tax bill is high enough that much more will likely need to be liquidated in the next few months so the estate can pay the taxes on time and avoid fines and penalties.

Reference: TMZ (Aug. 1, 2016) “Prince Everything Must Go…Estate Ready to Dump Properties.”

January 3, 2019May 29, 2023

How Michael Jackson’s Estate Plan Was A Success

Michelle Profit Michael Jackson, the King of Pop culture, not only left behind such a legacy but also left behind a great estate plan. He made the sensible choice unlike Prince, Aretha Franklin, and Whitney Houston. With the help of his chief executor of his estate both his entertainment attorney John Branca and his music executive John McClain, he left an estimated over $500 million value of assets to his heirs. By having this money, his heirs, under Jackson’s will, his legacy be protected. In order for him to create this smart and sensible estate plan, he had to follow the steps which include: Writing A Will, Considering A Living Trust, Naming A Guardian, and Assembling A Good Team.

By Writing A Will, without confrontation between siblings, he ensured that his instruction for dividing his property were followed after he died. By Considering A Living Trust, it spared his heirs the hastle of going through probate court- an expensive and prolonged legal process.

By Naming A Guardian, for his kids, he ensured the right people would protect them.

By Assembling A Good Team, he was able to make sure his heirs got what he wanted them to have instead of setting a prolonged, expensive family fight in court. According to a close correspondent to the King of Pop, “He put two people in charge of the will and trust who he felt were sage, mature, and had a great deal of expertise in how to handle what are probably considerable assets. He couldn’t have put his estate in a better position.”

If you follow these steps, you will be able to achieve what Michael Jackson did, which is a “Good Estate Plan.” Overall, the bottom line is that Estate Planning is important and you should have one in place, just like Michael Jackson did. It will serve you well in the future and protect your family, future heirs and your business.

Michelle Profit is an estate planning attorney serving Maryland and the District of Columbia. A Harvard Law School graduate, she has worked in the financial services industry for over 20 years. A dedicated advocate for all of her clients, Michelle Q. Profit personally handles each client case from start to finish to meet the client’s needs and objectives. Michelle listens in the consultation sessions and works with any other client accountants or financial planners to create a comprehensive estate plan.

August 31, 2018January 27, 2022

So, You Think You Can Retire?

Group of people clapping and smiling with one another

“The most common need of those preparing to step into retirement isn’t what you think: it’s confirmation that all the hard work, discipline and saving was enough.”

People getting ready to retire really want to be reassured that they did a good job and were good stewards of their money, according to Investopedia’s article “Determining If You’re Prepared for Retirement.” They also want confirmation that the retirement assets they’ve built over a lifetime will last for the rest of their lives and that they’ll be able to live in comfort.

Commonly asked questions are:

Am I saving enough, or did I save enough?
Can I retire, or did I make a mistake and retire too early?
Were my investment decisions the right ones?
How am I doing, compared to my peers?

The answers to these questions are important, but like so many things in life, there is no “one-size-fits-all” answer. Just because you’ve accumulated six, seven or even eight figure retirement savings, doesn’t mean you’ve “won” the retirement game. In this case, size doesn’t always matter.

One of the key factors to a successful retirement is your income to expense ratio. Can you generate enough income from all sources, without drawing down too much from your portfolio?

If you have a small to non-existent portfolio, but you have a good-sized pension, maybe you don’t need such a big portfolio. If you live very simply, it’s possible that Social Security benefits and modest withdrawals from your investments might take care of your needs.

Remember that just because you have a large portfolio, does not mean you don’t risk running out of money during retirement. If you spend lavishly on first-class vacations, drive luxury cars and live in a house that costs a fortune to run, you can easily get yourself into a tight spot.

Take a long hard look at all sources of income to determine how long your portfolio will last. You should include Social Security, pensions, retirement accounts and any other sources of income. It is important to figure out how much income you’ll need on annual and monthly basis. You’ll then have a better sense of whether you are prepared for retirement.

