When most people think about creating an estate plan, they usually focus on what will happen when they die. They typically do not consider what their wishes would be if they were alive but unable to manage their own affairs (in other words, if they are alive but incapacitated). In many cases, failing to plan for incapacity can result in families having to seek court involvement to manage a loved one’s affairs. It does not matter who you are, how old you are, or how much you have—having a proper plan in place to address your incapacity or death is necessary for everyone. Recently, comedian and late-night talk show host Jay Leno had to seek court involvement to handle his and his wife’s estate planning needs due to his wife’s incapacity. Consulting with Reno estate planning lawyers can help you avoid such situations.
A conservator is a court-appointed person who manages the financial affairs for a person who is unable to manage their affairs themselves (also known as the ward). In Nevada, a conservator is known as a Guardian. The conservator is responsible for managing the ward’s money and property and any other financial or legal matters that may arise. They are also required to periodically file information with the court to prove that they are abiding by their duties. To have a conservator appointed, an interested person must petition the court, attend a hearing, and be appointed by a judge. This can be very time-consuming, and there are court and attorney costs that must be paid along the way. Reno estate planning lawyers can help streamline this process and provide necessary guidance.
In January 2024, Jay Leno petitioned the court to be appointed as the conservator of the estate of his wife, Mavis Leno, so that he could have an estate plan prepared on her behalf and for her benefit. Unfortunately, Mrs. Leno has been diagnosed with dementia and has impaired memory. Her impairment has made it impossible for her to create her own estate plan or participate in the couple’s joint planning. According to court documents, Mr. Leno wanted to set up a living trust and other estate planning documents to ensure that his wife would have “managed assets sufficient to provide for her care” if he were to die before her. Right now, Mr. Leno is managing the couple’s finances, but he wanted to prepare for a time when he is no longer able to do so.
On April 9, 2024, the court granted Mr. Leno’s petition. According to the court documents, the judge determined that a conservatorship was necessary and that Mr. Leno was “suitable and qualified” to be appointed as such. During the proceedings, the judge found “clear and convincing evidence that a Conservatorship of the Estate is necessary and appropriate.”
Although there was a favorable outcome in this particular case, it still took several months for Mr. Leno to be appointed by the court. In addition to the initial filings and court appearances, there will likely be ongoing court filing requirements to ensure that Mrs. Leno’s money is being managed appropriately. Had they prepared an estate plan ahead of time, much of this time and hassle would likely have been avoided. Reno estate planning lawyers can assist in preparing these crucial documents ahead of time to prevent such scenarios.
While many people may dismiss the Lenos’ experience as something that applies only to the rich and famous, the truth is that you could find yourself in the same situation (although with a smaller amount of money and property at play) if you are not careful. Let’s use this opportunity to learn from their mistakes.
We can help you and your loved ones regardless of where you find yourself in the estate planning process. Whether you are looking to proactively plan to ensure that your wishes are carried out during all phases of your life, or if you need assistance with a loved one who can no longer manage their own affairs, give us a call. Our team of Reno estate planning lawyers is here to assist you.
What Is Next for Your Estate Plan?
Having an estate plan is a great way to ensure you and your loved ones are protected today and in the future. When creating an estate plan with our estate planning attorneys in Reno, we look at what is going on in your life at that time. But because life is full of changes, it is important to make sure your plan can change to accommodate whatever life throws your way. Sometimes, we can make your first estate plan flexible to account for potential life changes. Other times, we must change or add to the tools we use to ensure that your ever-evolving wishes will be carried out the way you want.
Life is constantly changing. The following are some important events that may require you to reevaluate your estate plan in Reno:
It is important to know when you create your first estate plan in Reno, that you are not locked into this plan for the rest of your life. The following are common changes we can make to your estate plan to ensure that we adequately address your evolving concerns and wishes.
A will (sometimes referred to as a last will and testament) is a tool that allows you to leave your money and property to anyone you choose. It names a trusted decision-maker (a personal representative or executor) to wind up your affairs at your death, lists how your money and property will be distributed, and appoints a guardian to care for your minor children. If you rely on a will as your primary estate planning tool, the probate court will oversee the entire administration process at your death, but the probate process is expensive, time-consuming, and on the public record.
On the other hand, a revocable living trust is a tool in which a trustee is appointed to hold title to and manage the accounts and property that you transfer to your trust for one or more beneficiaries. Typically, you will serve as the initial trustee and be the primary beneficiary. If you are incapacitated (unable to manage your affairs), the backup trustee will step in and manage the trust for your benefit with little interruption and with less potential for costly court involvement. Upon your death, the backup trustee manages and distributes the money and property according to your instructions in the trust document, again without court involvement.
If your wealth has grown or you have new loved ones to provide for, you may find the privacy, expediency, and potential cost-savings associated with a revocable living trust more appropriate for your situation. Consult with Estate Planning Reno to see if this option is right for you.
At some point, you may decide that you need life insurance—or more of it—to provide for your loved ones sufficiently. If the value of your life insurance is especially high, you may want to consider adding protection for the funds in your estate plan, as well as engaging in estate tax planning. Both goals can be accomplished by using an irrevocable life insurance trust (ILIT). Once you create the ILIT, you fund it either by transferring ownership of an existing life insurance policy into the trust or by having the trust purchase a new life insurance policy. Once the trust owns a policy, you then make cash gifts to the trust to pay for the insurance premiums. These gifts can count against your annual gift tax exclusion, so you likely will not owe taxes at the point of these transfers. Upon your death, the trust receives the death benefit of the policy, and the trustee holds and distributes the money according to your instructions in the trust document. This tool allows you to remove the value of the life insurance policy and the death benefit from your taxable estate while allowing you to control what will happen to the death benefit. An ILIT can also be helpful if you want to name beneficiaries for the trust who differ from the beneficiaries you name in other estate planning tools.
As you accumulate more wealth or become more philanthropically inclined, you may wish to include separate tools to benefit a cause that is near and dear to your heart. Depending on your unique tax situation, using tools such as a charitable remainder or charitable lead trust can allow you to use your accounts or property that are increasing in value to benefit the charity while offering you some potential tax deductions.
