Tuesday, October 18, 2011

October 17 - 23 is National Estate Planning Awareness Week

Organization is a critical part of estate planning
By Executor's Resource, Inc.

In September 2008, Congress enacted HR 1499 which set aside the third full week in October each year as National Estate Planning Awareness Week. This year it is observed from October 17 – 23.

Whether you have a proper estate plan or not, inventorying your important information -- legal, financial, digital and personal -- is a critical part of estate planning. All too often, families struggle after a loved one passes to simply locate the details and papers needed to settle the estate and honor their loved one's wishes. Don't let this happen to your family.

Here are 5 easy, inexpensive things that you can do to have a better organized estate and legacy.

1) Use our estate organization checklist to identify what you have, where it's located, and who to contact.
2) Review the beneficiary designations on your major insurance policies and financial accounts. Is the person currently named in line with your wishes? If yes, great. If no, you have some updates to do.
3) Gather a listing of your computer and online accounts -- emails, blogs, paypal, etc. Inventory login credentials so your loved ones will be able to have future access.
4) Check the paperwork for your safe deposit box. Is your future executor/personal representative formally named as someone who can have access? If not, they may run into issues. At a bare minimum, make sure this person knows where the key is.
5) Have "the talk" with your future executor or personal representative. Your wishes are best made known by having a frank conversation with those you love.

Our EstateLogic subscribers love that they can do all of this and more online in their own private, secure vault. We encourage you to check it out - we bet that you'll feel the same.

Tuesday, October 11, 2011

Estate Tax Alert: State of Oregon

Attention Oregon residents or any non-resident who owns property in the state of Oregon. Change is on the way! We encourage you to contact an estate attorney to get your estate plan reviewed in light of the anticipated changes.

On January 1, 2012, the Oregon's current inheritance tax will change in several ways. According to About.com's Wills & Estate Planning expert Julie Garber, three primary changes will occur:

1) The name of the tax will change from "inheritance" tax to "estate" tax. This brings Oregon's law in line with the majority of the states and the federal government which define an estate tax as one that applies to the entire value of the estate versus a tax that is applicable only to select beneficiaries of an estate.

2) The second change is in how the exemption amount of $1,000,000 (amount to remain the same) is applied. Presently, once an estate's value exceeds $1,000,000, the entire value is taxed. Post 1/1/2012, the tax will only apply to the amount of the estate that exceeds $1,000,000.

3) New rates will be in effect after 1/1/2012, the net result being that estates valued between $1,000,000 and $2,000,000 will experience a decrease versus current day rates, and those valued over $2,000,000 will experience an increase.

Ms. Garber provides a link to a table outlining the new rates here as well as an updated version of state estate tax and exemption chart. If you are uncertain about the laws that govern in your state of residence (or in a state where you own property), it's worth a read now to be fully informed.

Remember, the changes occurring in Oregon from the federal estate tax. For a quick review of the 2010 changes to the body of law that governs the federal estate and inheritance taxes click here.

Monday, October 3, 2011

Top 5 Estate Planning Must Reads from September 2011

If you're on Twitter or Facebook, but don't currently follow us, here's our Top 5 list for September 2011 of must read articles about estate planning, organization, and settlement. We hope you enjoy them as much as we did!


1. How to properly name IRA beneficiaries: http://bit.ly/nuNRHi
2. It's time to have the talk -- 6 things to do before your spouse dies: http://onforb.es/onX8od
3. Top 5 reasons to avoid joint ownership between generations: http://onforb.es/osOcee
4. Have you talked with your family about your estate plan? The WSJ shares some pointers: http://on.wsj.com/ro4mRU
5. On legacies with strings attached: http://on.wsj.com/qNtq3p 

To follow our future postings, check us out on Twitter or Facebook. Take action with your own affairs today -- check out EstateLogic, our online estate organizer, at www.EstateLogic.com.

Wednesday, August 24, 2011

Part 1 -- Access to Digital Assets: An Important Aspect of Every Estate Plan

By Executor’s Resource, Inc.

