March 27, 2019October 10, 2023

Creating A Good Estate Plan

Many people these days wonder about what do I need to do before I die and what is the process. Well, the answer to those questions is: Create an Estate Plan. By creating an estate plan, it helps open up the options about money distribution in a will or trust to the heirs of your inheritance. In fact, there are 12 easy steps to follow in order to make sure that your estate plan can go smoothly without having the risk of going to probate court.

Create a Will
Consider creating a trust
Make Health Care Derivatives
Make A Financial Power of Attorney
Protect your children’s property
File Beneficiary Forms
Consider having Life Insurance in place
Understand any estate taxes that will be made
Make sure the funeral expenses are covered
Make the final arrangements
Protect your business
Make sure your documents are stored in a secure place

By following these steps, your estate plan will be carried out smoothly and successfully without any further negotiations. If you don’t create an estate plan, your future heirs would need to go to probate court to negotiate over your inheritance which is not good at all. Avoid going to probate court and create an estate plan today!

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.

February 15, 2019May 1, 2023

“To Boldly Go Where No Man Has Gone Before”: The Gene Roddenberry Estate Plan

Mr. Spock and Captain Kirk Gene Roddenberry, the creator of the beloved series, Star Trek, had the intuition of a creative mastermind. Although he passed away back in 1991, his legacy lives on. A normal burial was exactly the opposite of what Roddenberry imagined. The celestial burial is exactly what he wanted, which was not normal whatsoever. His wishes, however, were carried out by his wife Mrs. Majel Barrett Roddenberry in 1997 when a portion of his cremated ashes were shipped in a space capsule by Celestis Incorporated, which specializes in memorial spaceflights.

Creating A Living Trust definitely played a huge roll in being able to carry out this task. Even though Roddenberry defined the odds by having his remains float in orbit around earth, he was able to make sure that his estate plan was updated with that new change. By channeling what he really wanted, Roddenberry’s legacy- having a “space burial” continues even today. Astronauts, school teachers, James Doohan(Scotty), and his wife Majel Barrett (Nurse Chapel) all had their wishes fulfilled: a space burial. By creating a living will, your wishes can be fulfilled as long as a trust is established so you can avoid probate court.

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.

February 13, 2019February 25, 2022

How Michael Jackson’s Estate Plan Was A Success

Michael Jackson

Michael Jackson, the King of Pop culture, not only left behind a legacy; he 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, will be protected.

In order for him to create this smart and sensible estate plan, he had to follow the steps which include: Creating A Living Trust, Naming A Guardian, and Assembling A Good Estate Plan. By Creating A Living Trust, it spared his heirs the ongoing and prolonged legal process of transferring assets through probate court. By Naming A Guardian, he chose who would care for his minor children. By Assembling A Good Estate Plan, he was able to make sure his heirs got what they wanted.

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.” With 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 future heirs.

February 11, 2019January 16, 2023

Muhammad Ali’s Estate Plan Left A Legacy

Muhammad Ali

“Float like a butterfly, sting like a bee.” This was said by no one other that the world’s most renowned heavyweight champion, Muhammad Ali. Ali sadly left this world back in 2016 due to complications with Parkinson’s disease, and his legacy lives on even to this day. With this legacy, he left behind approximately $80 million dollar estate to his wife, Yolanda.

Unfortunately for his children, they fought against their stepmother in order to retain the $6 million that they each deserved. Surprisingly, even though his own children despise one another, they are able to work together to make sure the money with Ali’s estate allocated effectively and evenly. His children even accused their stepmother of keeping Ali isolated from his children during his final days.

Besides Ali’s estate, his funeral proceedings went in accordance with the thorough details he laid down years before. Ali claimed that he wanted both his life and his death to become a teaching moment for younger audiences. From a traditional islamic funeral to being praised for being “The Greatest of All Time”, Ali’s legacy will never be forgotten. Even though his estate planning was not considered to be strong, the legacy and funeral proceedings went perfectly as planned.