A charitable remainder trust (CRT) is a tool designed to potentially reduce both your taxable income during life and estate tax exposure when you die by transferring cash or property out of your name (in other words, you will no longer be the owner). As part of this strategy, you will fund the trust with the money or property of your choosing. The property will then be sold, and the sales proceeds will be invested in a way that will produce a stream of income. The CRT is designed so that when it sells the property, the CRT will not have to pay capital gains tax on the sale of the stocks or real estate. Once the stream of income from the CRT is initiated, you will receive either a set amount of money per year or a fixed percentage of the value of the trust (depending on how the trust is worded) for a term of years. When the term is over, the remaining amount in the trust will be distributed to the charity you have chosen.
A charitable lead trust (CLT) operates in much the same way as the CRT. The major difference is that the charity, rather than you as the trustmaker, receives the income stream for a term of years. Once the term has passed, the individuals you have named in the trust agreement will receive the remainder. This can be an excellent way to benefit a charity while still providing for your loved ones. Also, you may receive a deduction for the value of the charitable gifts that are made periodically over the term. These deductions may offset the gift or estate tax that may be owed when the remaining amount is given to your beneficiaries.
Adding Documents to Care for Your Minor Child
If you have not reviewed your estate plan since having or adopting children, you should consider incorporating some additional tools into your estate plan with estate planning attorneys in Reno. An important tool recognized in Nevada is a document that grants temporary guardianship over your minor child. This can be used if you are traveling without your child or are in a situation where you are unable to quickly respond to your child’s emergency. This document gives a designated individual the authority to make decisions on behalf of the minor child (with the exception of agreeing to the marriage or adoption of the child). This document is usually only effective for six months to a year but can last for a longer or shorter period, depending on your state’s law. You still maintain the ability to make decisions for your child, but you empower another person to have this authority in the event you cannot address the situation immediately.
We are committed to making sure that your wishes are carried out in the way that you want. For us to do our job, we must ensure that your wishes are properly documented and that any relevant changes in your circumstances are accounted for in your estate plan. If you need an estate plan review or update, give us a call. Our expert team at Estate Planning Reno is here to assist you.
Wrongful Death and Probate in Reno: Consulting a Wrongful Death Lawyer in Reno
Wrongful death lawsuits and probate proceedings are both civil legal matters that occur after somebody has died. When the death of a loved one is caused by another individual or entity, it can lead to the filing of a wrongful death lawsuit and, ultimately, the awarding of compensation to surviving family members. Probate is a court proceeding that deals with administering a decedent’s estate, inventorying their accounts and property, paying off creditors, and making distributions to heirs or beneficiaries. Consulting a wrongful death lawyer in Reno can help navigate these complex legal processes.
While probate proceedings are fairly common when a person dies, very few deaths give rise to a wrongful death claim. However, wrongful death and probate can intersect if somebody dies due to another’s misconduct.
The Role of a Wrongful Death Lawyer in Reno
State laws vary on who has the legal authority to file a wrongful death case. There is also considerable state variation on how the proceeds of a wrongful death claim are distributed to survivors. A wrongful death lawyer in Reno can provide the necessary guidance on state-specific laws and procedures.
What Is a Wrongful Death? Understanding with a Wrongful Death Lawyer in Reno
A wrongful death, as the term implies, is a death that results from the “wrongful” action of another, such as negligence, carelessness, recklessness, or intentional conduct. Both individuals and entities, such as businesses and governments, can commit a wrongful action that leads to death. For example:
Wrongful death is a matter of civil law, although in some cases—perhaps most famously the O.J. Simpson case—a person’s death can lead to both criminal and civil charges. To navigate such cases, the assistance of a wrongful death lawyer in Reno is crucial.
Who Can File a Wrongful Death Lawsuit? Consult a Wrongful Death Lawyer in Reno
A wrongful death lawsuit can award damages to pay for the decedent’s medical bills, pain and suffering, and funeral expenses. It can also provide money to survivors for their economic and emotional injuries, such as loss of financial support, household services, and love and companionship.
The question of who can file a wrongful death lawsuit comes down to state law. Generally, states allow one of the following to sue:
In states where survivors are allowed to sue for wrongful death, the right to file suit is typically prioritized based on the closeness of the relationship, with a surviving spouse and children given priority. Some states allow groups of survivors to sue. Others give priority to family members and give them a limited amount of time to file a lawsuit, and, if they fail to do so, additional relatives and even unmarried domestic partners can then sue.
There are also certain states where only the decedent’s probate estate can file a wrongful death lawsuit. In these states, the personal representative of the probate estate (for example, a family member or a lawyer) is the only party who has the legal authority to act on behalf of the estate and file the lawsuit. The personal representative of the probate estate might be someone who was named in the decedent’s will or appointed by a judge according to state law if the decedent died without a will. Consulting with a wrongful death lawyer in Reno can help clarify these rights and responsibilities.
Wrongful Death, Estates, and Probate: Insights from a Wrongful Death Lawyer in Reno
Probate is not always necessary when someone dies; there are instances when the value of the decedent's money and property is small enough to avoid probate, or the family uses estate planning tools such as living trusts to avoid it.
Wrongful death claims, as previously mentioned, are relatively uncommon. In 2022, there were just over 227,000 preventable deaths caused by injuries nationwide and not all of these were wrongful deaths.
Even if a person has no accounts or property or if their estate is otherwise eligible to skip probate, numerous factors can make opening an estate and filing for probate necessary to resolve a wrongful death claim.
Here are some areas where a wrongful death claim overlaps with opening an estate and engaging the probate court:
To summarize, if a wrongful death lawsuit is filed, it is likely to trigger probate and court involvement considerations in one way or another. The specific ways in which wrongful death and probate intersect, however, are largely dependent on state law. Consulting a wrongful death lawyer in Reno can help navigate these complex intersections.
Who Gets the Money from a Wrongful Death Lawsuit? Consult a Wrongful Death Lawyer in Reno
Determining who benefits from a wrongful death settlement or jury verdict, like other aspects of a wrongful death lawsuit, comes down to state statute.
The different ways that states approach the distribution of damages awarded in a wrongful death lawsuit include the following:
As these examples show, there is a high degree of variability among states about wrongful death lawsuit award distributions. States may give significant latitude to family members to decide how the proceeds should be split or strictly adhere to statutory provisions.
States also vary on the types of damages that can be awarded in a successful wrongful death claim. Most state laws allow economic and noneconomic damages to be recovered, but they may give itemized descriptions of the specific damages that can be awarded to particular survivors and distinguish between damages recoverable by survivors and recoverable by the estate. In some states, each heir must present evidence to the court of their losses to receive a share of the wrongful death damages. A wrongful death lawyer in Reno can help navigate these state-specific rules and ensure fair distribution.
