New York Trusts & Estates

Brother Sues News York Psychiatrist, Accused of Seducing Ill Sister to Gain Estate in New City, New York

The classic story of a vulnerable wealthy elderly person being influenced by a caretaker who seeks to enrich him or herself has been updated in a dispute between a disinherited brother and psychiatrist/girlfriend of a Texas woman who is alleged to have been manipulated out of millions.

A successful and wealthy attorney with undisclosed medial health problems took a medical leave of absence from her law practice and travel to New York City for treatment by a psychiatrist. Five months after treatment began, according to a statement submitted in court, things got complicated.

Several years later, the heavily-medicated attorney, Amy Blumenthal, passed away. What is alleged to have happened during those years might shock some people.

Amy's brother, Randy Blumenthal, has filed a lawsuit alleging that just a few months into therapy Dr. Turner demanded that Amy begin a sexual relationship with her or get a new therapist. Amy complied and began having a relationship with her psychiatrist.

Not too long after that, Amy slowly began rewriting her estate plan.

By the time she passed away all of her estate was designated to pass to Dr. Turner instead of her family.

Randy Blumenthal alleges that the doctor unduly influenced his mentally ill and vulnerable sister into giving up her estate. The doctor denies the allegations.

The New York Post reported this story in an article titled "Shrink convinced patient to be her lover, write her into $7M will: docs."

You might be wondering why this is not an open and shut case.

Is a therapist entering into a sexual relationship with her patient unethical? The answer is that of course it is, and that will undoubtedly weigh heavily in this case.

However, that fact alone does not necessarily mean that Blumenthal was not competent at the time she changed her estate plan in favor of Turner.

An inappropriate doctor/patient sexual relationship will be used as strong evidence in favor of undue influence, but it might not be the end of the inquiry.

For more information on Will, Estate Plan, Undue Influence; please click to my website

A Father’s Wish for a Proper Military Burial Is Finally Granted, Thanks to Daughter in Yorktown, New York

Until Feb. 20, when Missouri state authorities intervened to help Yvette James get control of her father's remains, James was stuck in a nightmare of red tape. All she wanted was to rightfully fulfill her father’s burial wishes, something she should have legally been allowed to do from the get-go.

It seems Yvette James was wrongly excluded from her father’s burial planning due, in large part, to her own military service. Even though she has the right to make those decisions under state law as the primary next of kin and only child, a funeral home allowed her cousin to make arrangements for the service and burial. This story was told in The Army Times, in an article titled“Soldier fights for right to bury her father.”

The cousin wanted to bury James’ father at a veterans’ cemetery in St. Louis. However, James wants to have her father cremated and buried at Arlington National Cemetery, as she plans to retire in Maryland. As James put it: "Arlington is the ultimate cemetery. My dad was so proud of his service. That's all he talked about. He did four years, and you'd think he did 30. He loved the Marines."

Until state authorities stepped in to help her get control of her father's remains, James was stuck in miles of red tape. The funeral home refused to speak with her, and she later discovered that a funeral was held for her father without her knowledge or input.

While this scenario may be unusual, disagreements concerning a loved one’s death, funerals, and burial arrangements are not. State laws in this area differ significantly. With service members often living far away from their parents, the military may need to give more legal assistance so families can deal with these kinds of issues, according to the original article.

After learning that a burial for her dad had already been arranged by James' cousin, the federal government immediately contacted the Veterans Affairs National Cemetery Administration and put a stop to the burial. It declared that James certainly had the legal right to decide how her father would be buried.

James told The Army Times that she took military leave to travel to St. Louis and settled matters with the burial. Investigators with the Missouri State Board of Embalmers and Funeral Directors called her and asked her to speak with them at the funeral home. She was then able to arrange for the transfer of her father's remains to another funeral home in preparation for interment at Arlington National Cemetery.

After all this, James admitted that she was "exhausted," but also relieved that finally she received proper recognition as her father's next-of-kin and could help him with his wishes for burial as a veteran.

