Read GoFisch: July 2018 Edition of GFLF’s Newsletter

woman reading on phone with red nails

The July edition of GoFisch is live! This month’s edition features:

Spotify playlist cover art

 

  • A rundown on the website’s new features and fresh look
  • A curated Spotify playlist for when you’re working hard, but want to feel like you’re on summer vacation
  • Iowa-based nonprofit & philanthropy news
  • Must-read blog post highlights
  • Facebook Live video featuring me and the subject of estate planning

Like what you read? Don’t forget to subscribe to GoFisch and tell your friends. Here at GFLF we like to think of it as the least boring law firm newsletter you could hope to read.

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Hiring at Your Nonprofit? Interview Smart From the Start

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shaking hands over interview table

As a candidate for a job, we all remember those pre-interview jitters. You’re worried you’re going to say something awkward, fail to demonstrate your aptitude and experience, or show up at the wrong time in the wrong place. Maybe your resume has grammatical errors, or you’ll have food stuck in your teeth. And, then there’s that anxious thought that you may completely freeze up when asked a question!

But, the interview is not just a daunting affair for the prospective candidate. On the other side of the interview table, the process can also be worrisome to the interviewer! Employers want to make sure they’re hiring the most qualified candidate for the job, while also assessing if the prospective employee is aligned with the organization’s mission and will fit well with company culture. To achieve this, employers (for non and for-profits alike) must be well informed on how to conduct an effective interview. An effective interview requires at least two major components from the employer: carefully prepared interview questions and carefully phrased interview questions.

Choose interview questions with care

shaking hands over table with computer

Carefully prepared interview questions require the employer to determine the critical success factors of the job. Prior to the interview, employers should formulate a detailed job description along with a list of the qualities, skills, certifications/degrees, and previous work experience they are looking for in a candidate. From this, an employer should be able to formulate questions in advance, some open-ended and some not, to ask the candidates.

Avoid certain interview questions like the plague

If you’re hiring for a position you may feel like you can just wing it–one less thing on your to-do list, right? Wrong. There are interview questions and practices that could make the organization a likely target of an employment or discrimination lawsuit. While not illegal in the strictest interpretation of the word, any questions related to the following should be avoided at all costs:

  • Race and ethnicity
  • Sex and gender
  • Race
  • Country of birth/origin
  • Religion
  • Disability
  • Age
  • Marital/family status/pregnancy

Why are questions related to these topics not okay?

Phrase interview questions with care

As an employer, it’s not just what you ask, but how you phrase it. Let’s cover a couple examples:

Age

  • You cannot ask: How old are you?
  • You can ask: Are you over 18?

Asking a candidate about their exact age can lead to accusations of age discrimination or even unconscious ageism bias in hiring.

The concern here can be whether the candidate is old enough to perform the work they are interviewing for, so ensuring that the candidate is legally old enough to work is sufficient. Child labor laws exist to prevent exploitation of minors and mean to make sure education is a higher priority for minor students than work. So, if your organization is considering hiring minors for entry-level part-time roles, make sure you have full understanding of the restrictions on the types of work that can be completed, maximum working hours, and late-night work hours limitations. For instance, work permits are mandatory in Iowa for minors under 16 and violations of limitations and permits come with civil penalties.

watch on wrist

Of course, age discrimination can go the other way too. For instance:

  • You can’t ask: How long do you plan to work until you retire?
  • You can ask: What are your long-term career goals?

According to a survey of older workers by the AARP, not getting hired is the most common type of age discrimination they experienced. An additional 12 percent of older workers say they missed out on a promotion because of age, and eight percent say they were laid off or fired due to their age.

Children and family

  • You cannot ask: Do you have children?
  • You can ask: Are you available to work overtime on occasion? Can you travel for work?

Asking a candidate about children can lead to gender and/or family discrimination. The fact that someone does or does not have children should have no bearing on consideration of the candidate.  The concern here is whether family obligations will interfere with work. Asking directly about the candidate’s availability should be sufficient.