Talk to a Wrongful Death Lawyer in Reno About Wrongful Death and Settling an Estate
Closing the book on a loved one’s estate can be procedurally complicated and emotionally difficult no matter the circumstances of their death, but if their passing also involves a wrongful death claim, the situation can become much more emotional and increasingly complex.
Whether you are a personal representative or family member responsible for filing a wrongful death lawsuit, an heir seeking to claim a portion of a wrongful death payout, or you want to make sure that your estate plan anticipates the possibility of a wrongful death and addresses how to best deal with it, our attorneys can help.
Contact us to set up a time to talk to a wrongful death lawyer in Reno about the intersection of wrongful death, probate, and estate law.
You may have seen the popular ABC TV show, Modern Family, which follows a fictional extended family through life’s ups and downs. It’s a relatable show that addresses many issues life throws our way. Just like the families depicted in the series, it’s crucial to have an estate plan to protect loved ones when someone passes, or becomes unfit to manage their finances. Let’s take a look at some situations that arise in Modern Family episodes and how you can apply the lessons learned to your own situation.
Throughout the Modern Family series, various family members start and own businesses. No matter if it’s a passion project, investment opportunity, or owner-operator business, it should have a plan for the future.
The “traditional” lines in familial relationships can get blurred within multi-generational, blended families. For example, Jay often refers to Manny as his son, even though he’s technically his stepson (the child from Gloria’s previous marriage). Though he loves Manny as if he were his own son, the law doesn’t take these emotions into account when it comes to transferring business interests. Legally, stepchildren have no right to inherit a stepparent’s money or property. In situations like these, documentation should be created if you want any assets to be left to stepchildren, including your business interests.
There are several minors within the Modern Family series that would require guardianship in the event that their parents pass away. While Manny expressed a desire to serve as Joe's guardian if Gloria and Jay pass, it is important for them to formally nominate their preferred guardian in their wills. However, it should be noted that such a nomination is not binding and may be contested by others. To mitigate the risk of potential disputes and ensure Joe's wellbeing, it is advisable for Jay and Gloria to have open and candid discussions with both of their families to prevent any possibility of a guardianship dispute.
Rex and Lily would also require guardianship in the event of the passing of their parents. Without a comprehensive estate plan in place, it is possible that a dispute may arise between the families of Cameron and Mitchell. While Lily has spent a significant portion of her life close to Mitchell's family, later in the show, Lily and Rex move to reside with their parents in Missouri, which is closer to Cameron's family. As a result, Rex may develop a stronger bond with Cameron's family as he grows up, which could potentially lead to conflicts between the Pritchett and Tucker families if guardianship for these two children becomes necessary. To avoid such a scenario, it is imperative for Cameron and Mitchell to establish an appropriate estate plan.
Finally, it is important for Poppy and George to have designated guardians in the event that their parents, Haley and Dylan, die. While the family may not possess significant financial assets or property, it is crucial for them to establish basic plans for their children's care, including the appointment of primary and alternate guardians. When the show ends, Haley and Dylan have moved out of Phil and Claire's residence, but still nearby. Furthermore, it is noteworthy that Farah, Dylan's mother, has become increasingly involved in their lives since the announcement of Haley's pregnancy. It is possible that she may express an interest in assuming the role of guardian for the children in the event of the untimely passing of Haley and Dylan.
As a parent of minor children, it is crucial to consider and plan for the potential guardianship of your children should the unexpected occur. While no one can replace a parent's love and care, it is essential to formally nominate a guardian in a last will and testament or through a separate legal document, as permitted by state laws. While the court ultimately makes the final determination, clearly expressing your wishes can provide peace of mind. Furthermore, discussing potential guardianship with your family members in advance can help prevent disputes and ensure that your wishes are respected upon your passing.
As all married couples know, the question of what will happen in the event of the first spouse's death is important to consider. For couples like Phil and Claire, who have built and accumulated their assets during the course of their marriage, it may be natural to consider everything they own as jointly held. Both partners may wish for all assets to pass to the surviving spouse. However, without proper planning, leaving assets outright to a surviving spouse can leave them vulnerable to creditors and predators.
It is important to consider potential scenarios, such as the possibility of a scam artist exploiting a well-intentioned person like Phil, or a successful woman like Claire remarrying and unintentionally disinheriting her children by leaving all assets to her new spouse. To safeguard assets for the surviving spouse, regardless of whether it is their first or third marriage, a qualified terminable interest trust can be an effective solution. This designation of trust allows the surviving spouse to receive annual income from the trust and withdraw principal for specific purposes like health, support, education, and maintenance. It also grants you the power to choose where any remaining assets are allocated upon the death of your spouse.
In blended families, as seen on Modern Family, there are a variety of options for inheritance distribution. As Jay prepares his estate plan, it is important for him to consider how he wishes to divide his assets among his family members. This includes his spouse, two adult children from a previous marriage, a minor son, and an adult stepson, as well as five grandchildren and two great-grandchildren. He will need to make decisions regarding the distribution of assets, including the beneficiaries, the amount, and the timing of the distribution. He will need to consider whether it would be more beneficial to provide for his current spouse, Gloria, through a trust during her lifetime, with the remainder going to his other children, Claire, Mitchell, and Joe upon her death — or if his children should receive their portion of the inheritance while Gloria is still alive. Additionally, he will need to decide if he wants to provide for his stepson, Joe, or leave that responsibility to Gloria if she survives him.
When formulating an estate plan, it is crucial to consider the legal requirements for providing for a surviving spouse. In certain jurisdictions, there is a mandated minimum inheritance, known as the elective share, that must be allocated to the surviving spouse. Additionally, in states with community property laws, a surviving spouse may be entitled to a portion of assets acquired during the marriage. While one may assume that their spouse can support themselves without an inheritance, it is essential to have open and thorough discussions about estate planning, and document any agreements to ensure that the surviving spouse's rights and needs are protected. Without proper planning and documentation, a surviving spouse may unhinge the distribution of assets if they have not been taken into consideration within the estate plan, and haven’t waved their minimum inheritance rights.
