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.”

Tuesday, May 3, 2011

Bellco Credit Union Offers EstateLogic® to Help Members Meet Their Critical Estate Organizing Needs

On May 2, 2011 Executor's Resource cordially welcomed Bellco Credit Union and its members to the EstateLogic® community. A comprehensive online organizer, EstateLogic helps people catalog and store not only important documents and details -- wills, tax returns, birth certificates, website passwords -- but also personal legacy information such as photo albums, social media accounts, heirlooms, diaries, videos and more, all in a safe and secure online repository that it is easy to access when loved ones need it.

EstateLogic is one of a number of partner resources available to Bellco members via the credit union's website at Bellco.org providing a one-stop resource for a broad range of financial planning needs. To access EstateLogic, members pay a low monthly fee, discounted for Bellco members.

You can get more information here.

On behalf of everyone at Executor's Resource, WELCOME Bellco Credit Union!

Tuesday, March 29, 2011

5 Must Read Estate Planning Tweets for March 2011

If you aren't on Twitter, you've been missing out on some terrific estate and legacy related content. Here's our list of the top 5 must read Tweets for March 2011:

1) Smart planning for every estate: what you need to know in 2011 and 2012:

2) I can't take it with me" great Time Magazine article: http://fb.me/xeHGOHcI

3) "Kids Financial Lessons - What kids should know about money at 9, 13, 18 and 23" - Great article

4) You're single. Do you need an estate plan?

5) Be careful about naming beneficiaries when minor children are involved:

Friday, March 18, 2011

Special Update: Don’t Forget State Estate Taxes

As a special note, this data was compiled as of February 8, 2011, and is informational only and not intended as legal advice. Further changes, particularly at the state level, could occur. Any comments on our information or new developments that should be reflected may be sent to Info@ExecutorsResource.com.

In our last post, we presented discussed the changes made last year to the federal estate tax system. Even if your situation falls outside of the federal estate tax system for 2011 and 2012, be aware that you still may be subject to state estate taxes if you own assets in the following states.  



The following chart compares 2010 state estate tax exemptions by state to their exemption levels in 2011.


Importantly, the state estate tax may apply even though you’re not a resident of that state. If you have real or personal property in any of the above states, you could potentially be facing a tax.

Another key consideration for planning is whether you live in a state that currently collects an inheritance tax (e.g., Indiana, Iowa, Kentucky, Maryland, Nebraska, New Jersey, Pennsylvania). An inheritance tax is different from an estate tax in that it is applied to the portion of assets received from an estate by individuals. An estate tax is applied to the amount of the entire estate before it is distributed. While spouses are exempt from inheritance taxes, they apply to domestic partners and other non-spouse recipients and can range from 1% to 20% of the amounts received depending upon applicable state law.

Conclusion
Even as we write this article, both federal estate taxes and state estate taxes are meeting opposition. The death tax, as it’s called, has always been and continues to be a controversial subject. To date, the U.S. House of Representatives has introduced five bills to repeal federal estate taxes, and there are likely more proposals to come.

We Want to Hear From You
Do you live in a state that has its own separate estate tax? How has it impacted your planning?

Tuesday, March 1, 2011

Smart Planning For Every Estate: What You Need to Know in 2011 and 2012

By Executor's Resource, Inc.

2010 was a big year for the estate tax, both at the federal and state levels. Here’s what you need to know about the changes that will affect planning in 2011 and 2012, and retroactively impact the estates of those who died in 2010.

As a special note, this data was compiled as of February 8, 2011, and is informational only and not intended as legal advice. Further changes, particularly at the state level, could occur. Any comments on our information or new developments that should be reflected may be sent to Info@ExecutorsResource.com.

On December 17th, 2010, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act. It extends the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) and the Jobs and Growth Tax Relief Reconciliation Act of 2003 (JGTRRA), but only through December 31, 2012.

There are several key aspects of the law that apply to the federal estate tax. Some are retroactive back to January 1, 2010, meaning that they apply to the estates of those individuals who died in 2010.

To Be Applied Retroactively from January 1, 2010 through December 31, 2012 (with the option to elect out of the estate tax in 2010):

$5 million personal exemption

 For persons who die in 2010, 2011 and 2012, and have a taxable estate of less than $5 million, there is no applicable federal estate tax.

 For deaths in 2010, 2011 and 2012, with a taxable estate of more than $5 million, a 35% federal estate tax will be applied to the portion of the taxable estate that exceeds $5 million.

This compares with a $3.5 million exemption and a 45% top rate in 2009. As a reminder, EGTRRA gradually increased the federal estate tax exemption in stages from 2002 through 2009, and eliminated the estate tax for 2010, until this recent law passed.

Overall estate tax liability is determined by taking the gross estate, subtracting any debts, expenses, deductions or charitable transfers to calculate the taxable estate, and applying the estate tax rate to the portion of the taxable estate that exceeds $5 million.

Here’s an example:

John Sample, a single person, passed away on January 16, 2011. His gross estate is worth $7 million, and his debts, expenses, deductions and charitable transfers are $1 million, making his taxable estate $6 million. Thanks to the new law, his estate tax can be calculated as follows (although under the Internal Revenue Code the mechanics are different):

$6 million taxable estate - $5 million estate tax exemption = $1 million estate subject to tax

John’s estate has to pay a 35% federal estate tax, so money owed would be:

$1 million x 35% = $350,000


To Be Applied from January 1, 2011 through December 31, 2012:

Portability Provision for Married Couples

 For 2011 and 2012, if one spouse dies and the estate is settled without using up the $5 million personal exemption, the unused portion of the exemption may be transferred to the surviving spouse.

