This is the fifth entry in a series I will be featuring about celebrity estate planning mistakes and what they could have done to prevent the problems that arose.

Name:  Heath Ledger

Age:  28

Died:  January 22, 2008, New York City

Cause:  Probable drug overdose

Family:  Daughter

Estate Mistake:  Ledger had a will when he died of an overdose in 2008, but it was drafted in Australia before he found huge success and fathered a child in the United States.

His will did not reflect any of this, so a reported $20 million went to his parents and siblings.  His family said they would give the entire estate to Ledger’s former girlfriend, Michelle Williams, and their daughter.

This is the first entry in a series I will be featuring about celebrity estate planning mistakes and what they could have done to prevent the problems that arose.

Name:  Elvis Presley

Age:  42

Died: August 16, 1977, Memphis, TN

Cause: Drug overdose

Family: daughter

Estate planning mistake:  Elvis is probably the most notorious example of a porrly planned estate.  Of his $10 million estate, about 73% was lost in the probate process to estate taxes and other settlemtn costs.  His case illustrates why a trust is often the best way to protect an estate.

A revocable living trust can be used to avoid the costs and delays associated with the probate process and in most states keeps the disposition of the estate out of public view.  The estate plan must also focus on estate taxes in order to not only minimize them, but also to avoid the untimely liquidations in order to pay the tax.  Of course, Elvis did get the last guffaw because he has earned far more money dean than alive.

Many families have now been “blended” together through remarriages and are increasing in number.  These families typically include children and grandchildren from prior marriages.  An estate planner needs to take extra special care in planning for these families.  There are some complex issues that arise.

Estate planners need to ensure that certain children and grand-children are not unintentionally disinherited.  Additionally, current spouses sometimes need protection from existing descendants and many times the assets need protection from former spouses.  Premarital agreements, or prenuptial agreements, can also protect assets for descendants when a family becomes “blended”.

Estate planning for blended families can morph into the more important goal of asset protection.  Trusts are always an appropriate tool to ensure assets are protected and pass to intended heirs.  Ensure that your entire family is taken care of when you plan for your estate.

This is an article researched and written by Stephen Davis and Alfred Brophy.  The topic is how Civil War-era families maintained their wealth within thier own families by properly using wills and trusts.  These families used Estate Planning tools that are still around today to accomplish many of the same goals that modern families strive for. 

Huge plantation estates were held in trusts for generations ensuring they would not fall to anyone outside of the family.  Families who were concerned about son-in-laws for their daughters had the daughter’s property held in trust so the the wealth would not be lost through marriages.

 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1398522

Living Wills control the very tough end of life decisions that many of us and our family members will face.  The individual who executes the Living Will decides whether or not he or she wishes to have life-sustaining treatment that only prolongs life.  A Living Will is only followed by a physician if the treating physician certifies that the individual is incompetent and that incompetency period is incurable and irreversible.  The treating physician will then apply or withhold treatment, hydration and feeding tubes that only prolongs the process of dying.

Living Wills in Arkansas are statutory.  The Act that controls Living Wills is called The Arkansas Rights of the Terminally Ill or Permanently Unconscious Act.  The Living Will must state that the individual does want or does not want life sustaining treatment and also whether the individual wants food through feeding tubes and hydration through IV’s. 

My firm also inserts a guardian clause within the Living Will document.  This guardian clause only kicks in if the statute is ever repealed.  I include language that states the guardian is to follow the individual’s wishes which are clearly stated in the Living Will.  This guardian clause will ensure that the individual’s wishes are still followed if the statute is repealed and the person instructing the treating physician is specifically chosen by the individual who created the Living Will.

I hope this answers any questions about Living Wills in Arkansas.  As always, I am available for free consultations to discuss Living Wills and any other estate planning issue you and your family may have at (501) 372-1616.

If you care for a child or other loved one with a disability, you’ve no doubt thought about what will happen when you’re no longer able to give that care.  There is a solution.  You can leave property and funds to your disabled loved one in a special needs trust without jeopardizing their government benefits.

