Law Offices of Steven M. Adler, PLLC

Family Business Lawyer 
Adler Law
E-Newsletter
September 9, 2014

Steven M. Adler, Esq. 
Steven M. Adler, Esq.

390 N. Broadway, Suite 200
Jericho, New York 11753

 

Phone: (516) 876-1105
Fax: (516) 441-5095
 
  

Check out this article from August 8th's  Sunday's Newsday Business Section in which Steven Adler is quoted discussing the dilemma faced by retiring Baby Boomers who own small businesses.

 

In addition, please take a moment to give our law firm a raving review on Google + by clicking on the following link: 

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In this edition of Adler Law we ask: What Can We Learn from Celebrities about Estate Planning?   A LOT!   

 

The first lesson we can learn is that wealth and fame does not guarantee good estate planning. Americans love to follow the lives of celebrities, particularly when they make mistakes.  Who for example, hasn't heard of Anna Nicole Smith or Tiger Woods?  Just as in their personal lives, celebrities can teach us a lot about mistakes to avoid in estate planning.     

 

Here are a few examples which just might surprise you:   

 

1.  No estate plan.  After Sonny Bono's untimely death following a skiing accident, his wife was left to deal with all kinds of complications because he died without a will or trust.

 

2. Failing to update an estate plan. When actor Heath Ledger died at age 28, he had failed to update his will to include his daughter.  Instead, he left everything to his parents.  Thankfully a court battle was ultimately avoided when his father agreed that his daughter would inherit everything.

 

3. Be sure to fully fund your trust.  Michael Jackson had a trust, but he failed to fund all of his assets into his trust.

 

4. Do not write your own will or codicil.  Baseball legend Ted Williams, Supreme Court Justice Warren Burger, actor Gary Coleman and painter Thomas Kincaid all wrote their own wills or codicils.  In each case, unnecessary taxes or family disputes resulted.

 

In this issue we will look at two recent celebrity examples:  Robin Williams and Casey Kasem. 

We think that celebrities have enough money to get their plan done right, but they make the same mistakes we do. So take some advice from the celebrities, avoid the mistakes they made, and seek expert advice to truly protect what matters to you!
  
If you have any questions or would like us to discuss a subject of interest to you in one of our future articles, please feel free to contact my Client Services Director Betty Chan and we would be happy to address your concerns in a future issue of Adler Law.

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Sincerely,
Steven M. Adler
 
  

 

Robin Williams:  

A Lesson in Deeds, Not Words + One Error in Planning

 

 

 

One of the most eloquent responses to Robin Williams' death came from his best friend Billy Crystal, who posted on Twitter simply: "No words."

 

When someone close to us dies -- especially in a sudden and tragic way -- the grief is so deep that we truly don't have any words to describe it. And while Robin Williams may have lost the battle to take care of himself, it appears that he did take care of his family through a number of sophisticated estate planning strategies that spared them the pain and cost of a public probate court proceeding.

 

According to a Forbes article following Williams' death, Williams had significant real estate holdings, including a 653-acre Napa Valley estate and a waterfront home in Tiburon, California. The Napa Valley estate has been for sale since April with a price tag of $29.9 million; the Tiburon home has been valued at $6 million. According to public records, the equity in the properties totals approximately $25 million.

 

Both properties are held in the name of a real estate holding trust, which can remove the value of the properties from Williams' estate and result in significant estate tax savings for his family.

 

Williams also set up a trust for his three children that splits the fund into equal distributions for each child once they reach the ages of 21, 25 and 30. This trust was established during his 2009 divorce from his second wife.

 

This is the one place we see Williams could have done better. Leaving assets to children outright when they reach specific ages is a common strategy of estate planning attorneys, but isn't always the best strategy.  When dealing with substantial wealth, Williams could have left his children their respective distributions in lifetime asset protection trusts that his children could have controlled as co-trustees or trustees, and which would have been protected from lawsuits, divorce, bankruptcy or any other type of creditor and future estate taxes for generations.