Don’t forget to prepare an estate plan, unless you have already done so. A will, power of attorney, healthcare directive and other documents will help protect you and your loved ones. You need an estate plan, regardless of the size of your portfolio. A qualified estate planning attorney can help you prepare this part of your retirement.

Resource: Investopedia (July 19, 2018) “Determining If You’re Prepared for Retirement”

August 29, 2018February 23, 2022

Estate Planning Fundamentals You Need to Know

“It’s easy to put off because it can be morbid and often doesn’t kick in until late in our lives, but it’s an important piece to be thinking about for those of us who want to make sure our families are provided for.”

A well-prepared estate plan can help you and your family reach many different goals. You may know that your estate plan provides for your spouse and children, including what should happen to them, if they are minors and need someone other than you and your spouse to rear them. In addition, says the Brainerd Dispatch in its article “Wealth Column: Estate Planning Basics,” an estate plan can also be used to dispose of the family business, minimize tax liability and empower an executor and trustees to act on your behalf.

First, you’ll need a will, which is the basic tool for estate planning. It prevents two very expensive and stressful issues: managing your wishes for your estate and possibly losing hefty sums through unnecessary taxes. However, that’s just the start.

You may also need trusts, depending on your family’s situation. You’ll want to have life insurance policies with beneficiaries. Life insurance proceeds are not governed by the will, so your heirs will receive any funds directly. Benefits from retirement funds fall into this same category. That’s why making sure that your beneficiary designations are up-to-date, is so important.

Working with a team of trusted advisors, is productive for most people. Remember that your estate plan touches on taxes and investments as well as your will, power of attorney and medical directive. Consider these steps to get your entire estate plan in order:

Gather personal data about yourself and your family,
Create a balance sheet of your assets and liabilities,
Review your will and any existing trusts,
Evaluate all estate tax options, such as the best method of disposing of your share of community property—considering the unlimited marital deduction and the use of tax-sheltered trusts,
Consider the optimal way to distribute your retirement plan benefits,
Calculate potential estate, gift and income tax liabilities,
Determine the availability of liquid assets to meet potential estate expenses and taxes.

Once you have all this information together, you and your estate planning attorney can begin to put together a plan that will serve you and your family. Remember that an estate plan is not a one-and-done document. Over time, as your life and tax laws change, you’ll need to review the estate plan, which includes beneficiary designations.

Resource: Brainerd Dispatch (Aug. 3, 2018) “Wealth Column: Estate Planning Basics”

August 16, 2018October 10, 2023

Estate Planning with Blended Families Requires a Balance

“If you say “I do” a second time and have children, your partnership acquires new stakeholders—not necessarily willing ones. Adult children have expectations about how much they’ll inherit and how soon. A new spouse scrambles that calculus.

When you marry, you’re entering a partnership that is emotional and financial. When you marry again and when there are children from prior marriages, you are all entering a brave new world. The number one reason that stepparents and stepchildren fight is over money, according to the article “Don’t Split Heirs With Your Estate” from AARP.

If you and your spouse are each financially independent and leave your assets to your heirs, you’ll be less likely to run into the big money issues. However, if one spouse depends on the other for support, assets will be needed for the other spouse’s lifetime. When there’s a big age difference, the children of the older spouse may end up waiting 10 to 15 years for their inheritance.

The couple’s first responsibility should be to their spouses. You can do this through your will, or a prenuptial or a postnuptial agreement. The goal is to make sure that the other spouse has enough money to live on. A surviving spouse does have the right to make a claim to a certain amount of the late spouse’s assets, in the absence of a will or a proper prenup. However, by taking care of this in the will, you can spare each other and your blended family from the time and delay that a claim will take. The award may be large or small, depending upon the laws in your state.

One way to head off some of the anger that may follow a first spouse’s death in a second or subsequent marriage, is to distribute at least a little bit of cash to all of the adult children in equal amounts. It’s not about the amount, but it is a signal that you are aware of them and their needs.

