New Year's Resolution - Get Your Will Done - Estate Planning

 

Whenever I meet with a new estate planning client I like to take the time to know what brought them to finally sit down and plan the disposition of their assets at death (what many people call 'getting my affairs in order' or 'getting my will done'). Some decide to get their will done because of some event in their lives, a new baby, a new marriage, a new divorce, a recent death, an inheritance; while others have much more unexpected reasons for finally getting it all in writing.

For example, I met a client once who had an overwhelming fear that her grandmother's china collection would be separated at her death that she made elaborate provisions for it in a trust (I don't think she ever actually ate on it!). Another client came to me because they intentionally wanted to make the probate process miserable for their heirs, looking to me to make the most complex and inefficient plan possible so her estranged family would have great difficulty in getting at her property through the Probate Court (needless to say we sent her elsewhere for her tormenting plan). Yet other clients are motivated, even upon their deaths, by nothing more than saving money on taxes - what I call making Uncle Sam a lesser heir to your estate. I guess it is good to do what's legal to reduce your estate taxes, but some folks are more worried about the savings in tax than protecting spendthrift kids from them summarily blowing their increased inheritances. We are seeing more and more people getting their estate planning done, not to avoid probate or reduce estate taxes, but to protect their pets. I guess pets are people, too.

Whatever the reason to getting an estate plan done, it's truly the action of taking the steps necessary to complete a plan that matter, as without proper planning,  incapacity or death can have many unintended consequences. GosselinLaw.com >

 

Real Estate Development Scams, Contentious Inheritances and Saturday Morning

The other day I was asked how I became an elder law lawyer that handles real estate and probate matters. I responded in the usual manner that my father was a trial lawyer and my mother a nurse at a Massachusetts nursing home and I wanted to combine my quantitative aptitude with my interest in directly helping people. But, then I put a little more thought into what it was in my origins that passively educated me in dealing with real estate development, probate, elder law and other areas of Massachusetts law. It had a lot more to do with Saturday mornings.

There was this farm operated by old farmer Jones who was a fourth generation farmer. He had a hired man, Mike, that helped care for the animals. Mike had only been working there for a few months when farmer Jones' daughter's friends came by for a visit. You see the farm was right near a new interstate and would be a perfect place for a new shopping mall worth millions of dollars. But farmer Jones had no interest in real estate development, he wanted to keep the family farm for his children. Then farmer Jones' great-great grandfather showed up and started to scare all the animals and the Jones family as a spooky floating ghost. One of the friends that was visiting noticed that after the ghost showed his haunting face that there were footsteps with drops of glow-in-the-dark paint. She went with her dog to follow the tracks and after a few crazy chases around the farm - they caught the "ghost". He was unmasked by the gang of friends - it was Mike the caretaker! Apparently he thought he could force farmer Jones to sell the farm to him cheaply so he could build a shopping mall. Mike's comment? "I would have gotten away with it too, if not for those pesky kids and that dog!" Roh, Roh. Yes, Scooby Doo has more probate cases, real estate development schemes and legal problems than any cartoon in modern history.

Look closely next time you're watching the show or even the dreadful Scooby Doo movies. There's one movie from Hawai'i that is about a local kid scaring everyone away with evil spirits so he can scoop up their seaside village for real estate development. Another one where a well intending nephew is really trying to get title to the family's hotel. There isn't a Scooby Doo without a storyline that any Massachusetts lawyer wouldn't love.