In a similar thread, you cannot ask a female candidate if/when they plan to become pregnant. The Pregnancy Discrimination Act means employers cannot discriminate on the basis of childbirth, pregnancy, or medical conditions related to pregnancy.

two kids on scooters

As an employer, you also cannot condone Family Responsibilities Discrimination against caregivers under the Family and Medical Leave Act (FMLA). This means prohibiting discrimination against prospective and current employees who take leave from work if they have to care for a new baby, aging parent, or sick kid.

Marriage

No one is required to tell you as an employer their marital status or any marriage plans.

  • You can’t ask a female candidate: What’s your maiden name?
  • You can ask: Have you ever graduated or held a job under a different name?

Marriage - bride and groom

Physical abilities & health

  • You can’t ask: How tall are you and how much do you weigh?
  • You can ask: Are you able to perform the specific duties of this position such as lift a box weighing 50 pounds or reach items on a certain size shelf.

Asking for personal details about someone like their weight or height aren’t just “banned,” but they can so be incredibly uncomfortable for the interviewee. Some jobs do require specific physical abilities, but don’t make assumptions about a candidate based on appearance. Ask only direct questions related to what’s required of them.

person walking down path

The Americans with Disabilities Act (ADA) is another super important employment-related law under this category, as it prohibits workplace discrimination based on a person’s disabilities. The ADA defines disability as, “A physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.” A good question to ask avoid questioning physical abilities while still gauging if the candidate can perform the job is: “Are you able to perform the essential functions of this job with or without reasonable accommodations?”

Transportation & residence

people on subway train

  • You can’t ask: How far is your commute?
  • You can ask: Are you able to start work at 8 a.m.? Or, are you willing to relocate?

Asking a candidate about where they reside can lead to location discrimination. The concern here should be whether the candidate can regularly show up to work on time. Ensuring that the candidate is able to make it to work on time for a shift or open of business is sufficient.

What else can you ask?

Don’t let all of this scare you off from interviewing and hiring the great people you need to carry out your mission! There are plenty of questions you ask that get to the important stuff related to qualifications, experience, behavior characteristics, and career goals, such as:

  • Tell me about your past work experience.
  • What are you looking to gain from this position?
  • Tell me about you previous experience managing teams.
  • What languages do you speak, read, and/or write fluently?
  • Previously, have you ever been disciplined for violating company policies regarding the use of alcohol or tobacco products?
  • Tell me how you became interested in this industry?

By carefully preparing and phrasing questions in an interview setting, nonprofit employers can minimize legal risks while eliciting information they actually need from job candidates to inform successful hiring decisions!

Interview with the right intel

two people sitting at table

It’s okay to have questions about nonprofit employment decisions like the interview process. It’s better to do it right and be legally prepared for it from the beginning to protect your organization against allegations of discrimination and potential litigation. This dedication to excellence in employment law should then extend through the entire employment process with tools like the ever-important employee handbook and well-crafted executive agreements.

Don’t hesitate to reach out to GFLF via email or by phone (515-371-6077)

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What the Queen of England can Teach us about Trusts

Buckingham Palace with gate

Britain’s Royal Family has been very much in the news lately. There was the recent wedding of Prince Harry and Meghan Markle. There’s also the hit Netflix series The Crown. (Who else can’t wait for season 3?!) Trump broke royal protocol multiple times on his recent trip. Prince George just turned five. And, earlier this summer (June 2 to be precise), Queen Elizabeth II marked the 65th anniversary of her 1953 coronation ceremony.

In front of more than 8,000 guests, including prime ministers and international heads of state, she took the Coronation Oath to serve her people. She was handed four symbols of authority—the Sovereign’s Orb, royal sceptre, Rod of Equity and Mercy, and the royal ring of sapphire and rubies. The Archbishop of Canterbury, Dr. Geoffrey Fisher, then placed St Edward’s Crown on her head to complete the ceremony.