Phil and Claire will need to evaluate their familial situation and devise a plan to distribute their assets and financial assets among their children and grandchildren. Given the distinct characteristics of their three children, it is important to consider each of their individual needs. For example, Haley, as a mother of two, may require a larger portion of the inheritance to support her children. Phil and Claire may elect to set aside a specific fund for their grandchildren. Alex is very smart and her education or employment opportunities may not require as much financial support. Luke, on the other hand, may benefit from trust money to pursue his business ventures and protect him from impulsive decisions.
An estate plan is a valuable tool for ensuring the protection of assets and financial resources for families of all sizes and backgrounds, not only those depicted in television series. The estate planning attorneys at Anderson, Dorn & Rader are dedicated to collaborating with families to develop a personalized plan that reflects the unique characteristics woven into each one. Reach out to our knowledgeable staff to see how we can assist your modern family with a financial plan for the future.
As the new year begins, many of us take stock of our past and plan for the future. As a business owner, it can be easy to get caught up in daily tasks and neglect long-term planning for your its succession. However, it's essential to consider the impact and legacy you want your business to have in the future. If you want to make a positive difference for future generations, consider using a new, lesser-known planning tool called the purpose trust.
A traditional trust is a legal agreement between three parties: the grantor, trustee, and beneficiary. The grantor funds the trust with financial or property assets, and the trustee manages these assets according to the terms of the trust, for the benefit of designated beneficiaries. A charitable trust is an exception, as it is created for a charitable purpose but does not have specifically designated beneficiaries. Recently, some states have introduced the concept of noncharitable purpose trusts, also known as purpose trusts.
These trusts can be established for most lawful purposes, as long as they are reasonable and do not violate public policy. However, in some states, they can only be used for specific purposes such as pet care or grave site maintenance. To ensure that the trustee carries out the grantor's stated purpose, the grantor must appoint an independent “enforcer” who can petition the court if duties outlined in the trust are not performed. A trust protector can also be appointed to modify the trust if necessary, for example, to add beneficiaries or modify the jurisdiction where the trust is effective. The goal of a purpose trust is not primarily to minimize taxes or transfer wealth efficiently (though this can be achieved), but to ensure that the grantor's purpose is fulfilled.
You’ve likely heard of, or own clothing from the company, Patagonia. In September 2022, Yvon Chouinard, the the company’s founder, transferred the voting stock of the $3 billion outfitter to a purpose trust to extend his mission of fighting the planet’s environmental crisis. In an excerpt on the Patagonia website, he stated that the company's continued purpose is to "save our home planet." After finding out his children did not have a desire to take over the family business, Chouinard decided not to sell the company, as he worried a new owner might have different values and his employees would not retain job security.
The Patagonia Purpose Trust, guided by the family and advisors, took over the voting stock of the company to ensure that its values were upheld and profits were used for their environmental protection goals. A 501(c)(4) nonprofit organization was also set up to transfer the nonvoting stock into. The nonprofit will be funded by Patagonia’s dividends, amounting to an estimated $100 million a year, for environmental protection efforts. The business interests were not donated to a charity, so they will encounter an estimated $17.5 million in gift tax, and no charitable deduction will be available to Chouinard. However, he effectively avoided $700 million in capital gains taxes and substantial estate tax liability upon his death.
A purpose trust can be a viable option for business succession planning if you own a profitable company and want to keep its mission alive. Similar to the Chouinard family, you can ensure that your company's values and mission continue to be upheld for many years to come, and that your employees have job security. This is particularly useful if you do not have children who are interested in running the business or if your children do not share your values. The terms of a purpose trust can ensure that future management adheres to the trust's purpose, and also ensures that the company remains private and that values remain a priority over profit.
From a business standpoint, what are your goals for the future? If you're interested in using your wealth for the benefit of a cause you’re passionate about, you might want to look into a purpose trust. Contact the team at Anderson, Dorn & Rader to see if this planning option is suitable for you.
If you have children or young loved ones you hold close, you can make a large impact on their development by sharing knowledge to help them succeed in life. January is National Mentoring Month, and there’s no better time to help mentees form goals that will put them ahead of the curve.
Usually when estate planning is mentioned, we default to the notion that it only relates to a person passing, or when someone is preparing to transfer assets to loved ones. While these scenarios are definitely part of estate planning, it also involves the development of good habits throughout your whole adult life. This is where mentoring comes in. Teaching your children and other young family members the value of financial and estate planning now can help them in the long run. Here are some ways you can implement teachings and set them up for success:
Start by teaching them the importance of setting goals and how to set them for themselves. For instance, if they want to start a business or pay for college in the future, help them set up a savings or investment account and incentivize regular deposits by matching a portion of their contributions. If they want to give to a charitable cause, match their donations to encourage them. By helping them achieve their goals through their own efforts, they will learn valuable lessons and benefit from the experience. Share your own experiences and lessons learned when pursuing similar goals to further aid in their success.
For example, if you plan to pass on a family cabin to your children, give them information on how to maintain it and create a schedule for taking care of it. Share your knowledge and experience you gained caring for it growing up. If you and your siblings were responsible for the cabin growing up, teach them the best ways you found to work together as a team to care for the property. Along with providing practical information, share personal stories and memories about your own experiences at the cabin to communicate its importance and why you want them to have similar positive experiences once it’s passed down to the next generation.
Share the lessons you learned from your parents about saving money or contributing to good causes. If you have developed money management skills that have helped you build a significant estate and benefit your family and others, invest time in teaching those skills to your mentee. Similarly, if you have found effective ways to evaluate the credibility of charities and make responsible donations, share that knowledge with your mentee so they can make informed decisions. Emphasize to your mentee how these skills have positively impacted your life and the lives of others to stress their importance and the value of learning them.
Mentoring in a creative way allows you to pass on more than just your assets to your loved ones. You can also share your core values, skills and experiences gained from putting them into practice. If you wish to leave a lasting legacy for your family and loved ones by creating or updating your life plan, reach out to Anderson, Dorn & Rader for help.
Tune into any major news outlet and you’ll hear about the rise – and tumultuous market behavior – of cryptocurrency. As with any other investment that fluctuates with market activities, there are risks associated with buying and selling. No matter how savvy you may be, if you’re investing in crypto, you need an asset protection plan. The following stories show just that.