 This provision must be elected by the executor or personal representative of the estate of the first spouse that dies.

 Remember, married couples also get an estate tax deduction for any assets transferred upon death to a surviving spouse. This is the “unlimited marital deduction”. During the years 2011 and 2012, assets transferred to the surviving spouse do not reduce the exemption amount available to the surviving spouse under the “portability” provisions.

Let’s look at an example of how this portability provision for married couples can work:

Samuel Hypothetical passed away on February 1, 2011. His gross estate is worth $3 million, his wife Mary is the executor of his estate, and all of his assets pass to Mary. The attorney who is assisting Mary in settling Samuel’s estate advises her to elect to add Samuel’s unused personal exemption of $5 million to her own exemption. If Mary dies in 2011 or 2012, the total amount of personal exemption available to Mary’s estate would be a generous $10 million.

There are some additional complications if the surviving spouse remarries, which is why it is important to work closely with a professional to ensure that your plans are structured in an appropriate way.


Still a Moving Target, but Estate Planning is NOT Just About Taxes

The provisions of the recent law passed are only temporary. If Congress fails to act before December 31, 2012 the federal estate tax will revert back to 2001/2002 levels (i.e., $1 million exemption, 60% maximum tax rate1) with no portability provision. While this can make planning a challenge, keep in mind that estate planning isn’t just about taxes. It’s about ensuring that your instructions and wishes can be identified and honored.


Conclusion

The death tax, as it’s called, has always been and continues to be a controversial subject. To date, the U.S. House of Representatives has introduced five bills to repeal federal estate taxes, and there are likely more proposals to come.

So what does all this change mean to the average person? Now, more than ever, is the right time to update or create your estate plan. It’s the smartest way to be prepared for change. Here’s our list of 4 must-do action items:

1) Get organized. Now, more than ever, it is essential to inventory what you have, where it’s located, and who to contact so that you have a better understanding of what changes will impact you. It only takes a little work initially, and on an ongoing basis to keep up-to-date. You’ll see the value of having everything important at your fingertips, and so will your future executor. You can check out how our EstateLogic program can help you here.

2) Get your legal documents in place. If you don’t have the necessary legal documents (e.g., will, power of attorney, etc.), don’t wait. While it’s true that these legal documents identify how you want your assets distributed at your death, they also capture your wishes and instructions on a host of other, likely more important things. For example, who should be appointed guardian of your minor children, who should make health care decisions in the event you are incapacitated, etc.

3) If you have a plan, update it. If you haven’t looked at your will, trust agreements, or powers of attorney documents in more than two years, don’t wait. Life changes and so too should your legal documents. Now is the perfect time to review your documents to ensure that your current wishes and instructions are still reflected.

4) Check your beneficiary designations and how your assets are titled. Still have your former spouse as the beneficiary of your 401(k) plan? Did you buy your car 5 years ago when you were single and subsequently get married? Many people falsely believe that estate planning legal documents such as a will or trust agreement will override out-of-date beneficiary designations and title paperwork. Don’t make this mistake. Check your beneficiary designations and how your assets are titled annually.

We want to hear from you
Let us know what you think of the new federal estate tax. How will the new law impact your estate planning efforts?


1 The nominal tax rate is 55%. There is an additional surtax for estates over $10 million, making the total maximum tax rate 60%.

Wednesday, February 9, 2011

Top 5 Must-Read Estate Planning Tweets for January/February 2011

If you're not on Twitter, you're missing out on some great educational tips and discussions related to estate planning and settlement. Some of what we consider to be the most recent must-read Tweets include:

1.  @CraigslistDad

"self-imposed #estate #planning week continues" 10 Steps to Creating Your 1st Estate Plans http://wp.me/p1cagu-et

2.  @AlerStallings
Top Five #Estate Planning Tools for Same-Sex Partners: http://ow.ly/3RKBj

3. @HWEstate
Out of the box estate questions part four: parents http://ow.ly/3RVrH

4. @AlerStallings
Some important #estate planning considerations for the beneficiary with special needs: http://ow.ly/3RKva
#columbus

5. @AlerStallings
Ask The Experts: What to do when a #trust goes missing – http://ow.ly/3OeBV
(via @AARP) #estate #columbus

Monday, January 17, 2011

Planning for Your Digital Afterlife

What happens to your digital assets -
email, Twitter, Facebook, blog, and
other online accounts -
when you die?
Your email account. Facebook. Twitter. Blog. Online photos. PayPal.

If you're like most of America's population, you're online...a lot.

Do you have a password to access your Laptop? iPhone? BlackBerry? iPad?

Do you bank online? Have you elected to "go paperless" for your mortgage, auto insurance or other financial accounts?

So what happens to all of these "digital assets" when you die? The short answer for now may very well be nothing unless you plan a way in advance for your executor or personal representative to identify them and gain access.

From National Public Radio (NPR) to the Washington Post, to the New York Times, there's been a lot of publicity lately about the importance of protecting your digital assets. We at Executor's Resource applaud those who are bringing this topic into a mainstream discussion forum. The chaos that ensues when a loved one passes has gone under the radar screen for too long.

Since 2008, we've been providing a valuable service to those who subscribe to EstateLogic®:

  1. We help create an inventory of all of life's important information, both physical and digital
  2. We store it for safekeeping and continued access in a state-of-the-art data center, and
  3. We facilitate the transfer of this information to the loved one who'll be settling the estate.
In this day of online bill paying, going paperless, and social media, your executor or personal representative (typically a close family member or friend) will need a place to start. We are proud to be in the business that we're in - helping people capture their wishes for all they hold dear.

If you haven't already, take a brief tour of our service and give it a try. We'd love to know what you think.