High profile celebrity deaths are regularly in the headlines. The ongoing legal battle faced by Anna Nicole Smith, and now her Estate, continues. That case included allegations of interference with inheritance. Casey Kasem‘s last months raise questions about guardianship, elder abuse, fiduciary roles, and end of life decision making. Philip Seymour Hoffman‘s estate plan, lacking in planning for the Federal Estate Tax and failing to include a child born after the his Will was executed, was largely seen as incomplete protection for his family. Similarly, James Gandolfini’s Will was panned. As one commentator summarized, “the most common tag-line is that his will is a tax disaster.” In contrast, Robin Williams’ estate plan, is viewed by some as an example of a solid planning.
These estates serve as reminders for all of us to revisit our estate plans. Key among the lessons are that even if you have a plan in place, you need to revisit that plan every couple of years or after a change in life, such as after the birth of a child or a divorce. Questions to consider:
Do you have an estate plan? Do you have a Will? Could a Trust be a helpful instrument for you?
When is the last time you reviewed your plan?
Are all of your children included in your plan? Who do you name as their guardians? Are these still the right people?
Do you have trusts to provide for your children until the are the appropriate ages to handle money?
Do you have incapacity documents in place? Who have you named to be decisionmakers in the event you are incapacitated? Are they still the right people?
Could your Estate be subject to Federal Estate Tax? Do you have a plan in place to minimize potential Federal Estate Tax liability?