Christopher Matthews was a businessman and investor who came from good money on both his mother and father’s sides of the family. He passed away in March 2018, and at that time, his estate was valued at $180 million. A large chunk of that came from a hearty $1.8 million investment in cryptocurrency. He bought his shares through a company we’ll call Wayve.
Matthews death was sudden, and as a result, his estate plan was outdated and didn’t reflect his cryptocurrency trading. After some phone calls with Wayve, it was found that the logins to his crypto accounts were kept on several devices throughout the country, and under other names as well.
Luckily, Wayve worked with Matthews’ lawyers to grant access to these accounts, though this isn’t always the case for account holders with less financial esteem. Even though Matthews’ estate attorneys caught a break with the accessing the accounts, they weren’t as fortunate in distributing the Wayze funds in a timely manner. It was critical that the accounts be liquidated to pay off outstanding debts and other tax obligations.
However, Matthews had a withstanding agreement with Wayze that put a cap on how many cryptocurrency shares could be sold at once. This agreement set back the distribution of affairs because the shares had to be sold over the course of several months. While this allocation process was going on, the remaining money in Matthews’ crypto account values began to plummet (thanks to a large dip in the market). By the end of the allocation process, the accounts lost about two thirds of their value, dropping the total value of the estate to less than half of what it was at the time of Matthews’ death.
Matthews’ surviving benefactors would have been in much better financial shape if he had disclosed his crypto trading activities with the individuals involved in his estate. Essentially, they would have been able to sell off shares sooner and reap the benefits of his investments. Instead, the market dip wiped out a large portion of the investments. Furthermore, an actionable plan should have been in place to avoid relying on the cryptocurrency investments to pay off the outstanding debts in the first place.
Steven Thompson was in tune with the latest trends and became an early Bitcoin investor. He even shared this knowledge with online followers in a 2011 video, which earned him 7,000 Bitcoin. Steve set up a digital hard drive with the company SteelLock to store his Bitcoin – in other words, a digital wallet.
It’s been over a decade since Steven set up his SteelLock, and he’s been busy mining Bitcoin ever since. Unfortunately, he’s forgotten the password that he initially used to configure it, and SteelLock only allows 5 wrong attempts before locking the account. To date, his portfolio amounts to well over $100 million. Unless he can remember the login credentials, he’ll never get to see or sell the money accrued.
The key takeaway is that accounts requiring a password need to be secure, but should also have a backup to enable access in the event of a forgotten password or estate distribution. It’s good practice to establish a plan at the onset of investment activities, because before you know it, a decade of investments will accrue and you may just forget your password when it’s needed most.
Jeff Connely was a Bitcoin miner who died doing what he loved – flying his Cessna in the Alaskan Bush. He was only 26 years old when he passed, and at that time, he owned a sizeable share of Bitcoin. The problem? No one, not even his parents or close friends, knew where he stored it, how much he owned, or how to access it.
The amount he owned would have been a nice influx of money that his loved ones could have managed after his passing. But since he didn’t share the details with his family, the shares he owned, and total amount of funds, went with him in the plane crash. Relatives may be able to estimate your net worth and property assets after your death by sifting through email, bank statements, or physical paperwork at your residence, but this is especially difficult to do with Bitcoin.
It’s not always obvious to loved ones that Bitcoin assets are a serious investment and may be worth an astonishing amount. That’s why a plan needs to be put in place. Let a trustworthy person in your network in on the details of your cryptocurrency activities, and how to access them should the unthinkable happen. Not only that, it’s smart to include details on how you want assets to be used when you’re gone. If you don’t do this, you’re putting your hard-earned investments up to the whims of how much documentation you left behind, and how easily loved ones can access it.
Cryptocurrency is a powerful investment tool that can be leveraged to one’s advantage and build generational wealth. It’s also very new to many of us, so working out a management strategy can be uncharted territory. To be prepared for the unexpected, lean on the knowledge of our estate planning professionals. We can craft a sound cryptocurrency plan to protect you and your loved ones. Whether you’re a seasoned crypto investor, or are considering just diving in, we encourage you to reach out to our advisors to plan for the future.
For the Reno snowbirds out there, the first snow of the season often signals that it’s time to move to a second residence with a warmer climate. While this move may seem innocent enough, there are a few legal matters to consider before locking up the house and heading south. One of the matters in question is which state you consider ‘home’.
Your state of domicile is where your permanent, principal residence is located. It affects family law matters, estate planning, and of course taxes. It is possible to be a resident of multiple states, but you can only call one your state of domicile. There are some subtle differences in state domiciliary laws, but usually, it’s were you live a large portion of the time and return to after going elsewhere.
For those who split time between multiple US states, it’s important to review your tax records with an advisor to ensure you are filing them correctly, and are maximizing use of tax laws. For instance, if you pay taxes in Nevada, you already know you’re among the seven states that do not have personal income tax.
Before heading south, take a look at your estate plan documents. It’s easy to glance over life events that may have happened recently, but they can affect how you want your wishes to be carried out. Keeping your estate plan current is a habit everyone should get into, as it ensures a seamless transition of your legacy. Ask yourself the following questions to help:
You may also need help with transactions and other financial matters while away from your domicile. That’s why it is important to determine whether your financial power of attorney is ‘springing’ or ‘immediate’. A springing financial / medical power of attorney means your agent can only step in and take action when you are no longer able to do so. On the other hand, an immediate financial / medical power of attorney means your agent can act on your behalf right away, even if you are able to take action yourself.
The knowledgeable team at Anderson, Dorn & Rader can help you determine which designation your estate specifies, and aid in performing changes if desired.
As you prepare for your upcoming travel, please do not hesitate to give Anderson, Dorn & Rader a call. We are here to answer any questions and to make sure you are properly protected no matter where you may roam. We are available to meet with you in person or via video conference. To schedule a meeting, call us at (775) 823-WILL (9455) or fill out our contact form. We look forward to meeting you!
The days are flying by, and before you know it, the New Year will be here. Plan ahead and fine-tune your gift giving before the holiday chaos ensues. It’s possible to make annual, medical, and educational exclusion gifts that aren’t technically considered as such under federal gift tax law.
Annual exclusion gifts are one type that you can give that do not trigger federal gift tax. For the year 2022, the gift tax threshold is $16,000 per person. That is expected to increase to $17,000 in 2023.
With annual exclusion gifts, assets amounting to $16,000 or less that are given to an individual within the calendar year are not considered gifts (for tax purposes at least – the recipients will still be thankful!).
