E183 Did Her Estate Plan Work?

E183 Did Her Estate Plan Work? A Solo Ager Example


Let’s take a look at a real world example of whether a Solo Ager’s estate plan worked towards the end of her life.

Ms.H’s Plan: DIY Will + Professional Executor

Background

Ms. H is a solo ager (unmarried, no kids, over 60 years old) who’s been estranged from her closest relatives (siblings and nieces and nephews) for decades.

She made a do-it-yourself will leaving everything to charity. Thankfully, she hired a lawyer to supervise her will signing.

Ms. H named me her professional executor in her will, and over the past 10 years her wishes have remained largely the same.

Recently

Sadly, age has caught up with Ms. H, and she was recently hospitalized for lack of self-care. Her doctors agree they cannot discharge her to live alone anymore, so we’re making arrangements for Ms. H to move into assisted living.

take care of yourself

She’s understandably anxious about all this, and even contacted her long-estranged niece and asked her to visit.

What Went Right with Her Plan?

Ms. H avoided a few problems by naming me her professional executor.

First, she won’t have to deal with any “court-appointed strangers,” such as a guardian. Instead, she can turn to me, someone she’s chosen and has a relationship with.

Second, she felt comfortable reaching out to estranged family, without fear they’d try to sneak into her inheritance. Since Ms. H already has a will and an attorney-executor standing by, her niece has focused solely on reconnecting with Ms. H emotional, not financially.

And lastly, Ms. H’s doctors, hospitals, and social worker have all been grateful to have me as a main point of contact for her care.

What Went Wrong with Her Plan?

Her plan does have a couple of weaknesses.

Since an executor steps in after death, I don’t have authority to help Ms. H now. For example, I can’t help make financial arrangements for her to access a better assisted living. She much choose among the options thru Medicare.

Also, if unscrupulous and aggressive family comes out of the woodwork, I have fewer tools to fend them off. We’d have to battle in court, which could waste Ms. H’s time and money, and cause her stress.

Why a Trust Could Have Been Better

If Ms. H had made me trustee, I’d be better to avoid any court-appointed strangers for her. And more ability to upgrade her care, and deter unwanted family, without having to go to court.

Living trust and estate planning form on a desk.

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E172 Essential Retirement Planning for Solo Agers with Sara Geber Part 1

E172 Essential Retirement Planning for Solo Agers with Sara Geber (Part 1)

Talking “Essential Retirement Planning for Solo Agers” with Sara Zeff Geber. In part 1, we cover:

(1) Who are Solo Agers? and
(2) Different Housing Options for Solo Agers

Buy the book “Essential Retirement Planning for Solo Agers” at (https://amzn.to/2AqEIYD)

E171 How Lockdowns are Affecting Probate

E171 How Lockdowns are Affecting Probates


An insider’s look into how the lockdowns are making probate even more difficult than usual. Even if lockdown over by the time this airs, probably lingering residual effects.

Today we’ll discuss how lockdowns are affecting:

  1. The courts
  2. Banks and brokerages
  3. Real estate
  4. The IRS
  5. Lastly, creditors

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E164 Can I Be Your Executor in Another State (Outside New York)?

E164 Can I Be Your Executor in Another State (Outside New York)


Yes, I can and have served as executor for clients outside of New York. You just need to be aware of the pros and cons.

Pros:

  1. General legal and tax knowledge
  2. Independence
  3. General understanding of process

Cons:

  1. No local knowledge
  2. No boots on the ground
  3. More expensive

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E161 Court-Appointed Strangers

E161 Court-Appointed Strangers

Most of us cringe at the idea of some stranger or bureaucrat having power over us. But that’s exactly what happens with Court-Appointed Strangers. Specifically Guardians: the strangers with power over our seniors

Today we’ll discuss:
(1) How Guardians get power
(2) Some unnerving examples
(3) It’s always about money
(4) How to avoid this type of stranger
(5) Other types of court-appointed strangers

Why Does Probate Take So Long_ Tax Clearance

E155 Why Does Probate Take So Long? Tax Clearance


The second most common question about probate is: why does probate take so long? Lately, one of the biggest culprits is getting tax clearance.

We’ll discuss:

  1. Why tax clearance is so important
  2. Estate tax on the 1%
  3. The IRS and the Deceased’s 1040
  4. See you next April
  5. Don’t Forget form 5495!

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Estate Planning for Bitcoin

Estate Planning for Bitcoin

Cryptocurrency has an estate planning problem. And it’s one of the barriers to wider cryptocurrency acceptance. Nobody wants to accumulate an asset that may disappear, often upon death.

Getting Final Affairs in Order Before Death

Getting Final Affairs in Order Before Death

Whether you’re the caregiver or the terminally ill, it can be satisfying to help get organized and take inventory. This is really important if there aren’t many close relatives.

5 Tips for Banking with Estates

E153 5 Tips for Banking with Estates


So you need an estate checking account. Sounds easy enough, right?

We’ll discuss:

  1. Forget online: go to a branch
  2. Not all branches are created equal
  3. Estate deposits
  4. Medallion guarantees
  5. Quid pro quo

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Unexpected Notary Headaches in Probate

E149 Unexpected Notary Headaches in Probate


You may think notarizing a doc is a piece of cake. Just go to a bank, pharmacy, or stationer, right? Not always…

We’ll discuss:

  1. Originals are required
  2. Going to the US embassy
  3. What the heck is an apostille?

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