An Unavoidable Unknown: Life Expectancy

I doubt very few of those dignitaries present would have guessed that Queen Elizabeth would reign for 65 years (and counting). In fact, I’ll bet if you told folks present at the ceremony that she would continue as Queen for well more than six decades, they would have thought you were, in English parlance, “crackers!”

But, one never knows about any one person’s life expectancy. Queen Elizabeth’s reigning longevity is surprising, but so, in reverse, is life of both celebrities and our family/friends alike cut too short.

There is a macabre and unfunny joke among estate planners: “Not everyone dies when they are supposed to.”  We all hope to live to be a ripe old age, like Queen Elizabeth II, and look back on a happy, fulfilling life. But it doesn’t always happen.

Ultimately Queen Elizabeth will pass away too. Everyone does. That’s why everyone needs an estate plan, even though you’re not the Queen of England and even if you’re not wealthy; even if you’re single; and even if you’re young.

Be prepared for the best, or be prepared for . . . less than the best. Have an estate plan in place so that your loved ones will not have to deal with the stress, ambiguity, and heartache of struggling with the confusion that comes with of intestate succession and not knowing your wishes or wants.

queen's crown

Royal Benefits of Revocable Living Trusts

A revocable living trust may make sense for many folks, not just royally wealth. The benefits of trusts are many, but one of the main ones is that assets avoid probate. This saves time and means distribution of assets to heirs more quickly and easily. Trusts avoiding probate generally mean less costs at death—less attorneys’ fees, less court costs, and, typically, less taxes. Living revocable trusts are also super flexible; in a single trust instrument you can name guardians for your minor children; protect assets from creditors; give to your favorite charities; and set up an endowment.

Along with a living revocable trust, you’ll also want several other legal documents: a power of attorney for health care; a power of attorney for financial matters; and a disposition of final remains, to name a few.

You don’t have to be a royal to know that estate planning is a smart, strategic, crowning achievement you can be proud of. Just like Queen Elizabeth’s longstanding legacy, you too can cement your place in history (if even just within your immediate family and with the charitable causes you care for). If you don’t have an estate plan yet, the best way to get started is by filling out GFLF’s free Estate Plan Questionnaire, or contact Gordon. If you already have an estate plan and want to invest in the benefits of a living revocable trust, don’t hesitate to reach out via email or by phone (515) 371-6077.

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Best Board Ever: Your Nonprofit Needs this Free Guide

boardroom with large table and chairs

Recently I had the pleasure of presenting on the legal and financial duties of nonprofit boards at the Iowa Museum Association. One of my main core services is nonprofit formation and compliance, and a nonprofit’s board of directors (or supervisors, depending on what they’re called) is essential to both of those categories.

Had a great time speaking with the wonderful people at the #Iowa #Museum Association on the legal & financial duties of #nonprofit boards, earlier this week! 👨🏼‍💻👨🏼‍💼#presentation #GFLF #boardroom #nonprofitlaw

Posted by Gordon Fischer Law Firm, P.C. on Wednesday, July 11, 2018

When submitting a 501(c)(3) application (or a different type of tax exempt application), the IRS almost always requires at least three distinct individuals be listed on the board of directors. In terms of compliance, the nonprofit board is the governing body of the organization and therefore has distinct duties and obligations to the corporation.

Whether just starting out or continuing a long-standing tradition of operational excellence, it’s essential your nonprofit’s board know their responsibilities, understand their fiduciary role, and implement best practices. This goes for the board of directors as a collective body, as well as each of the individual directors.

Collective Responsibilities of Nonprofit Boards

Each nonprofit organization is unique and consequently, each nonprofit benefits from individualized counsel on how to maximize board operations. But, there are general guidelines of good advice that apply across the board. (Ha! Get it?) To that point, I’ve created a resource explaining board duties, best practices, and legal and financial responsibilities that most all nonprofits will find useful. If you’re a nonprofit leader (such as an executive director) you could even print this out and include it in board orientation materials and board handbook.

