• June 16, 2010 Noon - 1:00 pm: Interdisciplinary Lunch and Learn, "Understanding Business Transfer Motives"
• June 24, 2010 Noon - 1:00 pm: CPE Series for CPAs "Step Up In Basis Rules"
  

• June 26, 2010, Texas Parent 2 Parent Conference. Located at Embassy Suites Spa and Conference Center, 1001 East McCarty Lane, San Marcos, Texas.  Call 217.3558 to register.  Click link for location and details.
• July 21, 2010 6:00pm - 8:30 pm, Basics of Estate Planning. This course is put on through UT Informal Classes.  Click link for location and details.

• June 8, 2010 2:00 pm - 3:00 pm at our Austin office.  You are welcome to stay for the Medicaid workshop starting at 3:15
  
• June 10, 2010 2:00 pm - 3:00 pm at our Georgetown office.  You are welcome to stay for our Medicaid workshop starting at 3:15
  

• June 8, 2010 3:15 pm - 4:15 pm at our Austin Office - you are welcome to attend our Estate Planning workshop which begins at 2:00 pm
• June 10, 2010 3:15 pm - 4:15 pm at our Georgetown Office - you are welcome to attend our Estate Planning workshop which begins at 2:00 pm

Last weekend I was blessed to attend the Chicago preview showing of the HBO special documentary entitled "The Alzheimer's Project."  This is an exciting joint project of the Alzheimer's Association and HBO which is designed to give us all new insight and hope that we can push back against Alzheimer's Disease (AD).  For those of us in Chicago the documentary was even more personal, in that it included a live interview with Dr. David Bennett of Chicago's own Rush Alzheimer's Disease Research Hospital. The medical staff and researchers at Rush Hospital are one of the premier teams investigating Alzheimer's Disease. 

 "The Alzheimer's Project" focused on some individuals with early-onset Alzheimer's, which affects people who are younger than 65. We learned several new and startling things.  Most people are aware that Alzheimer's Disease is a brain disease wherein brain function is progressively destroyed by the emergence of plaques and tangles. Surprisingly, there are individuals whose  autopsy reveals the presence of the AD plaques and tangles, but the individual did not exhibit memory loss during their lives-some people continue to function in a normal manner.  This phenomenon is not yet understood but is currently being referred to as "cognitive reserve."  The presence of this cognitive reserve gives researchers a hopeful avenue of new investigation. 

In addition, part of the question-and-answer portion of the program focused on current drug therapies.  Today there is not a drug which cures or delays the disease.  Our current drug therapies are limited to enhancing the remaining brain function during the continuing degenerative progression of the Alzheimer's Disease.  Dr. Bennett told the audience in Chicago that there are numerous medical research and drug trials going on right now which demonstrate new possibilities to not only delay but possibly create a vaccine against Alzheimer's Disease. There is a high probability that medical science will have these enhanced weapons available to the public within the next five to ten years.  This is great news of a brighter view of aging for  millions of people who would otherwise face the prospect of AD. 

If you missed this wonderful program, you can watch each of the documentary films individually online, by streaming them to your computer through HBO's website.

So many clients are advised that they need a will. In fact, will planning is becoming obsolete for persons over sixty for many reasons.

Instead of actually solving problems, wills often create them. First, they must be proven to be valid in a court proceeding, the infamous probate, for estates in New York over $30,000.00. Court proceedings can be expensive, time-consuming and things often go wrong. Also, when the client dies, that will is usually out-of-date, having been created decades before. The executors may be the wrong persons, the beneficiaries or their percentages may be wrong or other changes in the family have not been taken into account.

Notice of the court proceeding must be given to certain relatives who may be difficult or impossible to locate. Complications arise with relatives in foreign countries who may need to go to the American Consulate for notarization or "consularization" of legal documents. If there is a disabled child, the court will appoint a lawyer to represent their interests, including preparing a report to the court, and your estate must pay that attorney's fees.

Proof problems with the will lead to delays that often prevent needed funds getting to surviving spouses or children. It is fairly common for real estate to be tied up, while the probate process drags on, causing potential buyers to be lost. In some cases, stock cannot be sold even though it may be falling in value rapidly. Law firms routinely commence probate proceedings as a courtesy for families who cannot even afford the legal fees to get the matter started. Needless to say, the cost of court proceedings today may be expected to be in the five figure range.

Two other pitfalls of will planning bear mentioning. First, since the will is filed in court, it becomes a public record. Anyone may then go into the courthouse and order a copy of your will to see what you had and who you left it to. Your privacy is out the window. Secondly, since notice must be given to the heirs you may have left out, or left less than they may feel they are entitled to, you run the risk of a will contest if your estate is distributed in anything but equal shares.

When you are in probate court, who is in charge? The judge, not you or your lawyer. Don't suppose that the Judge will always act in your best interests, as the court may have other interests to consider.

Always better to stay out of court, in our opinion. By using a living trust, instead of a will, you avoid probate court and keep control, or at least control rests with those you have chosen, if you die or become disabled. The expenses are so much less without court proceedings that you may easily save tens of thousands of dollars.

The other problem with a will? It only takes effect when you die. Today, about half of all people eventually become disabled. Since the will does not provide for disability, you risk guardianship proceedings. These proceedings occur later in life when someone becomes unable to handle their affairs and does not have an adequate plan set up. In a guardianship, the court will appoint someone to handle your affairs. Not only may it not be the person you would have chosen, it may not even be someone you know. Trusts, which take effect while you are living, are considered a highly effective tool to avoid guardianship proceedings and guarantee that the person or persons you choose will be in charge. This way, you may be certain that your best interests will be looked after.

In short, when someone tells you that you need a will, think again. It may be a living trust that you need instead.