Hypothetically, that means you can gift assets amounting to $16,000 or less to as many individuals you’d like up to December 31st of this year, then follow that gifting criteria again for the same recipients on January 1st, 2023 without having to file them under federal gift tax law.
Some sources may indicate that married couples are able to effectively double the annual exclusion amount ($32,000 per calendar year). Even if a married couple abides by this threshold, in some cases they may still be required to file a gift tax return. We recommend consulting our estate planning services to see if you need to report these “split gifts”, as they’re referred to.
Qualified medical exclusion payments / gifts are another type of transfer that aren’t considered ‘gifts’ under federal tax law.
To take advantage of medical exclusions, one must make a payment directly to a healthcare institution or medical insurance provider. Generally, this exclusion can be applied to any medical expense qualifying for a deduction under federal income tax guidelines.
For instance, you could have given $20,000 to the hospital that your grandchild was treated in for an emergency procedure earlier in the year, then give the same grandchild up to an additional $16,000 amount before December 31st, 2022. You could even go as far as to gift another $16,000 on January 1st, 2023. Even in this extreme example, these gifts would not trigger the federal gift tax threshold, as long as they are accounted for and transferred with the exclusions in mind.
An important note: the medical exclusion gift / payment must be made directly to the medical institution or medical insurance provider, not the individual receiving the medical care or insurance money. Even if the payment is “earmarked”, the patient cannot touch it, or the federal tax law will kick in and consider it a gift.
Gifted assets that meet the criteria of educational exclusions are another type of transfer that aren’t considered ‘gifts’ under federal tax law. This includes qualifying payments made directly to both domestic and foreign institutions.
So hypothetically, you could pay for your grandchild’s emergency procedure (referenced above), pay for their educational tuition amounting to $25,000, give them an additional $16,000 by December 31st, then give them $16,000 on January 1st, 2023. That’d be one thankful grandchild, and you likely wouldn’t trigger any federal gift tax returns.
Remember two things before initiating an educational exclusion gift: First, the payment must be made directly to the educational institution, not to the individual enrolled. Next, the payment can only be put towards tuition. Not supplies, books, dorm payments, or other related educational expenses.
It can be exciting to gift money and property to loved ones. After all, they will carry on your legacy in the future. While it’s tempting to simply transfer it to the recipient’s bank account, consider the guidelines surrounding annual, medical, and educational exclusion gifts to avoid the burden of taxes and maximize your financial picture. For assistance in doing so, contact the experienced Reno estate planning attorneys at Anderson, Dorn & Rader. We are happy to walk you through the process to make it enjoyable for all parties involved.
You’re probably familiar with federal taxes, especially if you see the line item deduction on your check each pay period corresponding to ‘federal income tax’. Fewer people are aware of other types of taxes though, such as capital gains taxes, gift taxes, estate taxes, and perhaps the most overlooked: the generation-skipping transfer tax.
The federal generation-skipping transfer tax (GST) comes into effect when an individual transfers property to another individual at least two generations down from them. These transfers usually involve gifts given from grandparents to grandchildren and/or their descendants. However, the GST tax can also be triggered by gifts given to unrelated individuals (not including the individual’s spouse).
The GST tax is effective for gifts transferred both during the grandparents’ lifetimes and after their death through an inheritance. The recipients of gifts that trigger the GST tax are commonly referred to as “skip persons”.
The GST was first introduced by Congress in 1976 to eliminate the ability for wealthy people to skip over their children and transfer assets directly to grandchildren, thus avoiding inheritance taxes completely, and estate taxes for the first generation. The GST abides by the gift and estate tax exemption limits, but is a separate tax in itself that applies in correspondence and in addition to any present gift and estate taxes.
Typically, the GST tax comes into effect when the amount transferred to “skip persons” is greater than $12.06 million (a transferor’s lifetime GST tax exemption amount allotted for 2022). The lifetime exemption amount consists of all gifts made throughout the transferor’s lifetime, as well as transfers made at death in the form of wills or trusts.
For instance, if a grandparent gifts $50,000 to each of their 6 grandchildren in 2022, then $300,000 is counted against their lifetime exemption allotment of $12.06 million. If this gift amount is exceeded (both during life & death), a flat 40 percent tax is applied to the overage.
If the child of a grandparent passes away before them, there is an exception to the GST tax. In the case that assets are transferred to a grandchild whose parent has already passed away, the GST tax is not applied. This would not be considered generation skipping, since the grandchild essentially assumes the position of the parent who passed away, facilitating an adjacent generation transfer.
The GST tax also doesn’t apply to medical care or tuition payments transferred directly to a designated institution. In this case, a grandparent could financially assist with a grandchild’s college tuition or medical bills if they give the money directly to the college or hospital.
The vast majority of us do not have to worry about the GST tax structure due to the high lifetime transfer amount of $12.06 million. Even so, it’s smart to be aware of the GST tax, and that the lifetime transfer amount is set to be adjusted to $5 million (to account for inflation) in the year 2026.
Proposals to lower the exemption amount are regularly introduced to Congress. That means the GST tax lifetime amount could change at a moment’s notice. Knowledge of the GST tax is vital if you or a loved one plans to transfer assets to grandchildren.
Additionally, one should keep in mind that, although married couples are essentially granted double the exemption amount, the exemption rules to the GST tax are ‘use or lose it’. It does not work in the same way as the estate tax, where a spouse who passes away can have their unused amount distributed to the surviving spouse. Any unused GST tax lifetime exemption amount evaporates at the time of the first spouse’s death.
This is not an exhaustive explanation of the generation-skipping transfer tax, and you will likely have questions based on your unique situation. The GST is a challenging subject, and few have the experience navigating the laws surrounding it than Anderson, Dorn, & Rader. Our team can assist with any questions if you plan to transfer a property amount sufficient to trigger the GST tax. The best outcome is one that satisfies your desire to pass wealth down to the next generation, so when you’d like to start the conversation on transferring your assets, contact Anderson, Dorn, & Rader: Reno’s trusted estate-planning team.
Generational wealth is often the means by which families retain economic status and live comfortably over time. Family members before you worked throughout their lives to make a living, care for their assets, and pass some of that down to the next generation: you. In the event that you are expecting an inheritance, do you have the proper measures in place to confidently acquire and manage it?
