Dispute Over Robin Williams’ Estate Ends

Robin Williams' widow and three adult children from previous marriages ended their legal dispute over the legendary comedian's estate. Mr. Williams' estate had an estimated value of $100 million and the dispute centered on a myriad of personal items. Mr. Williams died in August of 2014 and his children were the beneficiaries. However,the actor also included a provision in his plan that provided for his wife, Susan Schneider Williams, whom Mr. Williams married fairly recently in 2011. Schneider argued that she was not receiving enough money to maintain the home she owned with Mr. Williams in Tiburon, California.Meanwhile, his children claimed their stepmother was "adding insult to a terrible injury" by trying to change the terms of their father's trust, according to the Huffington Post. How did the estate dispute end? The terms of the resolution have not been released to the public. However, counsel for Ms. Schneider stated that she will receive enough support to continue living in her home for the rest of her...

18 July

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Under 40? Top 5 Tips for Getting a Jump on Estate Planning.

Posted by Bobby Feisee

in Bobby's Blog

I know what you’re probably thinking – “I’m not even 40. Why do I need to even think about planning my estate? Isn’t that something I do when I get my AARP card?” Answer: It's never too early to start planning your estate, especially if you have a family or close loved ones. None of us have a crystal ball showing the future. You may think you have decades ahead of you, but the truth is you only have the present. It is important to remember estate planning should involve disability planning too, not just planning for death. The sooner you start planning, the more prepared you are for life's unexpected twists and turns. Below is a list of 5 critically important tips for planning your estate 1. Start right now, regardless of your net worth. You may not have much. You may even be paying off student loans and/or credit...

23 May

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Dealing with Digital Assets – A Growing Need

Posted by Bobby Feisee

in Bobby's Blog

If a loved one suddenly passes away, family members, or the estate planning attorney for the decedent, have to organize the decedent’s assets. The usual assets that come to mind include the decedent’s home, vehicle, IRA, checking account, family heirlooms, etc. However, a growing need is finding and organizing the decedent’s digital assets. Certain digital assets can be overlooked, or even lost, during the settlement of an estate. These online accounts are a new class of personal property that may have monetary worth in addition to sentimental value. According to a survey by McAfee, the average internet user has nearly $40,000 in unprotected digital assets. Membership in online loyalty programs have increased more than 26 percent over the past two years and the value is estimated at 2.65 billion, according to the 2013 Colloquy Loyalty Census. This means there may be billions of dollars worth of rewards that may be...

29 August

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Digital Assets in Your Estate: Are You Prepared?

Posted by Bobby Feisee

in Bobby's Blog

[caption width="210" align="alignleft"] Image Courtesy of Petervan's Blog[/caption]Do you have a plan for who will manage your Facebook account, Twitter account, Ebay business, Spotify account, etc.? If you answered no, it’s okay; not many people do. The issue of what happens with “digital assets” and accounts after a loved one passes away is growing in importance with estate planners. It makes sense considering our lives are becoming more and more digitized. A recent study showed that many people value their digital assets at an average of nearly $55,000. Beyond the potential monetary value of your digital assets in your estate, there are other important issues such as privacy, security and legacy planning. It’s a sad, but true fact, that laws tend to lag behind technology, so current statutes and case law are not very helpful in addressing this issue and/or providing guidance for how to properly incorporate digital assets into...

23 August

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DOMA Decision and the Impact on Estate Planning

Posted by Bobby Feisee

in Current Events

In a groundbreaking U.S. Supreme Court decision, United States v. Windsor, the Supreme Court decided that Section 3 of the Defense of Marriage Act (i.e. DOMA) was unconstitutional. To read a summary of the decision, check out this page. Section 3 defined “marriage” to be between a man and a woman for Federal benefits. The result of Windsor is that same-sex married couples will now be treated as spouses for purposes of numerous Federal statutes. With regards to estate planning benefits, the following benefits will now be afforded to same-sex couples. (i.) Deferring income taxes where a spouse inherits a deceased spouse’s IRA or other qualified retirement plan. (ii.) Transferring wealth, either during life or at death, from one spouse to the other spouse without incurring a transfer tax. (iii.) Deferring estate taxes when a spouse passes away. The Windsor decision does not legalize same-sex marriage and it doesn’t hold that same-sex couples...

09 May

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More Info on Obtaining a Commercial Real Estate License for Asset Protection

Posted by KarenLewis

in Bobby's Blog

Here is the second installment of an article series from Howard Stross, a fellow member of the National Network of Estate Planning Attorneys. Essential Elements of a Commercial Real Estate Lease: Part 2 by Howard Stross of the Stross Law Firm What Does Florida Do That No Other State Does With a Commercial Real Estate Lease? (Hint: It deals with sales tax.) Florida is the only State in the U. S. that imposes sales tax on rent paid by a tenant to its landlord in a commercial real estate lease. And, it’s not just on the base rent. With few exceptions, anything paid or reimbursed to the landlord by tenant is rent to calculate the sales tax that must be paid. The limited exceptions include utility charges paid by tenant as part of common area maintenance (CAM) if the landlord pays sales tax on its purchase of the utilities. Lease termination payments are exempt...

31 January

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How the American Taxpayer Relief Act (ATRA) Affects Estate Planning

Posted by KarenLewis

in Current Events

By Bobby Feisee, Ashburn Estate Planning Attorney The “fiscal cliff” could have been a fiscal nightmare for people with sizable estates. For example, if we actually went over the cliff, the estate and lifetime gift exemption would have decreased from $5.12 million to $1 million, according to Forbes.com. It would have also meant the possibility of reducing, or outright eliminating, legal wealth transfer strategies. Fortunately, Congress acted quickly after January 1, 2013 and passed the American Taxpayer Relief Act (ATRA). But you may be asking, “how does this affect my estate plan?” Good question. We discussed some of the implications for estate planning in our January 10 post, but we wanted to provide additional information for our readers. Here are four important provisions of ATRA that affect estate planning: 1. The estate and gift tax rate will increase to 40 percent, a jump from 35 percent last year. 2. The exclusion...