If you are a veteran or the loved one of a veteran, then make sure you know where the DD 214 form is kept so funeral and other benefits can be arranged.

For more information about military burial rights, visit the U.S. Department of Veterans Affairs website.

For more information about Estate Planning, Wills, Probate, Trusts and Estates, Military Benefits, Probate Court, Estate Planning Lawyer, Probate Attorney, VA Benefits, Burial Plans; click to my website http://www.parkertrustlaw.com/

 

 

Reference: The Army Times (February 28, 2015) “Soldier fights for right to bury her father”

Family Feuds over Multimillion Dollar Estate in New City, New York

Dr. Richard Grossman amassed his fortune as the founder of the Grossman Burn Center in Los Angeles, one of the first to use a hyperbaric chamber to prevent infections in burn victims and speed their recovery. He retired from his medical practice in 2013. Lawyers for his children and widow now disagree on what Grossman intended to do with that wealth before he died.

If you aren’t crystal clear on your wishes in your estate planning documents, you may leave behind much speculation after you pass.

A recent article in the Thousand Oaks (CA) Acorn, titled “Battle over Grossman estate intensifies,” describes the contentious fight over a noted physician’s estate between his wife and his children from a previous marriage. With all of the assets going to the wife, the children assert that the doctor had advanced dementia and wasn’t able to make his own decisions.

The children are claiming that the doctor and his wife had a prenuptial agreement when they married in 2000 that kept the property of each separate. The children are seeking to keep her from selling Grossman’s main asset, Brookfield Farms. They believe that the doctor wanted to keep the estate in his family. They want the estate to be distributed in trust for the benefit of the doctor’s grandchildren and one of his children suffering from a neurological condition who needs family support to care for him.

Whether you own a million-dollar farm or a modest home in the suburbs, avoid fights like the Grossmans’ and seek out the assistance of an experienced estate planning attorney to make sure that your intentions are clear and carried out.

For more information about Estate Planning, Wills, Trusts, Guardianship, Probate, Trusts and Estates, Asset Protection, Probate Court, Inheritance, Estate Planning Lawyer, Power of Attorney, Tax Planning, Will Changes, Probate Attorney; click to my website http://www.parkertrustlaw.com/

Reference: Thousand Oaks (CA) Acorn (February 19, 2015) “Battle over Grossman estate intensifies”

 

Lawsuits upon Lawsuits – Battles over Marlon Brando’s Estate in Yorktown, New York

In part due to questions about his true intentions as expressed in his will and trust, Brando’s estate was involved in more than two dozens lawsuits by 2009 — five years after his death. He passed away on July 1, 2004, at 80 years of age, suffering from a host of ailments including dementia and lung failure.

Marlon Brando once said “The only thing an actor owes his public is not to bore them.” Ironically, the public hasn’t been bored one bit since Brando’s passing as issues over his estate have made many headlines.

Right before his death eleven years ago, Marlon Brando couldn’t leave his bedroom and was so paranoid that he wanted the room padlocked at his death so no one would steal the buttons off of his shirt!

A recent article in Reelz, titled “Marlon Brando's Legacy Marred by Dozens of Lawsuits,” reports that even with this somewhat questionable mental state, Brando signed an amendment to his will just 13 days before his death. This new will replaced his personal assistant of 50 years and his long-time business manager with new executors. Although there have been claims that Marlon wasn’t competent and that the will change was a forgery, his new executors have kept tight control over his estate, image, and legacy—suing everyone from a furniture company selling a Brando chair, to Madonna (Madonna?) for using his image in a concert. The executors also have made a development deal for his private island in the South Pacific that will turn it into a swanky, eco-friendly resort for the rich and famous.

Is this what Brando wanted, many ask.

Likewise, many of Brando’s closest friends and loved ones have sued his estate, arguing that the executors have failed to honor his intentions, such as refusing to honor gifts and promises that were made while he was alive to these long-time friends and associates.