Estate planning plays an integral roll in maximizing an expected inheritance by laying out how it will be used by your family in the future. Expert research analyses predict that the largest transfer of wealth in history will occur over the next several decades. However, with an uncertain economic climate and a trend towards spending over saving, heirs of inheritances often spend, lose, or donate large portions of what they receive. Planning for inherited wealth can help you anticipate and prepare for these instances, while sill protecting the legacy left to you. With an expertly-crafted inheritance plan, you are helping to ensure financial security for you and your family.
Sometimes, our emotions guide our financial decisions, rather than logic. The feelings surrounding the transfer of an inheritance are often unsettling – grief, guilt, anger, confusion. It’s difficult to consider the facts and hard numbers associated with the passing of a loved one. Not to mention, there are lengthy procedures one has to go through to legally confirm the transfer of wealth. It’s important to stay level-headed during the decisions that could affect you and your family’s financial well-being.
An inheritance can be an unexpected stroke of good fortune in a time of loss. Since our brains often classify them as “found” money rather than “earned” money, inheritances don’t tend to be utilized as conservatively as the money we work for. That’s why most inheritances are drained within just five years. A failure to realize the implications of careless spending can get us accustomed to living a lifestyle above our means, only to have it disappear as quickly as it came.
A sudden acquisition of assets and cash can greatly affect you and your family’s life. When handled correctly, you’ll respect the legacy of your loved ones that came before you. When caught unprepared though, you could be burdened by tax payments, careless spending repercussions, and even creditor issues.
Before any pen & paper planning begins, it’s best to have a conversation with your loved ones while they are still living and mentally fit. It can be awkward to talk about what happens to assets after one passes, but go in with the frame of mind that each party will be helping each other. The benefactor will be giving you vital information and consent, and you will be giving them peace of mind that their legacy will live on. By discussing their hopes of how the inheritance will be used after they pass, you’ll get a better understanding which you can use in the planning process.
Using the conversations with loved ones as your guide, it’s crucial to then meet with a financial planner and an estate planning attorney to discuss the amount and types of assets you anticipate inheriting. There are nuances to the processes in which you’ll handle various types of assets. For example, inherited real estate is handled much differently than inherited stocks and bonds. An estate planning attorney can also help you understand the distribution schedule to receive the assets. It could be all at once, in installments, or custom-configured based on a will. Not to mention, a financial planner can help you navigate the taxes associated with your inheritance.
Life happens, and a legacy left to you by a loved one can alter the vision of your financial picture. Anderson, Dorn, & Rader are your trusted team of estate planning lawyers and financial planners in Reno.
If your family is expecting an inheritance, wants to update estate plans, or has questions about the planning process, give our office a call so we can help you maximize your windfall and honor the loved ones that worked hard to pass on their good fortune to you.
When a loved one suffers from a mental illness, one small comfort can be knowing that your trust can take care of them through thick and thin. There are some ways this can happen, ranging from the funding of various types of treatment to providing structure and support during his or her times of greatest need.
Let’s explore a few ways you can help take care of a loved one struggling with mental illness with the help of your estate planning attorney:
Trusts can be disbursed in many ways. If your loved one is involved in an inpatient care facility or an ongoing outpatient program, you can structure your trust so that its disbursements cover the costs of that treatment as time goes on. This also helps your loved one because it relieves them of the responsibility of managing large sums of money on their own. They can rest easier knowing that their care is covered without having to set up a complicated payment plan on their own.
In some cases, the person suffering from mental illness doesn’t have the capacity to enroll themselves in the right type of care. If an intervention of care is needed, your trust can also help encourage involuntary treatment that ultimately serves your loved one’s best interests in the long run.
Selecting a trustee isn’t always an easy feat. That’s one of many decision-making areas where we’re more than happy to step in and walk you through the process. When you have a loved one battling mental illness, your choice of a trustee becomes even more of a nuanced decision.
We’ll help you deduce the perfect person to not only manage the wealth contained within the trust but also keep a compassionate watchful eye on your loved one benefitting from the trust. An astute trustee can look for early warning signs surrounding your loved one’s mental health issue and make sure to get them connected to the care and services they need in no time.
Most people don’t think of large inheritances as a burden. But this can be the case when an individual is dealing with depression, anxiety, hoarding, or diseases like schizophrenia. Lifetime trusts are an excellent way to take care of your loved one without saddling them with a challenge on top of what they are already experiencing.
A discretionary lifetime trust can be drafted in such a way that its funds can only be used to go toward certain goods and services — such as outpatient mental health care, housing, or other “necessaries” of life. Likewise, it can also prohibit spending in areas that would cause more harm than good — gambling or compulsive shopping, for example. The discretionary nature of these types of trusts makes it so your loved one doesn’t have to worry about their own potential missteps when it comes to using the wealth contained within the trust.
Do you have a family member or other loved one who could use the financial flexibility and structural support of a trust? Give us a call today, and together we’ll figure out the best ways to enhance your loved one’s life by finding the right estate planning tools to offer the most help.
It is relatively easy to understand how important asset protection planning for Nevada residents can be. Most people want to make sure their assets are protected, including real estate, investments, business interests, and even personal property. Just consider the costs of malpractice, business (E&O), and other forms of liability insurance, which are rapidly increasing. It is certainly important to be preemptive in protecting your assets from potential creditors, whether that is through an insurance policy, homestead, or other asset protection plan. What may be even more important is understanding the most common mistakes in asset protection that Nevada residents should avoid.
One common mistake that many people make is assuming that there is something wrong with creating a plan to protect your assets. Many people feel like they are "hiding assets" or irresponsibly "sheltering" their estate from the reach of creditors. That simply is not true. We are all free to structure our assets in the most advantageous way available, as long as we do so properly and in accordance with the law. The only time that the issue of fraud is raised is when the purpose of an asset protection plan is solely to hinder, delay, or defraud creditors from collecting valid debts. The key is to create your asset protection plan before the creditors' claims arise.
Plan in advance! Another mistake that some individuals make is not taking action to protect their assets until after a problem has arisen. If you've already been sued (or if you know you're about to be sued), it's likely too late to effectively create a plan. The best and most effective asset protection planning is accomplished long before any creditor claims arise. The best time to start an asset protection plan is when you are solvent and not currently facing any threats from existing creditors. The purpose of asset protection planning is to protect from potential future creditors. The sooner you start planning, the more options will be available to you.
