chicago estate lawyer planning articles and resources for business owners, farmers, ranchers, and executives

Leadership Development...
is the key to 21st. Century Success in business. Harness the power of your peers to help you develop your employees, managers & successors!
D-I-Y Strategic Planning...
allows you to make strategic decisions about your company's direction every time - all with the help of your peers!
You'll Make Better Decisions...
when your ideas are challenged and your assumptions tested, continually and strategically - by a caring group of your peers!
Baby Boomers: Will They Be Able To Afford Their Parents?
By Lee R. Phillips
Do you worry about whether your aging parents have their "affairs in
order?" You should. After all, you’re the one who will have to pay
unnecessary taxes and endure time-consuming court procedures if your
parents don’t have an effective estate plan. Without some forethought
on their part and your part, you could be facing a lot of wasted time
and money in addition to a lot of frustration. All of the waste and
frustration can easily be avoided.

Experts predict $10 trillion will be transferred in the next two
decades from parents to baby boomers. The average inheritance will be
$200,000. The parents have spent all of their lives saving to leave
something to their family. For most boomers, their inheritance will be
the largest single financial transaction most they will ever handle.
Depending upon the planning done today, the amount actually transferred
could be doubled.

During the final years of a parent’s life, the family can lose a lot of
the estate in rest home expenses or legal fees. Too often the family
has to get a court order to have a parent declared incompetent and get
permission to manage their affairs. After both parents die, probate
will eat 2-5% of the estate, and estate taxes can take another 37-50%.
Additionally, the estate mess can take many days of time out of the
boomer’s busy life. Not only money is lost, but life styles often have
to be altered just to work through the mess.

Good planning is worth every effort made and every dime spent, not just
in the money and timesavings, but also in the peace of mind it will
give to both the parents and the kids. Boomers need to help get the
planning done. However, discussing money, especially in this context,
is very unpleasant for most families. The kids don’t want to appear
grabby or look like they are just waiting for their parents to die so
they can get their inheritance. The parents don’t want to face their
own mortality, and they don’t want the kids nosing in their financial
affairs. The bottom line is nothing gets done.

The sooner this discussion takes place the better. Everybody has to
recognize that planning is good business and financial management. The
parents have an obligation to take care of it for the children’s sake,
and the children have an obligation to help their aging parents. The
discussion will take place at some point. The worst time to have the
discussion is when a parent is in intensive care.

The following six tips will help protect a parent’s hard-earned money,
transfer the maximum amount of inheritance to the family, and ease the
family’s legal and emotional burden.

1. Review current wills and/or living trusts. Do the documents

Our articles continue...
RS Investments launches three fixed-income funds
RS Investments launches three fixed-income funds By Hilary Johnson December 31, 2009, 6:01 AM EST Post a Comment RS Investments, a San Francisco-based investment management firm, launched three new fixed-income funds today to offer retail ...


reflect
the parent’s current wishes? Have there been changes in family
relationships, such as divorces, marriages, or new grandchildren?

2. Look into living trusts. All wills that transfer property must go
through a court process called probate. Probate eats time and money –
lots of both. Today, many families use living trusts to avoid probate,
reduce legal fees, and pay the least possible taxes. Living trusts work
well, provided they are handled properly during the parent’s life. Is
the living trust being used properly?

3. Dodge family disputes. Make sure either the will or trust distribute
personal items with a list describing the item and the intended
recipient. Most states allows distribution of personal items through a
“personal letter,” which is just a list of items and their intended
recipient. The letter is not part of the will until death, and then it
essentially becomes part of the will. Thus, the letter can be rewritten
or updated as often as desired without a trip back to the attorney. The
letter must be “authorized” by the individual’s will in order for it to
be effective. If specific distribution of personal items like the shot
gun, wedding ring, and the family stamp collection is made in the
letter, family fights will be avoided.