Remember when:

- Physical bills would go in the stack by the telephone to be paid at the end of the month?

- Local music stores were the only place to go for that favorite song played on the radio?

- You visited your local store to get that roll of film developed and had to wait a week before seeing if you captured a good shot?

Thanks to rapid technological advancements, what used to be commonplace is now a thing of the past. For many of us, the routine events described above have been rendered insignificant with the advancement of the Internet and everything it has to offer. Bills can be paid with the stroke of a few keys. Music can be purchased in a mouse-click. Photos from your smart phone or digital camera can be transferred to a digital account and shared with anyone who has an email address. What innovation!

We have all of these digital accounts that can make our lives easier and richer. But now the questions become: “How do I keep track of all of this?” and “What happens to all my stuff when I die?” To find the answer, we started with researching the question “Who owns my online stuff while I’m living?”

In this multi-part blog series, we’ll talk about ownership and transfer rights associated with bank accounts, music, email accounts, photos, and more, along with considerations for incorporating access to these important digital assets into your estate plan.

Bank Accounts

The Pew Internet & American Life Project recently revealed that 58% of Internet users engage in some form of online banking . Online banking is usually provided as a free service by banking institutions, and is used to easily transfer money, pay bills and keep an active eye on one’s accounts. However, when an online banking customer passes, certain steps need to be taken to make sure his or her accounts are handled appropriately.

According to Marcie Geffner at Bankrate.com, if a bank account isn’t held jointly or in a trust, this account becomes off limits to family or friends until the estate is settled in a court proceeding, If an individual’s family members try to use the account to pay bills or transfer money before his estate is legally settled, this is classified as forgery and fraud. Read Geffner’s full article here.

Music

It would be natural to think that, when you buy an album on iTunes, it’s yours to do as you please with it. This is the case for CDs, LPs, and books. Once finished with a CD or book, common law allows you to give it away or resell it. However, this is NOT the case for digital music. You cannot buy from iTunes without digitally accepting a user agreement which removes your legal right to “…redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer” your digital content. So basically, when you die, your music is supposed to be extinguished with you. For more information on this subject, please read some great research that Business Insider contributor Connor McKnight has done here.
 
In our next posting, we'll continue our coverage on digital assets and talk about key estate planning considerations. In the interim, we'd like to hear from you -- are your "digital assets" currently a part of your estate plan? What provisions do you have in place so that your family can access the information they need?

Friday, July 15, 2011

Top 5 Estate Planning Must Reads for July

If you're on Twitter or Facebook, but don't currently follow us, here's our top 5 list for July of must read articles about estate planning, organization, and settlement. We hope you enjoy them as much as we did! 

1) Great article "Elder Law Minute: Prenuptial agreements in estate planning":
2) Some great tips from SmartMoney on writing (or updating) a will:
3) The Wall Street Journal's take: 25 documents you need before you die: http://on.wsj.com/rpAiLX
4) The great American yard sale - retiree downsizing: http://on-msn.com/rmclgv
5) Executor: the toughest job you never wanted: http://bit.ly/qN1Cq2

To follow our future postings, check us out on Twitter or Facebook. You can check out EstateLogic, our online estate organizer, at www.EstateLogic.com.

Tuesday, June 14, 2011

Skip Rapp, CEO featured on Money Matters Radio

Just recently, our CEO, Skip Rapp had the chance to talk to Chuck and Joe Utter on Money Matters Radio.  Chuck and Joe are principals at Oxford Financial Designs, Inc., a registered investment advisory firm in Westminster, CO.  They had over 38 years of combined experience in financial planning, and were very interested to learn about Executor's Resource and its flagship product EstateLogic.  We've provided a question and answer format to the conversation Skip and Chuck had, complete with audio snippets of the talk show.  Enjoy!


Chuck: When and how did Executor’s Resource get started?
Skip: Like so many high-tech / software companies, usually the idea comes when somebody encounters a problem and there has to be a better way.  Our Founder Myra Salzer is a renowned financial advisor.  About 10 years ago, she found herself being the executor of her Dad’s estate and figured, “This is going to be a piece of cake.”  About a year into the process she found it to be a lot more complicated than she thought it was.  This is the genesis of how the company got started.   