One aspect of asset protection planning that is difficult for most people is making a proper determination of who is likely to be a potential creditor. Those who are able to make this determination are better able to make an effective asset protection plan. It is easier to plan when you know exactly what you are planning for. In other words, if you can implement a strategy to protect against certain claims you can more easily limit your exposure to that liability. Some common ways to avoid liability, especially for business owners, include:
You cannot rely on an asset protection plan someone else used. Friends may be well-intentioned, but one size definitely does not fit all when it comes to asset protection planning. Not every protection strategy will work in every case. Any estate planning attorney will tell you – an asset protection plan needs to be developed on a case by case basis. Some people can effectively create an asset protection plan by taking advantage of legal protections under homestead, ERISA, business, and other federal and local laws; still others may need a more complex asset protection trust to deal with potential creditors. Individual needs must be carefully considered when choosing your planning options, so don't use a boilerplate plan and hope that you will be protected. Most likely, you will not.
Many clients have the same misconception, that any type of trust can provide asset protection. That is not the case. First, revocable living trusts do not provide protection for individuals who created the trust simply for that purpose. It is important to remember that, in most states, when the person who has funded the trust is a potential beneficiary, then the assets may not be protected from creditors. However, a properly drafted revocable living trust may be able to add asset protection for surviving spouses and/or other beneficiaries. An irrevocable trust can only protect property that is transferred to the trust as long as there is no evidence of a fraudulent conveyance, and a statutory period of time has passed before a creditor claim arises. Foreign offshore trust accounts have come under scrutiny in United States Courts, recently. Very special care must be given when implementing an asset protection plan that includes an offshore account.
A part of asset protection planning necessarily includes consideration of possible inheritances from relatives, a factor that is often overlooked. Those inheritances must be structured, as well, in order to provide maximum flexibility, as well as, protection against creditors and divorce. An estate plan is a way for you to prepare yourself and your family for what happens after you pass away. An appropriate estate plan can also give you an opportunity to plan for unexpected incapacity. Regardless of how few assets you may have, planning for your family's future is a necessity for everyone.
If you have questions regarding mistakes in asset protection, or any other asset protection planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
Trusts are a vital wealth planning tool, not only for asset protection, but also for safeguarding the family’s wealth, regulating access to property and assets by younger family members, and providing long-term oversight and investment management for families. The trustee is responsible, either directly or indirectly, for investing those assets and making sound decisions in making distributions to beneficiaries.
Regardless of the size of your estate, it is important to consider protecting your assets and creating a plan to ensure that your family wealth will be passed on as you wish. The goal of asset protection is to shelter the wealth you have created from unnecessary risks. A family wealth trust can be the most effective and flexible option for protecting family wealth. When your estate planning attorney properly customizes a trust for your family, the benefits will far exceed simply leaving assets to family members in your will. Remember, a Family Wealth Trust is not just for the wealthy.
What Is a Trust?
A trust is just an agreement between a trustor, trustee and beneficiary regarding how and when assets will be transferred. The “trustor” is the person who owns the assets in and creates the trust. The “trustee” is the person to whom the legal title of the assets passes. The “beneficiary” is the person who eventually receives the assets after specific conditions have been met. Trustees can be friends, relatives or professionals, such as attorneys or accountants. In some cases, an entity such as a bank or a trust company can serve as trustee.
How do Family Wealth Trusts actually provide protection?
Usually, a family wealth trust becomes irrevocable when the trustor dies. This simply means its terms cannot be changed once it has been created. Furthermore, the assets are no longer part of the trustor’s estate once the trust becomes irrevocable. So, when the trustor passes away, these assets are not considered part of the personal estate and will not be subject to the beneficiary's creditors. This is only one advantage of this type of trust.
A Generation-Skipping Trust
Another option to consider is the Generation-Skipping Trust, which will allow you to retain your tax exemption on gifts to your grandchildren and avoid the tax on any amounts exceeding that exemption. In 2014, the Generation-Skipping tax exemption is $5.34 million, which is the same as the federal estate tax exclusion. This is also a beneficial estate planning tool, if you want to leave assets to your grandchildren. For instance, you can put $100,000 in a generation-skipping trust and allow it to accumulate earnings for any number of years. Still, your lifetime exemption would only be reduced by the original $100,000. If you have any questions about these or any other asset protection tools, please contact our office.
Estate planning involves confronting some sensitive matters. For many people considering marriage, one such issue is the decision to ask your spouse-to-be to enter into a premarital agreement. Those who are entering into a first marriage without a lot of assets and no children may not need a premarital agreement. However, if you're getting remarried after you have enjoyed financial success throughout your life, the decision becomes more complex. This is amplified if you have children from a previous marriage or marriages.
If you are married and live in a community property state like Nevada or California, all earnings and efforts that produce something of value after the marriage are community property. Many people believe that so long as they don't commingle funds and assets remain titled in their sole name that they are protected. This is not the case. While the assets with which you enter a marriage are your sole and separate property, all post-marriage earnings, regardless of where they are deposited or invested, are community property. Our office has handled the administration of several estates where a surviving spouse, or the children of a deceased spouse, brought claims to establish assets titled in the name of the other spouse or his or her estate as community property. In many of these cases assets were diverted to a surviving spouse and/or a deceased spouse's children in contradiction to the intent of the other spouse's estate plan. In addition, many states laws, including Nevada's and California's, allow a spouse to make a number of different claims against the will or trust of a deceased spouse, potentially further frustrating the deceased spouse's estate plan.
To address these problems it is possible to enter into a premarital agreement. Every state has its own requirements for a premarital agreement to be enforceable. In Nevada, it is important that both parties provide a reasonable disclosure of their property and debt. In addition, it is important that both parties are represented by independent legal counsel. The agreement should also be executed as well before the wedding and, and the terms of the agreement should not be unconscionable (i.e., too one-sided). These are just a few of the factors the courts look at to determine the validity of a premarital agreement.
Aside from claims upon the death of a spouse, there is the matter of possible divorce. There is a post on the Psychology Today blog that looks at the high rate of divorce among people who get remarried after having been married previously. This piece states that 67% of second marriages do not last. Third marriages are even more precarious with a 73% divorce rate. When you understand the fact that a significant majority of second and third marriages fail, you may conclude that premarital agreements may not be in poor taste after all. Perhaps they are simply a pragmatic response to a stark reality.