In blended families with good relationships, it would be ideal for children and stepchildren to be treated equally. If there’s a rational reason not to, like younger children who need college education funds, make it clear to all what the thoughts are behind the distribution.

Personal property is another source of conflict within blended families. If first-family heirlooms are claimed by second-family children, the whole family could be headed to court. Create a document that makes your wishes clear about which child should get what possessions and attach it to your will with the help of your estate planning attorney.

If you leave everything to your spouse, there’s no way to be sure your own children will inherit anything. There is a chance that after your death, the ties between children and stepparents could weaken. You may need to leave money for your children in a trust that provides income to the spouse for life.

Discuss your options with an estate planning attorney.

Reference: AARP (July/August 2018)

“Don’t Split Heirs With Your Estate”

March 5, 2018

The Failure of James Brown’s Estate Plan

James Brown intended for his estate to give millions to poor children. However, he passed away 11 years ago, and the children have still not received anything.

It is not clear how much the estate of legendary soul singer James Brown is worth. The estate claims it is worth about $5 million. However, some experts estimate that it could be worth as much as $100 million.

It is clear is what Brown intended to do with his wealth. He had a carefully crafted estate plan that was intended to give millions to poor children throughout Georgia and South Carolina.

Brown passed away in 2006 but his estate has not given any of the money to the children. Instead the estate is still bogged down in numerous lawsuits and remains unsettled, as The New York Times reported in "Why Is James Brown's Estate Still Unsettled? Ask the Lawyers."

The main source of the dispute appears to be a family feud with Brown's children and grandchildren on one side and his widow, who is the estate administrator, on the other side. Numerous lawsuits have been filed.

In perhaps the biggest lawsuit, the children and grandchildren allege that the widow has cut inappropriate side deals for the copyrights to Brown's music. These copyrights are where the bulk of the estate's value likely is found. They also allege in another lawsuit that the widow was not even married to Brown, because she was allegedly also married to another man.

It is safe to say that this dispute is unlikely to end soon. The biggest losers here are the children who would otherwise be receiving assistance.

Reference: New York Times (Feb. 4, 2018) "Why Is James Brown's Estate Still Unsettled? Ask the Lawyers."

January 12, 2018June 23, 2024

Entire Family Signed up for Cryogenics

A Wisconsin man signed his entire family up to have their bodies frozen when they pass away, in the hopes that they can be brought back to life at a later date.

There have always been people who dream about living forever. There is something about the idea of not knowing what will happen after we pass away that captures the imagination.

We all want to know how the story ends. We all pay attention to different stories. Whatever story we follow, such as business, politics, sports or a long running TV series, we would like to know how it ends.

The inevitability of death creates a barrier to that.

It is a barrier that some people are trying to get around, as the Daily Mail reports in “Father spends $140,000 to sign his whole family up to be frozen in cooling chambers when they die, in the hope they can be woken up in the future, to have a ‘second chance at life’.”

A man in Wisconsin has signed up for himself, his wife and their three sons to all be cryogenically frozen after they pass away. Their hope is that someday scientists will be able to unfreeze them, bring them back to life and cure whatever it was they died from.

Most experts would say this is an impossibility because the freezing process damages the brain. However, those who support cryogenics have faith that future scientists can fix that.

Whatever your opinion of cryogenics and its potential effectiveness, you probably should think of death as still inevitable. You are going to pass away.

Even if you are brought back to life in a thousand years, the people you left behind in the interim could benefit from you having an estate plan.

Reference: Daily Mail (Dec.18, 2017) “Father spends $140,000 to sign his whole family up to be frozen in cooling chambers when they die, in the hope they can be woken up in the future, to have a ‘second chance at life’.”

December 12, 2017

Do Not Neglect Estate Planning

If you do not have a will, it might be assumed that your assets will go to your spouse or children. But you might very well be wrong.

For centuries the only people who bothered to make detailed estate plans were the wealthy. Most people had very few assets and did not have a great need to make detailed plans. Some people chose to draft a simple will, but most did not do even that.