Chuck: The word “executor” is often misinterpreted.  Can you explain what an executor, or personal representative, does?
Skip: A recent study on a group of baby boomers revealed that only 5% could accurately describe what an executor does.   A large percentage of those listening to the show today will be appointed an executor.


An executor is what I like to call “The CEO of your afterlife.”  It’s the person who takes charge of all the things that you’ve got and arranges for what happens to them after you’re gone.  Being an executor can take up to a year and a half, and is a daunting task. 



Chuck: Who typically performs the role of personal representative (or executor) and does it tend to be a difficult job?
Skip: Yes, it can be a very time consuming job.  In about 90% of cases, the personal representative or executor is a close family member or friend: someone we love and trust.  Because it’s such an important role, we assign it to someone who we know we really can trust.  In most cases they’re not prepared for this and for many people it ends up being a train wreck. 



Chuck: So how can we make it easier for the personal representative?
Skip: The core issue really is finding the stuff.  Think about all the things you accumulate over the course of your life, whether it be assets or estate documents or your own personal legacy, which in many ways is the most important thing that we pass on.

Up to 80% of the cost of settling an estate is simply finding the stuff.  This can take a long time and very often there are a lot of assets that are never found



Chuck: Some people are telling us that they think wills are the be all and end all of estate planning, what would you say about that?
Skip: Well, it certainly isn’t enough.  We are much much more than the sum of our assets.  It’s the personal legacy, family stories, history and messages that we want to pass on to successive generations.  For very many families, regardless of wealth, these are the most important things that are passed on.  These are very often more important than the assets.



Chuck: We’re hearing a lot about a concept called “digital assets” or “digital afterlife.”  Things like our email accounts, blogs, online social network accounts. What happens to our online life after we die?
Skip: Today a lot of individuals have their financial assets online in digital accounts.  That makes it a difficult issue to find these accounts if there are no physical records of them. Around $2 billion of assets are not claimed each year because people simply can’t find them.


For other accounts like email, Google and Facebook, you need to check with each of these companies about who owns this data after they pass away.   They are changing their policies as we speak to account for this issue.  This points to the need for organization and trying to take care of those issues up front so you don’t put a huge burden on those you love.  



Chuck: So how can Executor’s Resource play into this [digital afterlife]?
Skip: Executor’s Resource has created EstateLogic that allows you to get your arms around all the stuff you’ve got: what you have, where it’s located and who to contact.  The service helps walk you through this process.  It’s a great gift you can give to your executor by taking a huge amount of strain off their backs and giving them a great deal of piece of mind.  There is a depository for estate documents, a place for assets, a place for family legacy and also instructions.  It’s a very robust repository that’s easy to use and supported by financial guidance and education. 



Chuck: So I’ve got all my important documents in a drawer at home, why would I need EstateLogic?
Skip: First of all, having those documents in a drawer at home is a good start.  But the fact is it’s very unlikely that any of us, given all the things we’ve accumulated over life, can get all those things in a drawer including videos and audio recordings, photographs and other legacy things that we want to pass on to other generations.  In many cases your executor might be living in another state.  If they were living somewhere else they would be able to access this information online. 



Chuck: Can you be more specific about how the information is kept safe?
Skip: The data goes directly from the customer into our data hosting service in Denver.  These data hosting services support banks and are very secure.  The key is that you have a security viewpoint from the very beginning.  We hired a software security to walk with us step by step from the very beginning of the development of the software ensuring that the very best protocols are in place.  



Chuck: How much does EstateLogic cost and how do people pay for it?
Skip: It’s relatively inexpensive.  You can purchase EstateLogic by the month with a credit card for under $5.00.  You can go to EstateLogic.com and purchase it.  It’s also available through a number of financial advisors at a discount, and locally through Colorado’s Bellco Credit Union.  