Download your copy of the “Best Board Ever” guide here!best board ever handout image

Questions? Thoughts? Need a speaker to present on a topic related to nonprofit formation and guidance or employment law? Don’t hesitate to contact Gordon via email at gordon@gordonfischerlawfirm.com or by phone at 515-371-6077.

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Legal Words of the Day: Tangible Property & Intangible Property

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magnifying glass over book

When most people use the word “property,” they typically mean real estate or land, such as: “She owns 50 acres of property in Harrison County.” But, for estate planners, the word property has a much broader meaning. For estate planners, property is what we lawyers call a “term of art.” A term of art is a word or phrase that has a specialized, specific meaning within a particular field (such as the legal profession). Terms of art are abundant in the law; other legal terms of art you may have heard of include “double jeopardy,” “burden of proof,” and “punitive damages.”

bookcase with ladder

Two Broad Classifications

There are two broad classifications of property—real property and personal property. Real property includes land and whatever is built on the land or attached to it. It includes buildings (like houses and grain silos), fences, tile lines, and mineral rights, for example.

Personal property is best described by what it is NOT. Anything and everything that is not real property, is then personal property. It can be easiest to think of this in terms of movability. Typically real property cannot be picked up and moved. Yes, you could dig up dirt from your plot of land and move it to your neighbor’s plot of land, but you cannot actually “move” the land.  And, sure, you could argue that you could move a shed from one corner of the yard to another, but not easily.

To drive this point home, let’s think about that shed. Let’s say I want to build a shed. The lumber, tools, and paint I brought to the site to build the shed are personal property; the shed itself is real property.

Intangible and Tangible Property

Personal property is broken down into tangible property and intangible property. Tangible personal property has physical substance and can be touched, held, and felt. Examples of tangible personal property are numerous, just a few examples are furniture, vehicles, baseball cards, cars, comic books, jewelry, and art.

Intangible personal property includes assets such as bank accounts, stocks, bonds, insurance policies, and retirement benefit accounts.

(Legal) Word of the Day: Property

Pop Quiz!

Can you classify the following as real property, tangible personal property, or intangible personal property?

Your Twitter account.

This is intangible personal property. Yes, your social media presence and digital accounts are intangible property. (Don’t forget to account for this property in your estate plan!)

Your IRA.

Again, this is intangible property.

Farmland, including its silos and fences.

Real property.

Your comic book collection.

Tangible property!

MacBook Air laptop computer.

Your computer is tangible property. But, it may contain intangible property which could well have monetary value, such as a document containing a recipe you wrote on how to bake a better apple pie, or a software you programmed.

This quiz, and overall discussion about property, sparks a big question…

What Happens to Your Property When You Die?

When you die, what happens to your property depends in large part on whether you have a will (as a part of a complete estate plan) or not. If you have a will, then your property will pass to your beneficiaries just as you intended. An exception: some intangible personal property, such as retirement and bank accounts, have beneficiary designations. Such property will pass to its intended beneficiary without a will. (Don’t forget a beneficiary designation trumps what’s written in a will, if there is any discrepancy between the two.)

If you die without a will, you are leaving it up to the Iowa intestacy laws to decide who will receive your property. Decisions as to who of your heirs at law receive your property will be made without any regard as to what you may have wanted, or may have not wanted, if you would have had a say in the matter. Long story short, it’s a good idea to put an end to the excuses and enlist a qualified estate planner to draft your personalized, quality estate plan.

How Much Does an Estate Plan Cost in Iowa? Rates Should be Transparent!

Whether it’s real or personal, tangible, or intangible, act now to protect and prepare your property for the future. Get an estate plan. You can reach me most easily by email at gordon@gordonfischerlawfirm.com or call my cell, 515-371-6077. Don’t delay—write or call today.

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SBA Office of Advocacy Iowa Regional Regulatory Reform Roundtables

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people around table and computer

An opportunity for Iowa small business owners came across my desk that I want to share with as many people as possible!