 

Of course, the most valuable part of Williams' estate is likely to be the ongoing royalties for his roles in movies and television as well as his comedy material. It is unclear whether the estate will be responsible for managing these or if Williams established a trust or corporate entity for this purpose.

 

While most of us do not have the wealth that Robin Williams enjoyed during his lifetime, we can all protect what we do have and ensure it passes to our loved ones using estate planning vehicles such as wills and trusts.

 

 

 

Casey Kasem's Estate Planning Not in Anyone's Top 40

 

Casey Kasem, the celebrity radio host who counted down America's Top 40 popular songs for years, died on June 15 at the age of 82 and left behind an estimated $80 million fortune. He also left a family feud of biblical proportions between his surviving spouse and his three children from a prior marriage. This is estate planning attorneys do what we do -- to keep your family out of court and connected in love, not conflict.

 

Kasem married his second wife, Jean, who is 22 years his junior, in 1980. Together, they had one child, Liberty Kasem. Casey also had three children from a prior marriage: Kerri, Mike and Julie. The family was apparently in discord prior to Casey's death; in mid-May, Mike and Julie filed a missing persons case with the Santa Monica police department saying they could not locate their father. At that time, Kerri was fighting with Jean over control of his care.

 

After Kasem died, news broke that his body had been taken from the Washington state funeral home and a judge awarded Kerri a temporary restraining order preventing Jean from removing his remains or having him cremated before an autopsy had been performed. Kerri hired a private investigator who says the body has been moved to Montreal, the hometown of a man that Jean has allegedly been involved with for the past two years.

 

A mess, right? And they haven't even gotten to the money yet!

 

A little advance estate planning could have helped prevent this scenario, which is not uncommon when an older man takes a second wife who is significantly younger and has children from a prior marriage.

 

A recent WSJ Marketwatch.com article outlined four estate planning tools that could have helped to head off this disaster:

 

Revocable Trust.  Placing assets in a revocable trust can help protect the trust owner's wealth transfer wishes, and provides the flexibility to make changes as long as the trust owner has the legal capacity to make those decisions. Upon the owner's death, the assets are dispersed as outlined in the trust without having to go through probate. A trust is also more difficult to contest than a will.

 

Life Insurance.   A life insurance policy can be a good way to provide for a surviving spouse while leaving the rest of the estate to children from a previous marriage, or vice versa.

 

QTIP Trust.  A qualified terminal interest property (QTIP) trust is used to set aside assets for a surviving spouse's benefit while that spouse is alive. After the surviving spouse passes, the remaining assets in the trust are passed on according to the trust terms.

 

Family Meeting.  Having a family meeting so that everyone knows their beneficiary status and what will happen to the estate after the estate owner dies is a good way to head off conflict. An estate planning attorney can mediate these meetings, which is usually advisable when there is a potential for conflict.





Hm
mm....



Mahatma Gandhi, as you know, walked barefoot most of the time, which produced an impressive set of calluses on his feet.  

 

He also ate very little, which made him rather frail and, with his odd diet, he suffered from bad breath.  

 

This made him a super calloused fragile mystic hexed by halitosis.

 

Once again, please take a moment to give my law firm a raving review on Google + by clicking on the following link: 

  

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The Law Offices of Steven M. Adler, PLLC are committed to providing their clients with the highest level of professional legal services at reasonable prices. Steven M. Adler, Esq., along with the rest of his law firm's highly competent support staff, gives all of his clients the personal attention and the legal expertise which they are entitled to receive. The Law Offices of Steven M. Adler, PLLC takes pride in the quality, effectiveness and efficiency of their legal services.


Law Offices of Steven M. Adler, PLLC
390 N. Broadway, Suite 200
Jericho, New York 11753
Phone: (516) 876-1105
Fax: (516) 441-5095
Web Site: www.sawlaw.com

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