By Peter J. Strauss, Esq.

My mother named her financial adviser and his children as beneficiaries in her will. Is it legal for her attorney to allow this?

ANSWER: 

I have seen many cases where a client wants to leave money to a professional adviser –  lawyer, accountant, financial adviser, physician – and in many cases there may have been overreaching, or perhaps more.   

A person can leave her or his property to anyone under the terms of a will, trust or “beneficiary designation.” You can do whatever you want with your money: give it to a family member, a neighbor, friend, lover, your church, your lawyer, accountant or financial adviser, or the society for the protection of beetles. You can do this during your lifetime or have it take effect after your death. 

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document filing

Creating and executing an estate plan is a process that requires thought and consideration. You must identify the beneficiaries who are going to inherit the assets that you worked a lifetime to acquire, how your beneficiaries are going to receive those assets, and whom to entrust to make decisions on your behalf in the event of incapacity. Once your estate planning documents are created and executed, many clients believe the estate planning process is completed. But, what is often overlooked is where your estate planning documents should be stored.

The Coronavirus health emergency is a reminder that life is unpredictable, and it makes sense to be prepared. Threats to life and finances posed by the pandemic offer ample reason to reevaluate your estate plan — or create one if you haven’t already.

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You can’t amend it, modify it, change it or revoke it. The written terms of an irrevocable trust are much like the iron-clad sides of ship, strong and impenetrable, except in some rare circumstances. Not to be altered for any reason and managed by a trustee, when you place assets in an irrevocable trust, you essentially no longer own them. With all that said, for certain individuals, there are some distinct advantages to having an irrevocable trust.

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Middle aged man with his eyes covered by a small boy

Older parents are becoming more common, driven in part by changing cultural mores and surrogate motherhood. Comedian and author Steve Martin had his first child at age 67. Singer Billy Joel just welcomed his third daughter. Janet Jackson had a child at age 50. But later-in-life parents have some special estate planning and retirement considerations.

Each week iHeartMedia radio station, WGY, invites local experts to share their knowledge on a range of topics. Recently, they invited attorney Lou Pierro to share his biggest tips on Estate Planning.

Dec 19. A Will is something everyone should have if they are age 18 or older. A Will requires probate – a court process – which can take a long time and cost a substantial amount of money. As an alternative to a trust, a ‘Living Will’ does not require a court process. It’s a faster way to pass your assets on to your beneficiaries. The only way to know which one would work best for you is to ask an experienced Estate Planning lawyer. Lou also suggests that people review their documents every 1-5 years. Life can move fast, so staying on top of your assets is very important.

In the next podcast on Dec. 26, Joe asks Lou about long-term goals people should be considering.  Today, people are living longer and want to age in place. To do this successfully, you need to plan for the type of care you want to receive, and how to cover those expenses. The cost of a nursing home is about $150,000 dollars a year. Many people will not be able to sustain this, unless they plan in advance. Pierro, Connor & Associates offers free consultations to generate options customized for each family’s needs. Call us at 518-459-2100.

PLAN FOR YOUR FUTURE

With the school year back in full swing, it’s the perfect time for grown-ups to get a lesson or two in smart retirement planning. Maybe your children are off to college and you’re trying to care for parents, work full time – and plan for the future? Or, perhaps you’ve been concerned about preserving assets so you can pay for long-term care in these financially rocky times. If these scenarios sound familiar, you’ll want to listen to a Life Happens Radio podcast.

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Female Neighbor Helping Senior Woman To Complete Form

Many people see an attorney for estate planning reasons, and we’ll assume that is the reason your parents have gone to see their attorney.

Let’s also assume your parents are in their mid-70s, retired and in fairly good health, although there is a family history of dementia on your mother’s side. They live in their own home and are fairly independent, and have modest net worth that would be far from a taxable estate under the current estate tax rules.

As February brings heart-shaped chocolate boxes and roses by the dozen into your imagination, seize the moment to learn about the drawbacks of “I love you” Wills and introduce yourself to the estate planning move that’s actually going to ensure you do well by your loved ones: a lifetime beneficiary trust.

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For many Americans, the majority of our wealth is held in retirement accounts. When it comes to inheritance and estate planning, special considerations are necessary to ensure that these assets are protected and distributed according to your wishes. It is critical to have knowledge of all the options available for retirement asset transfer, in order to best serve your needs.