The Small Business Administration (SBA) Office of Advocacy is hosting a series of free, public roundtables across the U.S. They have three upcoming opportunities for Iowans.SBA Office of Advocacy

The schedule is as follows:

Council Bluffs, IA – Tuesday, July 17

Time: 8:30 AM – 12:30 PM CDT

Location: Mid-America Center, 1 Arena Way, Council Bluffs, IA 51501

Link to register

West Des Moines, IA – Wednesday, July 18

Time: 8:30 AM – 12:30 PM CDT

Location: Drury Inn & Suites West Des Moines, 5505 Mills Civic Parkway, West Des Moines, IA 50266

Link to register

Dubuque, IA – Thursday, July 19

Time: 8:30 AM – 12:30 PM CDT

Location: Holiday Inn Dubuque/Galena, 450 Main St., Dubuque, IA 52001

Link to register

What’s the purpose of these roundtables?

The Regional Regulatory Reform Roundtables will be a chance for small business owners and operators to share their regulation concerns with SBA Office of Advocacy senior staff.

As stated by the SBA Office of Advocacy, the Regional Regulatory Reform Roundtables will have the following goals:

  1. Identify regional small business regulatory issues in order to assist agencies with regulatory reform and reduction in compliance with Executive Orders 13771 & 13777;
  2. Compile crucial information for Advocacy’s new report on existing small business regulatory burdens across the nation, identifying specific recommendations for regulatory changes based upon first-hand accounts from small businesses across the country; and
  3. Inform and educate the small business public as to how Advocacy and SBA can assist them with their small business goals

What is the SBA Office of Advocacy?

The SBA Office of Advocacy is an independent office that wears many hats in representing the needs and concerns of U.S. small businesses before the federal government, judicial system, and in working with state policymakers. For instance, the Office serves as a source of small business statistics and acts as a watchdog for the Regulatory Flexibility Act.

What does GFLF have to do with small business owners?

Beyond passing along events and opportunities such as this, Gordon Fischer Law Firm works with Iowa business owners to help them put in place sound succession and estate plans. Whether it’s a tax-exempt or for-profit, GFLF can help leaders of Iowa entities ensure their operations are set-up for success in the future.

Questions? Comments? Don’t hesitate to contact GFLF.

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July GoFisch Book Club Read: The Nest

Wraparound bookshelf

Last month’s GoFisch book club pick was a real life soap opera-esque story of estate planning, inheritance, and complex affairs tied to extreme wealth. This month’s read is also about estate planning, but is a fiction story with the quick pacing of a comedy and dialogue of a melodrama. I bet you could fly though this one while lounging poolside or swinging in the backyard hammock!

The Nest book

The Nest, by Cynthia D’Aprix Sweeney, follows the dysfunctional Plumb Family siblings around New York City as they deal with the unexpected fallout from the eldest Plumb’s major, costly mistake. All the while, the four adult siblings are the beneficiaries to a trust fund they have deemed “the nest” (like a nest egg, so to speak). The “nest,” thanks to sound investing and a generous market, grew larger than the grantor (the Plumb’s father) ever expected. Indeed, he intended for it to be helpful, but not a pot of gold to depend upon.

Leo’s accident (the oldest brother) and the unintended consequences that follow, puts a “crack” in the nest egg all had come to count on. (All four siblings had to wait to have access to their share of the funds until the youngest child turned 40.) Tensions flare, grudges are dredged up, and each of the Plumb siblings will have to reckon with their own poor financial decisions. Indeed, they were all depending on the trust fund in different ways to help bail them out of their own missteps.

This New York Times bestseller masterfully sets an engaging domestic drama filled with familial love and letdowns midst important estate planning elements. The Nest (at least for me) naturally leads its readers to want to learn more about different types of trusts, explore why estate planning is super important, and to whom they’re leaving their money to and how. It also reminds us that it’s super important to honestly discuss estate planning decisions and intentions with your loved ones who are named in the estate plan, so everyone is on the same page.