The Reelz article cautions that people often make the common mistake of assuming their executors will honor their true wishes. They think this even when such intentions are expressed verbally and when the will and trust aren’t changed to include the new wishes. The lawsuits filed involving Brando's estate were based on this precise issue. There was no one who said Brando told them they would receive more who actually got what they wanted. His estate spent millions of dollars on legal fees, and no one was happy with the results.

Don’t leave your affairs up to chance! Talk to an experienced estate planning attorney and set out specific, detailed instructions in your will or trust to avoid headaches and litigation such as those of the Brando estate in the future.

For more information about Estate Planning, Wills, Trusts, Probate, Trusts and Estates, Asset Protection, Probate Court, Inheritance, Estate Planning Lawyer, Power of Attorney, Tax Planning, Will Changes, Probate Attorney; click to my website http://www.parkertrustlaw.com/

Reference: Reelz (February 20, 2015) “Marlon Brando's Legacy Marred by Dozens of Lawsuits”

Include Everything in the Prenup! A Lesson from Robin Williams’ Estate Dispute

"The mess comes when you don't have proper estate planning," said Robert Nachshin, a family law attorney based in Los Angeles. An important tool in that toolbox is a prenup, which spells out how assets should be split up if the marriage fails or a spouse dies. Nachshin said that a spouse who wants to protect assets in a second marriage should have both trusts and a prenup.

A prenup details how assets would be split up if the marriage fails or a spouse dies. A spouse who wants to protect assets in a second marriage should also talk to an experienced estate planning attorney about trusts. Planning details about prenups were covered in a recent CNBC article titled “Remarrying? Shower kids with love, and a good prenup. ”

One of the best features of a prenup is that it can protect nearly every kind of asset an individual may want to pass along—this includes art collections, cash, and the family business. Without a prenup, it’s easier for a spouse to obtain some unintended part of the estate if you die. A prenup should be airtight to avoid legal issues. Although Robin Williams had a well-thought-out estate plan when he passed, which included a prenup and a trust for his children, some of his personal items were left out of the documents. This is causing a fight between his spouse and his children.

Documenting every asset is necessary. Lists of paintings owned before a second marriage can be kept in multiple places, which helps you show evidence of your intentions … and the more detail, the better! Once a prenup is signed, it’s nearly unbreakable and is typically accepted by the courts.

The original articlegives us some guidelines to keep in mind and to discuss with your attorney:

1. Both you and your spouse should understand the prenup, and both should be represented by attorneys.
2. Negotiate and sign the prenup prior to your wedding. A common mistake is signing the prenup the day of the wedding!
3. After you're married, be careful not to commingle all assets because the source of funds—like joint or separate accounts—used to buy an asset will decided who owns it.
4. The more communication, the less misunderstanding. Conduct a family meeting and discuss your intentions for your estate.

Read about more tips in the article and talk to your estate planning attorney sooner to help avoid costly court battles later.

For more information on Estate Planning, Trusts and Estates, Asset Protection, Probate Court, Estate Planning Lawyer, Power of Attorney, Tax Planning, Will Changes, Probate Attorney, Pre-nuptial Agreement; click to my website.

Reference: CNBC (February 12, 2015) “Remarrying? Shower kids with love, and a good prenup”

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Rent or Sell? Downsizing Options for Your Parents in Yorktown, New York

As the executor of [my mom's] estate, I'm trying to help her decide what to do with the house. Let another family member live in it who couldn't pay rent but could help with upkeep? Rent it out for market value? Or sell?

 

If she hasn't already, an article in The LA Times titled “Consider tax implications when downsizing,” recommends that she needs to hire an experienced estate planning attorney who can help her evaluate her options.

 

If she sells, she could possibly be in for a shock because there might be a considerable capital gains tax on the sale. Federal law permits a set amount of capital gains on the sale of a primary residence ($250,000 per person) to be excluded from income. However, anything above that amount would be taxed heavily as a capital gain.