Even today people still tend to think of estate planning as something really only necessary for wealthy people. Other people with lesser means tend to assume that if they do not do any estate planning they do not need to worry. They think their spouse or children will inherit their assets and they do not need to bother actually drafting a will. In Maryland

That is a mistake as the Wills, Trusts & Estates Prof Blog explained in "Estate Planning Is Not Just for the Ultra-Rich Anymore."

If you do not have an estate plan, then any assets you have at the time of your death will be distributed according to the laws of intestate succession in your state.

In some states, that means your assets will pass to your spouse and your children. However, other states have different laws and they sometimes give assets to people who might not have been included in an estate plan, such as siblings and parents. In Maryland, without a will, 1/2 goes to the spouse and 1/2 to the minor children. Do you want your 5 year old to inherit half? If you want more control, then hire an estate planning attorney. In DC a spouse and minor children inherit, without a will, as well. In order to minimize the costs of probate, however, you will need an estate plan.

It is not difficult to get a will from an estate planning attorney.

There is no reason you should leave things up to state law.

Get an estate plan and make sure that your assets are distributed as you choose.

Reference: Wills, Trusts & Estates Prof Blog (Nov. 16, 2017) "Estate Planning Is Not Just for the Ultra-Rich Anymore."

October 13, 2017

Cutting a Child Out

Wealthy parents often have extremely high expectations for their children. They want their children to go to school, get a good job, raise a family and do all of the things that made the parents so successful.

However, sometimes a child just does not live up to those expectations.

Sometimes there is a black sheep who does everything the parents would not want him or her to do.

If the problems are severe enough, then the parents might even stop contact with the child and seek to cut him or her out of their estates.

The latter is often a bad idea, as the Globe and Mail discusses in "Think twice, wealthy family, before cutting the black sheep out of your will."
One big thing to consider is that a child who receives nothing has no incentive to not cause problems.

A no-contest clause can prevent someone who does receive an inheritance from challenging an estate plan that they do not like, but it cannot prevent someone from doing so who is set to receive nothing or very little from an estate.

This can make cutting a child out of an estate plan a very expensive proposition. This is because the child has no reason to not launch legal fights.

A black sheep child can also be more easily controlled by using an estate plan to incentivize that child into desired behaviors.

An estate planning attorney can help you create a trust, for example, that only distributes money to the child when certain actions are taken by the child.

Reference: Globe and Mail (Sep. 19, 2017) "Think twice, wealthy family, before cutting the black sheep out of your will."

June 20, 2017

Fight Over Barry White’s Estate

When someone says that you should trust them to handle an estate and be fair to you, it is not usually a good idea to agree to that idea, without first seeing the estate plan so you know what you are supposed to receive.

Barry White passed away in 2003. To date, his estate has stayed out of the news.

For a celebrity estate it has been a smooth estate administration by all appearances. However, Darryl White, Barry's son, has now filed a lawsuit opening up the estate to public scrutiny.

Darryl claims that when his father passed away, his widow told Darryl that she would make sure he got his fair share of the estate, as long as he agreed not to challenge the estate. For his part, Darryl claims he never even saw his father's will to know what he was supposed to receive.

He received regular payments until 2015, when they suddenly stopped. He believes the money is now being wasted by his stepmother.

Darryl has filed suit and is demanding to see the will to know what it is he should be receiving.

TMZ reported on this story in "Barry White's Son Sues My Dad's Widow Can't Get Enough of His Dough."

In one sense, this is not an unusual story.

It is very common for children to have fights with a step-parent over an estate. On the other hand, this is an extremely unusual story.

It is not at all common for a child to trust the step-parent enough to agree to her terms, without at least seeing the estate plan and knowing what the child is supposed to inherit.

If nothing else, this case illustrates why it is an obviously bad idea for the child to agree to that.

Reference: TMZ (May 24, 2017) "Barry White's Son Sues My Dad's Widow Can't Get Enough of His Dough."

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Tag: Estate Plan