Problems can arise when disabled individuals inherit an estate.  Their assets usually rise above the “limits” and benefits will cease until the inheritance is sold, spent and used up.  The special needs trust allows you to protect your loved one’s benefits while supplementing their needs.  The trust is merely a container used to hold property and money that will supplement your loved one’s government benefits-whether they are Supplemental Security Income, Medicaid or another program.

These programs have limits to what a disabled person’s income and total assets must be.  A person must have less than $600-$800 of monthly income and less than $2,000 worth of total liquid assets.  If a disabled person’s income or assets rises above those limits then their income and health care they receive from those government programs will cease.  Fortunately, special needs trusts are a widely accepted and legal estate planning tool that will allow a disabled person to use their inheritance as a supplement for their special needs.  The disabled person cannot be the trustee of the trust.  I usually recommend a corporate trustee as following special needs trusts can be complicated.  There are many rules to follow to ensure the trust operates properly and benefits are not lost.

Special needs trusts are very complicated to draft.  It is a good idea to use your entire team of estate planning professionals (life insurance agents, financial planners, accountants, corporate trustees and attorneys) to ensure you are making the right decision.  As always, please do not ever hesitate to contact me to discuss this and any other estate planning need or goal.

Kris Boyd; (501) 372-1616; kris@krismboyd.com

1! Ha, ha, ha...

I give out a lot of advice and pointers on what to plan for and what to include in your estate plan.  I wanted to change it up a little and help families avoid the mistakes that can lead to disasters in the future.  There is nothing worse than thinking you have your planning in place which takes care of everyone you love and then realizing it is worthless.

#1.  The Total Package

The number one mistake planners make is having a will only and thinking that is all they need.  A will is only one part of a complete estate plan.  Trusts, power of attorneys, living wills and memorial plans round out a complete estate plan. 

#2.  The Do-It-Yourself Kit

I have re-written numerous estate plans for families after they paid money for a do-it-yourself kit bought off of the internet or at a bookstore only to realize it did not take care of their needs.  Every state has different laws and these kits will not always create documents that will stand up to attack in your state.  Furthermore, they are designed only to handle the simplest of estates.  I have yet to see one take care of a situation in a blended family where both parents are divorced, have children together and children from a previous marriage.

#3.  Hiring The Wrong Professional

You would not hire an electrician to handle your plumbing problems.  Be sure you do your research and hire an attorney who focuses in estate planning.  Estate planning laws are fluid.  Bankruptcy laws are as well.  You would NOT want to hire me as your bankruptcy attorney.

#4.  One Trust Fits All

Trusts are very important estate planning tools.  However, trusts are not appropriate for all families and situations.  Avoid the estate planner who suggests a trust every time.  Also, avoid the estate planner who charges a flat rate for trusts.  Some trusts take an hour to create while others can take many, many hours. 

#5.  Trusts for Minor Children

Trusts are very appropriate for families with minor children and minor grandchildren.  Minors cannot legally own anything.  The guardian of the minor ends up “owning” the property and money.  This can lead to problems in and of itself.  Also, most families do not want to ”dump” a large amount of money on an 18 year old.  I know I probably would not have saved much of it when I was 18 if several hundred thousand dollars fell into my lap.  I would have driven a really cool Lamborgini, though.   

#6.  Not Declaring Guardians for Your Children

Most families do not realize that you can declare who you want to take care of your chidren if something were to happen to both parents.  This is one of the most important decisions you will ever make.  Do not exclude it from your planning.

#7.  Designate Your Beneficiaries

All of your accounts (banking, investment, retirement and life insurance) have beneficiary designations that you need to complete.  You state where you want your money to go to.  These accounts will avoid probate if you take care of the beneficiary designations.  You can even designate the money to go to your trust if you are leaving it to a minor child or grandchild.

This list could have been entitled “100 Estate Planning Mistakes You Do Not Want To Make”.  That would have been a tough read, but it hammers the point home that you need to meet with the proper estate planning attorney to ensure that your plan is exactly what you need.

A common question that I receive from clients is “I was told I need to get a guardianship.  What is that?”