So how can listeners find out more?
They can go online to www.estatelogic.com.  We have a 2 minute video you can watch, or you can call our customer service team at: 
866-645-6051 ext 3 
or locally at 
303-444-5149 ext 3.

Thursday, May 26, 2011

Being Curious About George


In April 2011, Executor’s Resource welcomed George Deriso as its new Chief Operating Officer. George’s previous experience includes senior positions at Apple, AT&T and Gartner, Inc., and we love the new insight he gives to our culture and our product. 

Over the past month we have had the opportunity to get to know George, and he shared a story with us that we have the honor of publishing right here as part of our blog. We are thrilled to be sharing it with you all. Enjoy!
 
Why I Joined Executor’s Resource
by George Deriso

“Twenty-five years ago this December my maternal grandmother died. I spent time with her while she was in the hospital, and shared many stories and fond memories with my siblings and parents while we anxiously waited in the hospital visitor's room, hungry for good news that never materialized.

My mother was the second of three children, bookended by her older brother and younger sister. Through the years my own siblings and I were growing up, my mother went to great lengths to take us frequently to visit my grandmother. We loved her beautiful San Francisco home; situated next to a park and built in 1940, it was an ideal place for kids to run around and explore.

She was a lover of antiques and artwork and had a magnificent collection of silver serving dishes and utensils that she brought out for festive meals at Thanksgiving and Christmas. And she was an exceptional cook. Needless to say, when she died she took a big part of my childhood with her.

She was prepared, though. She had an up-to-date will and had already appointed an executor for her estate: my mother's younger sister.

Whether through intention or misdirection, my aunt was not able to organize and execute my grandmother's considerable estate. Bank accounts were drained, CDs cashed out, expensive cars sold or put to use by my aunt's immediate family - all to the frustration and growing anger of my mother and her brother. They, in effect, were left out of the settlement of the estate.

After several months, my mother sued my aunt for the executorship and won the suit. When she took over the estate, it was all but decimated. It took many more months to sort out what had happened and organize what remained. The last items were distributed between my uncle and my mother and my grandmother's estate - after a few years of duress - finally was closed.

Neither my uncle nor my mother ever spoke to my aunt again, and all three have passed away. I lost touch with my cousins. Besides suffering the grief of my beloved grandmother's death, I had lost another large portion of the family I had grown up with.

With this memory as a backdrop, I fast forward to 2002. My mother was diagnosed with advanced COPD (late stage emphysema), a degenerative disease with no cure. She appointed me as her executor: a dubious honor in my mind.

The only experience I had with executorship was the destruction of my grandmother's estate and the resulting acrimony that tore our family apart. I used this as a benchmark for what not to do and set about learning what I was required to do as an executor.

With the help of my siblings, I spent the next four years:
-       videotaping and cataloging my mother's belongings
-       journaling and recording family stories and anecdotes
-       putting powers of attorney in place
-       creating healthcare directives and living trusts
-       gathering mementos, artifacts, contact lists, organ donor details and much more.

More importantly, I made it a point to phone my mother weekly and bring my wife and children to visit frequently.

When my mother died in March of 2006, the grief we all felt was heavy. I set about my duties as her executor. The time we had spent organizing her estate previous to her death immediately paid off. The conversations we all had settling her estate only took one month. My siblings were cooperative and supportive - no acrimony. Instead of focusing on matters of the material estate, we could focus on the stories of our long past together - something I know for certain my mother would have wanted.

The differences between my grandmother's estate settlement and my mother's were fueled by organization and communication. On the surface, these are two functions performed very well by EstateLogic®, the flagship product developed by Executor's Resource.

But the product does so much more. It becomes the medium for creating your life's story and sharing it in a deeply meaningful way both while you are alive and later when you are not. The people behind Executor's Resource are extraordinary in that they believe that you are your estate. For us, it's not just the tangible artifacts that represent you, but your stories as told in voice, video, words and photos.

So my decision was simple: to work with a group of people who care more for who you are than what you are, investing my passion in a product that can dramatically reduce the time it takes to settle your estate while ensuring that your specific wishes are met as you intend them to be - without acrimony and without unrecoverable cost.”