4. Split trusts to save taxes. If mom and dad have over $1.5 million in
their estate, including the life insurance, retirement money, and
business, they should either have an individual trust for each or have
a trust that “splits” into two trusts when the first one of them dies.
This shields up to $3 million from estate taxes that eat away at a
family’s wealth.

5. Protect life insurance. Life insurance is taxed. The family doesn’t
have to pay income tax on the money they get, but the money is taxed in
the departed loved one’s estate and the IRS will routinely take up to
50% of it. A living trust can help in smaller estates, and an
irrevocable insurance trust can totally eliminate the tax in bigger
estates.

6. Solve the incompetence problem. Use a durable power of attorney to
transfer power to someone when the parent can no longer take care of
their own business affairs. The power of attorney has to have language
in it that states it will endure the incompetence of the individual
making the power of attorney. With the power of attorney, there isn’t
any need to have the parent declared incompetent and have a court
appoint a guardian. It removes a lot of frustration.

The parents need to soften up and realize that estate planning and asset protection is
something they need to talk about and be taking care of. If they cannot
do it for themselves, they need to realize that their children are the
ones that they have to turn to. The boomers need to take their parents’
estate planning very seriously. The boomers have a lot at stake – a lot of money,
a lot of time, and a lot of frustration.

Author Bio:
Attorney Lee R. Phillips is a nationally recognized expert in the field of finance, estate planning, and asset protection. Lee is licensed to practice law before the United States Supreme Court & also holds licenses in insurance and securities. Lee is a dynamic speaker & has spoken to over a half million people throughout United States, Canada & the Pacific Rim helping them understand the law.

Attorney Lee R. Phillips is a nationally recognized expert in the field of finance, estate planning, and asset protection. Lee is licensed to practice law before the United States Supreme Court & also holds licenses in insurance and securities. Lee is a dynamic speaker & has spoken to over a half million people throughout United States, Canada & the Pacific Rim helping them understand the law.




Here are some more estate planning articles...

Commercial Real Estate Loans
By Isabel R Rodrigues
Are you considering buying a new house soon? Buying a new house is probably the biggest investment one can make in his lifetime. Buying a new real estate certainly requires a lot of money. Read more...
Think Property First For Commercial Real Estate Mortage
By joseph hanoa
Make sure the condition of the property you want to buy will survive market conditions before seeking a commercial real estate mortgage. When you go to purchase a new residence, a good lender does a Read more...
How To Finance An Investment Property
By jupita
The secret in real estate business is to use other people’s money. This is how most real estate tycoons are made. Unlike traditional residential real estate mortgages, real estate Read more...
Nova Scotia Real Estate In 2007. It’s About Business, The People And The Weather.
By Rob Parker
Nova Scotia has been experiencing a steady upswing in both real estate sales and development. The province has gone through rigorous change in the way of government and employment opportunities. With Read more...
chicago estate lawyer planning news:

New AHS ® E-Greeting Helps Agents Make a Good, and Lasting, First Impression
Residential real estate analysts think home sales should be brisk in first quarter of 2010 as buyers take advantage of the federal homebuyer tax credit, which was extended to April 30. American Home Shield wants to help real estate professionals take advantage of this unique opportunity. On the company’s website, www.firsthomeexperience.com, is a new e-greeting designed to help agents make a great first impression with potential clients. (PRWeb Mar 20, 2010)

Read the full story at http://www.prweb.com/releases/ahs_e-greeting/real-estate/prweb3755294.htm

]]>
One More Time for the Homebuyer’s Rhyme
Homebuyers have cause for joyTheir taxes reduced, oh boy!If they rhyme their elationIn a Tweet celebrationPrizes are theirs to enjoy (PRWeb Mar 20, 2010)

Read the full story at http://www.prweb.com/releases/american-home-shield/homebuyers-rhyme/prweb3755344.htm

]]>





The process of planning the transfer of all personal assets at death to chosen beneficiaries.