January 17, 2019August 16, 2022

The Great Harry Houdini’s Estate Plan

Michelle Profit Harry Houdini, an escape artist, was most known magician of the 20^th century. He amazed his crowds with tricks such as The Overboard Box Escape and the East Indian Needle Trick. After Houdini died from complications due to a ruptured appendix on October 31, 1926, his estate plan was and still remains one of the best. In 1924, Harry had created a 23 clause long will that was detailed to the max and updated just one year after. In his great will, Houdini gave $500 dollars to his three assistants, $1000 to the Society of American Magicians, and the rest of his estate portions would be liquidated and distributed to each member of his family over periods of time. Two unique aspects of his estate included that: 1/6^th of the estate should go to his wife, and whoever received a portion of his estate must have been confirmed according to the Jewish law and traditions. Along with the liquidation and separating his money, he also gave his theatrical effects and tricks to his younger brother, and up and coming magician, Theodore, relying on the fact that he should not share it to the world. For his most valuable books, Houdini gave them all away to the Library of Congress for safekeeping. Even though Harry’s estate plan stated that each member of his family should receive a portion, Sadie Weiss, Houdini’s sister-in-law, received none due to the fact that he disliked her for marrying his one brother, Nathan, and then his younger brother Leopold. For his wife Beth, she was told to perform a séance until she could finally contact him. Along with being the Best Magician around, Harry Houdini had tricks up his sleeve especially in his estate plan.

Harry Houdini, an escape artist, was most known magician of the 20^th century. He amazed his crowds with tricks such as The Overboard Box Escape and the East Indian Needle Trick. After Houdini died from complications due to a ruptured appendix on October 31, 1926, his estate plan was and still remains one of the best. In 1924, Harry had created a 23 clause long will that was detailed to the max and updated just one year after. In his great will, Houdini gave $500 dollars to his three assistants, $1000 to the Society of American Magicians, and the rest of his estate portions would be liquidated and distributed to each member of his family over periods of time. Two unique aspects of his estate included that: 1/6^th of the estate should go to his wife, and whoever received a portion of his estate must have been confirmed according to the Jewish law and traditions. Along with the liquidation and separating his money, he also gave his theatrical effects and tricks to his younger brother, and up and coming magician, Theodore, relying on the fact that he should not share it to the world. For his most valuable books, Houdini gave them all away to the Library of Congress for safekeeping. Even though Harry’s estate plan stated that each member of his family should receive a portion, Sadie Weiss, Houdini’s sister-in-law, received none due to the fact that he disliked her for marrying his one brother, Nathan, and then his younger brother Leopold. For his wife Beth, she was told to perform a séance until she could finally contact him. Along with being the Best Magician around, Harry Houdini had tricks up his sleeve especially in his estate plan.

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.

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.

September 5, 2018July 13, 2023

Does Your Estate Plan Have All the Right Stuff?

“Many people think estate planning means deciding what happens to your things when you die. For that reason, many young families do not consider estate planning to be a priority. However, it may be one of the most important things young parents can do!”

A last will and testament is the document which parents need, to legally nominate guardians to rear their children if orphaned. It clearly delineates who should take care of the children and who should manage the money available to care for the children, as noted in The Daily Sentinel’s article titled “What is missing from your estate plan?”

While some people name one person to rear the children and handle the money, it’s a good idea to separate the two roles.

Without these instructions in a will, those left behind can have very different ideas about where the children should live and who should care for them. If the two parent’s families have very strong opinions, suddenly both families have hard choices to make about what will happen to the children.

No parent wants to leave a legacy of court battles and family division. However, that’s what is likely to happen without a will.

There are other issues that estate plans address while you are alive. It is also necessary to plan for incapacity. A living will, also known as an “advance directive,” is important because it helps pre-answer questions, regarding what treatment and care you would want if unable to speak for yourself. Do you want to be kept alive by artificial means? You do not want your loved ones making this decision during a time of great emotional stress, so this is an important document to have in your estate plan.

