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As a child, I watched the movie “Annie” where the little orphan Annie sings the lines: “Tomorrow, tomorrow. I love ya, tomorrow. You’re always a day away.” Annie is singing about how the sun will come out tomorrow, and that she will have brighter prospects for her life in the orphanage because of the sunny day that will come. However, she … [Read more...]
How Are Trusts Taxed (and Trust Assets Inside Them)
I had a client a few years back who had me draft a trust for them, one that needed its own separate tax return. The client also hired me prepare the tax return for the trust after the first year of the trust’s existence. After the next year, the client decided that I was too expensive in preparing the taxes and hired someone else to do the tax … [Read more...]
So, You Didn’t Have a Will? Now What?
Let me start this blog by being very upfront: I do not handle probate cases, and I don’t represent anyone in probate. However, I must know about the probate rules, and what happens in the probate process since I work to either minimize what goes through probate, or to make the probate process easier on those who stand to inherit property after … [Read more...]
Where there’s no Will, There is a Way
When someone asks me, “Well, if I set things up right, I don’t even need a will or a trust, right?” I often wonder if the person asking the question wants an actual answer, or just wants me to agree with them. I think I understand what the person is asking, but I am not sure why someone would want me, an estate planning attorney, to simply agree … [Read more...]
7 Reasons Why Estate Planning is Cool
I attend many networking meetings. At these meetings, I am generally invited to share a 30 - 60 second “commercial” of what I do and what I am looking for in a client, or a referral. I have several versions of this introductory speech, but one of them goes something like this, “My name is Michael Bailey, and I own and operate my own law firm. I … [Read more...]
7 Things About End Of Life Planning Your Dad Wants To Know
I’d like to start this blog with a story. Recently a 70 year old man arrived at an emergency room in Florida: unconscious, critically ill and without any form of identification. As his care team sprang into action, they found he had a tattoo on his chest that said “DO NOT RESUSCITATE” with his signature tattooed below. The team of physicians … [Read more...]
Talk Among Yourselves: Why Professional Advisors Communicating Matters
Almost everyone has someone in their life who they look to for advice and guidance. Most people look at their parents this way (I certainly do!), but people also have other influential advisors -- whether it be a school teacher, church leader, business mentor or some other sort of influential advisor. These people help show us the way through … [Read more...]
End of Life Planning: A Quick Reference Guide to Protecting Assets
As part of my estate planning practice, I try to educate people concerning issues that may arise in the future, especially for those who are nearing the end of life. I teach a seminar that I call the “Human Ostrich” seminar, where I teach people how to avoid losing everything they have worked so hard to achieve. Human Ostrich is a silly name for … [Read more...]
How Often Should You Update Your Estate Plan?
Almost everyone with whom I work asks me how often they should review or update their estate plan. I don’t have a definitive answer for them, and I sometime I wonder if some people think there is a secret magic formula passes among lawyers to determine the answer to this question. (Spoiler Alert: There is no secret formula) I base this hunch on … [Read more...]
Protect Your Family (and Yourself!): 7 Questions For Your Power of Attorney Agent
A durable financial power of attorney and a durable medical power of attorney are critical documents to have in place. I have specifically discussed how Powers of Attorney can help protect you on other blog posts here and as part of end of life planning here. These documents allow you to choose someone, or some other entity, to make financial … [Read more...]
