Scott will be teaching part of a course on probate for National Business Institute on December 20, 2018. This basic level course, titled The Probate Process from Start to Finish, runs 8:30-4:40 at the SpringHill Suites in Boise. The cost is $329 to $349. Or, if you have specific questions about your own probate matter, schedule a free consultation with Scott today. ...
Navigating the Probate Process — What to Do Now That a Loved One Has Died
If your loved one died recently, you are likely in turmoil. You may feel a variety of emotions -- grief, anger, or even relief. You also may be worried about what you need to do from a legal standpoint to wrap up a person's affairs. If so, you need to understand the probate process, and this post will help. What is Probate? Probate is a court process for wrapping up a deceased person's legal and financial affairs. Steps in the process may include the following: Appointment of a ...
Add your child to your deed? No!
I get asked often why you shouldn't just add your child to your deed on a house or vacation home. Doing so is an awful idea and should never be done. And, listen, if you can get a lawyer to say you should never do something, it's probably a really bad idea. Here's why: Gift Tax When you add a child to your deed, you are gifting a 50% share of the house to that child. That gift is subject to the gift tax, and you would be required to file a Form 709 with the IRS to declare that gift. If ...
Star Trek Actor Left No Will
Anton Yelchin is best known for playing Clumsy Smurf in The Smurfs (oh, yeah, and Pavel Chekov in the new Star Trek movies). At the age of 27, he died in an accident. News media are reporting that his parents have filed probate, claiming that he did not have a will. His estate (which is a legal word that just means “everything you own at the time of your death”) is already worth about $1.4 million. Because he died in an accident (his Jeep rolled down the driveway and killed him), that ...
Probate And Taxes Are Two Unrelated Things
I frequently teach classes on the basics of estate planning. (I do it for free, because I enjoy it, so if you want me to speak to a group of yours, please contact me!) As part of that, I often hear misconceptions about estate planning. One big one that keeps coming up is a perceived link between filing probate and paying estate taxes. Probate and taxes are two unrelated things (well, mostly unrelated anyway). Probate is the legal process for wrapping up a deceased person’s financial ...
Own Things With Friends: Pros And Cons Of Various Ownership Ideas
Continuing on from my last post about community property laws in Idaho, today I’ll look at various types of property ownership and the pros and cons of each. I’m thinking here about how you hold bank accounts, title to real estate, or investment accounts with a co-owner. In Idaho, it is common to find property (especially real property) titled as “Bob and Sue Smith, husband and wife.” The effect of holding property in that “community property” form is that, upon the death of one spouse, ...
Should I Take Steps To Avoid Probate? Yes!
One of the common sources of misunderstanding in the estate planning arena is the topic of probate. Simply put, probate is a legal proceeding that takes place after a person dies, to wrap up the financial affairs of that deceased person. Typically, the process involves a number of steps: establishing whether the person had a valid will; taking an inventory of the person’s assets at death; paying any debts and taxes owed; and distributing the remaining property under the will ...
Do I Still Need A Trust?
It used to be very common for estate plans to include a two-part trust scheme, often called an AB trust, designed to avoid or minimize estate taxes. In 2012, Congress finally passed “permanent” estate tax legislation, with the estate tax exemption set at $5,000,000 per person adjusted for inflation. In other words, married couples who have less than $10,000,000 in assets no longer face serious estate taxation concerns. It might be tempting to think that the once-common trust is now a relic ...
Do I Really Need A Will?
Following up on my last post, I get a lot of questions about whether people really need wills. The short answer is, of course, it depends! The purpose of a will is simply to announce (in a legally-binding way) your intentions for what should happen to your property and who should care for your minor children after your death. So if you have no kids, no spouse, and no property, then you probably don’t need a will. But once you are married, or have kids, or start to own property (like ...