Finally, your estate plan should include a medical durable power of attorney to deal with all other medical decisions other than end of life. Without it, if you are not near death but not able to share your opinions about your care, your family and your medical providers are placed in a difficult position. In contrast, those who care enough about their family designate an agent and ensure that their wishes are made legally binding.

The big question everyone must face is “When should I start working on my estate plan?” If the answer is “Later,” then the real answer is “No time soon.” For young parents, that puts your minor children in a bad position, where a court may make the decision about who will rear them and how their lives will go on after you are gone.

Don’t make your family have to go through more than they would have to anyway. Speak with an estate planning attorney to create your estate plan, including these very important documents.

Resource: The Daily Sentinel (Aug. 12, 2018) “What is missing from your estate plan?”

September 3, 2018December 27, 2023

You Never Know When You’ll Need an Advance Directive

“Advance care planning is making preparations and decisions about the medical care you want to receive, if you become unable to speak for yourself.”

Talking with your family and your physician ahead of time about what you would want if you should become incapacitated, is a difficult but necessary conversation, reports The Herald News in the article “Being Prepared: Advanced Directives.” An Advanced Directive is a key part of your estate plan. If you have reached the age of majority (age 18 in most states), then you need to have this document.

An estate planning attorney can help you ensure that you have an Advanced Directive in place which conveys your wishes to your loved ones. Discuss this ahead of time and let your family members know what you would want to happen in advance.

Select a person you know and trust to be your healthcare agent. Tell them you have selected them to serve in that role. Don’t let this be a surprise to them at the last minute. They will need to fully understand your wishes and be willing to carry them out.

Be as specific as you can about what kind of treatment you would want and which you would not. That includes medical ventilation, a feeding tube, kidney dialysis and other treatments.

Do you want to be resuscitated if you stop breathing, or have CPR performed if your heart stops working? You’ll want to have a DNR—Do Not Resuscitate—if you don’t want extreme measures to be taken to keep you alive.

Once you have made your decisions, meet with an estate planning attorney to complete a written advanced directive.

States have different sets of rules regarding advanced care directives, so an estate planning attorney in your state of residence is necessary.

You should keep your advanced directive and DNR document, where someone can get them if an emergency occurs. Do not give it to a relative who lives two states away—they will not get to you in time. Be sure that everyone involved with your healthcare has a copy. This includes your primary care physician. Ask that your directive be maintained in your official medical file.

If you are wondering how or when to have this conversation about a loved one’s end-of-life preferences, the answer is now. Start by sharing your own wishes and then ask them to share theirs. Ask if they have made the proper preparations for their wishes to be carried out and discuss what must happen to have their wishes followed.

It’s not the happiest conversation you’ll ever have. However, if an emergency occurs, your loved ones will have peace of mind knowing they did what you wanted. You’ll also have peace of mind.

Resource: The Herald News (Aug. 10, 2018) “Being Prepared: Advanced Directives”

August 17, 2018March 22, 2019

Will SAFE Act Really Make Seniors Safe?

“In an attempt to take a step toward countering some of the negative impact of elder financial abuse, the government recently passed the Senior Safe Act in May 2018, as part of a bipartisan banking reform set of laws. “

Elder abuse costs millions of Americans an estimated $2.9 billion annually. The expectation is that these numbers are only going to increase, as the scams targeting the elderly become more and more sophisticated. This is according to Forbes in ““After SAFE Act Passage, The Battle Against Elder Financial Abuse Remains Far From Over.”

The aim of the Senior Safe Act is to encourage financial institutions of all kinds to play a larger role in fighting against elder financial abuse. The law, which was modeled after the Senior$afe program created in Maine, requires financial institutions to train employees on detecting activities that may indicate elder abuse is occurring. If the employees are trained, the Senior Safe Act also provides a reporting process and liability protection for those who report the possible abuse. It is thought that the liability protection would make those individuals reporting the possible abuse more proactive. However, there are still some problems with this.

