Author: drussellcfp (Page 4 of 10)

Can a Trustee be removed for being a Pain in the backside?

August 19, 2020 / drussellcfp

In this episode of the case files, I discuss the Texas case of Ramirez vs. Rodriguez, et. al., a case that involves four sibling co-trustees and the attempt by three of them to remove their trouble-making brother because of his hostile actions. Is being a royal pain in the derriere enough to remove a trustee from office.

This case reminds me of a scene from an episode of The Marvelous Mrs. Maisel, an Amazon original series that I have featured in the video.

Both this case and the scene from the series drive home the point that sometimes mixing family and money can be an explosive combination.

Choose your trustees carefully!

Elder Law firm gets sued by client for referring her to a fraudulent advisor

August 17, 2020 / drussellcfp

It is common practice for professionals to refer clients to one another. Clients often don’t want to shop around for someone when a professional they are already working with knows another professional to whom they can refer. Many avoid referring a single professional, preferring instead to provide 3-4 references that the client can contact on their own.

A Hartford CT firm specializing in elder law is facing a malpractice lawsuit from a client who claims it referred her to financial advisor, Thomas Renison, who stole some $400,000 from her over the course of a decade. Apparently, the law firm also received a referral fee from Renison.

The complaint states the firm knew or should have known about Renison’s “dangerous” history. Renison was barred by the SEC in 2014 but resurfaced through a 3rd party LLC and is now facing charges of “allegedly using the LLC to defraud seniors of $6 million between 2015 and 2018.”

It’s always the bad apple that spoils the bunch.

Source: Risky Business: Malpractice Suit Alleges Hartford Firm Got a Fee for Referring Client to Fraudster | Connecticut Law Tribune

Are your aging parents prone to hiding cash around the house? Be aware of the pitfalls.

August 12, 2020 / drussellcfp

Texas Attorney Virginia Hammerle writes about the dangers of leaving cash hidden around the house or elsewhere as inheritances to be discovered after the owner’s death.

Your cash may never be found. Your house and/or its contents could burn up, get sold in an estate sale or be blown apart by a tornado. The dog could eat it. It could turn into a block of moldy and unrecognizable paper.

When you are doing your estate planning, do not forget to make a plan for distributing your cash. Here’s why you should have a plan in place.

Source: Dash for Cash – Informal Funding of Inheritance Has Hidden Dangers

Calling Aging Parents, the “New Children” is demeaning and ageist.

July 10, 2020 / drussellcfp

A recent Fox Business News report that otherwise does an admirable job of discussing the challenges faced by families with aging parents nevertheless steps over the line with the title of its report. While likely unintentional, the title of the story – “Aging parents are the new ‘children’ | Fox Business – is demeaning to older adults who are already fighting to preserve their dignity and overcome ageist attitudes towards them.

Referring to aging parents as “children” instead of simply older adults, or adults with limitations, reinforces negative stereotypes about older people that have been shown to contribute to their poor health and more rapid decline.

A 2015 article in the Journal of Geriatrics titled, Stereotypes of Aging: Their Effects on the Health of Older Adults, discusses several studies that affirm the health benefits of healthy age stereotypes (messaging) as well as the harmful effects of negative stereotypes. For example, subjects primed with more negative stereotypes such as sick, needy, dependent, burdensome, and childlike, were more likely to suffer from memory loss, hypertension, coronary disease, and depression, than subjects primed with positive messaging such as wise, valuable, experienced. Those who were exposed to negative stereotypes at home died on average seven years before those who received positive reinforcement.

Nearly all of the world’s wisdom traditions include honoring the old as a core tenant of belief and practice. Negative stereotypes and demeaning labels such as being called a child does little to bring honor to those whose guidance, advice, comfort, affirmation, and support we earnestly sought for years.

Otherwise, the report contains a lot of useful tips for families.

Source: Aging parents are the new ‘children’ | Fox Business

Court of Appeals Affirms That Will Was Product of Undue Influence

July 9, 2020 / drussellcfp

The Law Firm of Faegre Drinker Biddle & Reath LLP, recently published the trial court results of a case involving a charge of Undue Influence brought by the two adult children of William Moriarty.

Mr. Moriarty was widowed in April 2016. William had been diagnosed with depression, anxiety and congestive heart failure following Doreen’s death. Eve, who had been married three times previously and had met William while Doreen was alive, began dating him within weeks after Doreen’s death.

Afterward, Cathy and Paula noticed a marked change in their relationship with their father, though they did not learn of his and Eve’s relationship until soon before they were married. Eve and William married about seven months after Doreen’s death, and neither Cathy nor Paula were invited to, or attended, the wedding.

From firing William’s caregiver to procuring a new will for him through her own lawyer, Eve also was named as joint owner of a new, large home purchase shortly after their marriage, as well as of a new $60,000 Lexus.

Relying on an expert witness, the court determined that William’s physical and psychological impairments made him vulnerable to undue influence.

The trial court was convinced that Eve exercised undue influence over William due to multiple facts presented at trial, including the dramatic shift in his estate plan only one month before his death and Eve’s involvement in procuring his will and surrendering his life insurance policy. The trial court was less than impressed with Eve’s demeanor in court, noting her “flat affect during emotional testimony,” which left the court “with no confidence that Eve married William because she loved him and with the conclusion that Eve planned to take all of William’s money all along.”

Ultimately, the trial court declared that the purported will was invalid due to William’s lack of capacity and Eve’s undue influence over him, and it ordered that William’s estate be distributed as if he had died intestate.

The court also ordered Eve to transfer title of bank accounts, the house and the car — all of which she otherwise would have received as a joint owner — to William’s estate.