 

The capital gain is determined by the difference between the home’s sale proceeds and the seller’s tax basis in the home. In this scenario, at least half of the home receives a "step up" in basis to the then-current market value when the husband passed away. If the mom lives in a community property state, e.g., California, the entire property would have received this step up at his death. As a result, any increase in value since the husband’s death would be subject to capital gains tax (minus the $250,000 federal exclusion).

 

Keep in mind, that if the mom dies while still owning this house, her heirs would get a tax basis equal to the property's value at her death. So no matter what state she lived in, none of the house's appreciation during her lifetime would be subject to tax.

 

Tax issues alone shouldn't dictate what your parents decide, however you all should consult with an experienced estate planning attorney to learn about these and other issues in order to make an informed decision about their next steps.

 

For more information about Estate Planning, Elder Law, Elder Law Retirement Planning, Basis; click to my website http://www.parkertrustlaw.com/

 

 

Reference: LA Times (December 28, 2014) “Consider tax implications when downsizing”

Joan Rivers' Dream Hollywood Funeral - Is It Tax Deductible in Yorktown, New York?

On September 4, 2014, comedy icon Joan Rivers passed away. It's no secret that Rivers hoped for a funeral that rivaled her lifestyle: big and over the top.

Craft services. Paparazzi. Meryl Streep crying in five different accents. These are just a few of the wishes the late Joan Rivers had for her Hollywood funeral. Those arrangements, Forbes reports–Meryl Streep notwithstanding–would be easy to arrange with the late Joan Rivers’ money. The article is titled"Saying Goodbye To Joan Rivers: The Bigger The Funeral, The Bigger The Tax Deduction?"

Rivers' income from book royalties, appearance fees and salary at E! Television, plus sales of her QVC merchandise may have exceeded $1 billion. So, Joan could afford the big farewell.

The article mentions that Joan would have liked the fact that the expenses associated with her funeral are tax deductible for federal estate tax purposes. However, she would say, "Can We Talk?" about her estate being reduced by federal estate taxes in the first place. No one is certain of the exact amount of Rivers’ fortune, but even with estate planning her estate is probably going to owe a chunk of change to the government.

If a loved one passes this year, the exemption is $5,340,000, which means federal estate taxes are due on estates over that amount. But remember, the estate may claim some deductions against the gross estate, one of which is for funeral expenses. There is no dollar limit on the amount you can claim, but the deduction is limited to an amount “allowable under local law.” Forbes notes that this basically means that you cannot claim more in deductions than you can claim in assets. Deductible expenses in this area include funeral home and burial costs, as well as church services.

Remember you may only claim the deduction on the federal estate tax return for funeral expenses—not on your personal income tax return. Talk with your estate planning attorney to learn more.

For more information on Estate Planning, Wills, Trusts, Probate, Trusts and Estates, Asset Protection, Probate Court, Estate Planning Lawyer, Tax Planning, Will Changes, Probate Attorney, Estate Tax, or Elder Law; click to my website.

Reference: Forbes (September 7, 2014) "Saying Goodbye To Joan Rivers: The Bigger The Funeral, The Bigger The Tax Deduction?"

Do Digital Assets Die With You in Yorktown, New York?

Death is emotionally difficult enough without discovering that you have no idea what digital assets a person had or what they wanted done with them.

A growing concern among those wishing to properly manage their digital estate is "digital death," which questions what is an asset or special relationship—and how to balance privacy and security with passing on relevant information. A recent Smart Company article, titled "The business of digital life and death," reports that 70% of 65-74 year-old Americans are on Facebook, and there are 30 million accounts that belong to individuals no longer alive. The article cites several factors in dealing with digital assets. For example, there are no international standards on digital assets or for how to address them via estate planning.

Again, social media has not been a burning issue in estate planning as of yet; however, as younger generations start to look at planning for the future, it will become more relevant as it will be more common and because the legal treatment of digital assets after death is clearly defined.

It seems every social media platform has a different approach to dealing with the death of one of its users. Facebook protects the privacy of the deceased by securing the account and permitting a family member to request the account be removed or memorialized.