Some advisors report being reluctant to report any client who seems to be suffering from mental deficiencies or elder abuse. The problem, advisors say, is that they are not trained and won’t feel confident in making a judgement about competency. Some court cases have put the onus on the advisor, when selling certain products or strategies but advisors lack both the training and the ability to make a medical diagnosis of senior clients. Without the ability to identify competency, it is very likely that any reporting will only take place well after the elder financial abuse has taken place.

Another issue is that family members or friends are typically the ones who commit elder financial abuse. The victim usually does not want to press charges, fearing that the person will become angry with them and withdraw their emotional support. Being dependent upon the same person who may have perpetrated financial abuse, puts the elderly person in a no-win situation.

Elder abuse prevention, financial and otherwise, should start years in advance, at the first signs of declining physical and mental health. It should begin with a plan for managing financial assets and having the proper legal documents in place, including a will, power of attorney, general durable power of attorney, healthcare directive and other estate planning documents.

By being proactive while the individual is still relatively well and healthy, it may be possible to create protections that will be crucial later in life. Speak with your estate planning attorney now, to make sure that your estate plan is in place, so you and your family are protected.

Reference: Forbes (July 23, 2018) “After SAFE Act Passage, The Battle Against Elder Financial Abuse Remains Far From Over”

August 15, 2018March 22, 2019

Cohousing May Be the Answer for Many “Golden Girls” and Guys

“Here’s one answer to the “Where to go next?” question being asked by those inching toward retirement, or those looking to escape the increasing cost of Seattle living and combine resources with a like-minded community.”

For those living in high-cost areas, like Seattle, San Francisco, New York, Los Angeles and other places where the cost of housing is astronomical, the idea of purchasing land and building tiny houses next to each other seems like something out of a movie. But according to an article in Seattle Times titled “Battling rising cost of living? Seeking a community? A look at the cohousing lifestyle,” this could be a very real and enjoyable solution for many retirees.

This past June, Charles Durrett, an architect who has been advocating for the cohousing lifestyle for years, presented a workshop for people who want to establish these types of communities. The idea is that everyone gets their own private home and living quarters, while sharing kitchens and other shared rooms. Neighbors share house items, meals, coordinate activities and make group decisions about how to manage their shared lives.

While he introduced the concept and phrase “cohousing” thirty years ago, he says that he’s now busier than ever before. The workshop was sold out.

The concept could be an ideal solution for seniors who don’t want to give up their privacy but would like to be part of a smaller community. Durrett recommends that each community have a caretaker unit, so someone who is able to take care of the residents, can live as part of the group.

The success of a cohousing community is not in the size or design of the house. It is due to the enthusiasm of the people coming together, who believe their lives will be better, if they are living as part of a community. That’s the common denominator. The architect has lived in a cohousing community for 12 years with 30 adults—20 of them seniors—and 20 children.

Research has shown that people live longer, when they are socially engaged. However, social can also turn to drama, especially in small groups. Therefore, people must learn how to get along and cooperate.

Is cohousing for you? You should do your homework before making a big decision about selling your home to live in a shared community. Your estate plan should also reflect your new position and be aligned with your new ownership. An estate planning attorney will be able to help you achieve that goal, while protecting your assets for your heirs.

Reference: Seattle Times (June 1, 2018) “Battling rising cost of living? Seeking a community? A look at the cohousing lifestyle”

Building Legacies that Last Estate Planning and Elder Law

Tag: Estate Planning

Creating A Good Estate Plan

“To Boldly Go Where No Man Has Gone Before”: The Gene Roddenberry Estate Plan

How Michael Jackson’s Estate Plan Was A Success

Muhammad Ali’s Estate Plan Left A Legacy

The Great Harry Houdini’s Estate Plan

How Michael Jackson’s Estate Plan Was A Success

Does Your Estate Plan Have All the Right Stuff?

You Never Know When You’ll Need an Advance Directive

Will SAFE Act Really Make Seniors Safe?

Cohousing May Be the Answer for Many “Golden Girls” and Guys

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