Source: Court of Appeals Affirms That Will Was Product of Undue Influence | Publications | Insights | Faegre Drinker Biddle & Reath LLP

American Bankers Association Releases the “Mind Your Loved Ones” App

May 5, 2020 / drussellcfp

Few things sound as bad as being in the hospital alone. Healthcare workers have become surrogate mothers, fathers, friends, and children, in this new-normal of self-sequestered living. To exacerbate matters, hospitals are often in need of critical medical documents such as emergency contacts, healthcare directives, DNR (Do Not Resuscitate) Orders and the like.

To help with the latter problem, the American Bankers Association (ABA) has released its Mind On Your Loved Ones App that allows family members to store this critical information on their smart phone or tablet, and share it with medical professionals and hospitals if they cannot be present.

Having this information in the hands of those we’ve entrusted to carry out our wishes if we’re unable to speak for ourselves is important. Even more so now that we cannot be assured that our loved ones will be at our side if current events prevent it.

Mind Your Loved Ones, known as MYLO, is a mobile app that gives individuals the ability to store their own and their loved one’s critical medical information, health care directives, and other related data on their Apple or Android phones, iPads® or tablets. ABA members can download the app at a discounted price.

Source: MYLO – Mind Your Loved Ones

Am I liable for losses in my parents’ accounts during the COVID crisis?

April 27, 2020 / drussellcfp

If you manage your parents’ investment accounts because they are not capable, you may have watched helplessly the past several weeks as their stocks fell by thirty percent or more from the S&P 500 index highs in mid-February to its low point so far on March 23rd.

They say blood is thicker than water, but money is thicker than blood in my experience, so if you are managing your parents’ accounts, you may have concerns that either they or some extended family members may feel you should have done something to prevent the declines in your parents’ accounts.

In this video, I offer three tips to lessen your exposure to liability.

The Financial Impact of Dementia

April 23, 2020 / drussellcfp

In the video below, Robert Powell, editor of The Street’s Retirement Daily, and Angie O’Leary, head of wealth management with RBC Wealth Management, talked about the need to plan ahead for the possibility of dementia and the type of plans to put in place.

According to O’Leary, the plan should include having key legal documents – a power of attorney, healthcare directive, and will – in place as well as having assets properly titled and beneficiary designations current. Consider too, she said, the benefits of a trust and professional executor services, as well as supplemental insurance, including long-term care options.

O’Leary also noted the need to understand early warning signs and, after a diagnosis, acting swiftly to protect the family from financial missteps, abuse and liability.

Having a plan is essential, and key legal documents—a power of attorney, healthcare directive, and will—should be in place.

Source: The Financial Impact of Dementia – TheStreet

If you are struggling through the financial transitions of aging, Wealth and Honor is here to provide you with resources to help you and your family through it.

Do you really want to be an executor?

March 5, 2020 / drussellcfp

You may find that you have been named as executor (executrix if you are female) of your parents’ will. After reading the duties below, you may not want the job. It is a tiring, time-consuming, and frequently a thankless responsibility that you may want to resign from– and certainly have the right to do so.

Some of the more important duties and responsibilities of being an executor include:

Find the latest will and read it.
File a petition with the court to probate the will.
Assemble all the decedent’s assets.
Take possession of safe deposit box contents.
Consult with banks and savings and loans in the area to find all accounts of the deceased. Also check for cash and other valuables hidden around the home.
Transfer all securities to your name (as executor) and continue to collect dividends and interest on behalf of the heirs of the deceased.
Find, inventory and protect household and personal effects and other personal property.
Collect all life insurance proceeds payable to the estate.
Find and inventory all real estate deeds, mortgages, leases and tax information. Provide immediate management for rental properties.
Arrange ancillary administration for out-of-state property.
Collect monies owed the deceased and check interests in estates of other deceased persons.
Find and safeguard business interests, valuables, personal property, important papers, the residence, etc.
Inventory all assets and arrange for appraisal of those for which it is appropriate.
Determine liquidity needs. Assemble bookkeeping records. Review investment portfolio. Sell appropriate assets.
Pay valid claims against the estate. Reject improper claims and defend the estate, if necessary.
Pay state and federal taxes due.
File income tax returns for the decedent and the estate.
Determine whether the estate qualifies for special use valuation under IRC Sec. 2032A, the qualified family-owned business interest deduction under IRC Sec. 2057 or deferral of estate taxes under IRC Sees. 6161 or 6166.
If the surviving spouse is not a U.S. citizen, consider a qualified domestic trust to defer the payment of federal estate taxes.
File federal estate tax return and state death and/or inheritance tax return.
Prepare statement of all receipts and disbursements. Pay attorney’s fees and executor’s commissions. Assist the attorney in defending the estate, if necessary.
Distribute specific bequests and the residue; obtain tax releases and receipts as directed by the court.
Establish a testamentary trust (or pour over into a living trust), where appropriate.

If you find the task to be too over-whelming, talk to your parents about it if you can. Examine their wills to see if anyone is named as an alternate and discuss these duties with that person. You may even find that the person(s) named as executor are no longer living; or they may have named a bank trust department with which they no longer do business. If you feel it is a duty that you can and want to do, be sure to contact a qualified lawyer in your parents’ state of residence to help you in the process.

5 Reasons I Regret Filing A Will Contest

February 27, 2020 / drussellcfp

When a family member has died, it can add insult to injury to learn that you were cut out of the will. Contesting the will is likely an initial thought. We talked to people who have filed will contests, and came up with the top 5 reasons I regret filing a will contest. The reasons are:

I was not honest about my relationship with the decedent.
A will contest is more stressful than I realized.
I was not realistic about decedent’s mental and physical condition.
I did not have a clear idea of what I was fighting over.
I did not realize how much a will contest would cost.

For a breakdown of each of these five reasons, follow the source below.

Source: 5 Reasons I Regret Filing A Will Contest | Probate Stars