In an attempt to balance sharing and privacy, Facebook has introduced a Look Back feature that can create a video of favorite moments that people are able to view but not share. The original article notes that Twitter is open to dealing with an immediate family member or estate representative to deactivate an account. Google developed an inactive account manager. This gives an individual access to your Google account if you die. In addition, it allows you set up a deadline in the event that you do not use your Google account for a period of time. Google will then notify and allow the person you have named to access select parts of your account.

In an attempt to prevent illicit use of real accounts, social media platforms are typically moving to policies that validate family members with certified copies of death certificates, so that a loved one can account for those assets and close the account. Despite clear instructions and policies about digital closure, the original article warns that it can be a laborious task. Work with your estate planning attorney to get the most up-to-date information on digital assets and how to coordinate them with your estate planning documents.

For more information on Social Media, Estate Planning, Wills, Probate, Trusts and Estates, Asset Protection, Probate Court, Estate Planning Lawyer, Power of Attorney, or Probate Attorney; click to my website.

Reference: Smart Company (August 27, 2014) "The business of digital life and death"

Retirement Across The Border in New City, New York

One of your first considerations should be where to keep your money. When you move abroad, you will most likely need to open a bank account in the new country in order to pay local bills.

An increasing number of people are retiring on foreign shores. If you’re thinking about retiring abroad, then there is much to dream about and also much to plan.

The romance of the move aside, retiring abroad has an appeal not limited to wanderlust. It can mean lower cost of living, healthcare costs, taxation benefits, and a whole new lifestyle. But since retiring abroad means planning to move internationally, planning your retirement and, yes, planning for your eventual estate, it’s no small step. You’ll very much need to look into your future home and the laws that exists there, and work with competent counsel to guide you back here in the States. To help you in thinking about the transition and the steps to take to make the dream a reality, there is a helpful recent exposition in ElderLawAnswers titled “Things to Consider Before Retiring Abroad.”

Will you retain citizenship here? Is here home as well? Where are your bank accounts, retirement accounts, insurances and so forth? Who takes your taxes? Who will your heirs be and where? You may be a citizen of the world, but your assets, rights, and plans are bound up with the laws of your country of origin and future home country. Accordingly, switching between the two may not be so simple. The laws can define what you can accomplish, and it’s not worth allowing a bureaucrat to darken your dream. It is a big cliff to face, but not an insurmountable one.

For more information about Estate Planning, Elder Law, International Retirement, and International Law, click to my website.

Reference: ElderLawAnswers.com (May 22, 2014) “Things to Consider Before Retiring Abroad”

No-Contest Clause: Don't Let Heirs Contest Your Will in Yorktown, New York!

A no-contest clause may be a good idea if you have a beneficiary who may be upset by the property distributed to him or her.

Consider this common estate plan predicament: you are drafting a will and know that if it is challenged by a spurned heir or for anyone for any reason, it will end up potentially ruined on the shoals of probate for all to see. What can you do?

This scenario is a all too common. Fortunately, a well-drafted will in many states can include a powerful tool such as a No-Contest Clause. Recently, ElderLawAnswers considered this approach in an “answer” titled “Using a No-Contest Clause to Prevent Heirs from Challenging a Will or Trust.”

Essentially, this clause means that any heir who challenges the will in question is immediately disqualified from any inheritance from it. The clause is most effective when a would-be challenger is set to receive something under the will. Consequently, this party is forced into a cost-benefit analysis regarding his or her contemplated challenge. Like anything legal, however, the clause must be carefully conceived and deployed to work as intended.

As a rule of thumb, there are always more powerful estate planning tools available if you need them. Nevertheless, for most people planning their estates, a well-drafted will is the heart of those plans. Be sure that your will does the work it needs to do.

For more information on Estate Planning, Will, Trusts, or Probate, click on my website.

 

Reference: ElderLawAnswers (February 25, 2014) “Using a No-Contest Clause to Prevent Heirs from Challenging a Will or Trust”