I would love to hear your thoughts about this book in the comments below! Did you love this book or not so much? Do you have any recommendations of books (fiction or non) related to Gordon Fischer Law Firm’s core services of estate planning; nonprofit formation and guidance; nonprofit employment law; or donations and complex gifts? Let me know in the comments or contact me by email or phone.

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3 Lessons Your Favorite Charity Should Take from 2018 World Cup Champions

World Cup Trophy

What a game! Instant classic!

While I’m far from any type of soccer expert, I closely watched the FIFA 2018 World Cup final, and it struck me that there were three evident lessons from the victorious French team’s play that are transferable to your favorite nonprofit.

World Cup Final score

The Need for Speed

Croatia is a truly great team and played extremely well. But it seemed to me France was simply the faster and quicker team. Faster to loose balls, faster down the field, faster to set up defensive and offensive plays.

Does your favorite nonprofit have the requisite speed to operate in our hyper-digital, I-want-it-yesterday world?

Of course, there’s most definitely times for quiet, sure-but-steady deliberation. You don’t want to be rushed into making bad decisions.

But let me ask you: How fast is your fave nonprofit in getting out thank you notes after a donation or event?

When a potential donor contacts you, how fast is your response time?

When a potential donor contacts you with an unusual gift, a non-cash gift, how quickly can you respond as to whether you take such gifts and that you’ll take this particular gift? (A gift acceptance policy and a gift acceptance committee can work wonders here).

How quickly do you respond to someone who contacts you and wants to become more involved in your nonprofit as a volunteer, committee member, or board member?

To take the simplest example of how being quick and “on the ball” can make a difference, think about if you receive a thank you note just a couple days after a donation is made. It means more and makes a lasting impression rather than a thank you note received a month after a donation is made.

One Superstar Is Not Enough, Not Even Luka Modric

Even the most rabid fan of Les Bleus, would probably agree that Croatia’s Luka Modric is/was the best individual player on the pitch today.

Nonprofits often rely on superstars, too–the executive director who toils for decades; the board president with the knack of bringing board members together, and the volunteer who shows up every week to keep the database totally updated.

But, soccer is a team sport, and in the long game, so is philanthropy.

You don’t need just one of the “superstars,” you need all three…plus many other active staff, volunteers, board members, and stakeholders.

As awesome and spectacular as Modric is as a soccer player, he’s just one player. You need a whole supporting cast to win the match, every match, and stay consistent.

As commentators noted even before the game, France has such a litany of stars that anyone could step up to be counted on a given day. Griezmann, Mbappe, Giroud, Pogba, and others make France champions because they came to the field with such a deep bench.

Collective Responsibilities of Nonprofit Boards

Calm, Concentration, and Confidence

One of France’s coaches said he wanted his team to remember just three things during the match today: calm, confidence, and concentration. The same could be said by a leader at your favorite nonprofit.

Calm

On any day, at a small (or even large) nonprofit, all heck can break loose. Instead of one big problem, five, six, or 10 “fires” may break out. In these times, calm is needed. Don’t panic. Panicked people are not productive people. Work your way through each problem in order of importance. Communicate with the others that you’ll be back with them as soon as possible. It will get better. We all have bad days, don’t make a bad day even worse or last all week by not remaining cool and collected.

Concentration

Don’t be constantly distracted by our uber busy, get-it-to-me-yesterday work culture. Decide what’s most important and try to stick to not only tackling it but finishing it, despite the myriad of distraction that no doubt will be thrown at you.

Confidence

If you are not fully confident in your mission, goals, and objectives, potential donors and other stakeholders will be able to sense this. I believe expert legal counsel can help tremendously in this regard. To take just one prominent example, there is no such thing as being too compliant. How many of the policies and procedures the IRS asks about on Form 990 do you have? Were they copied off the Internet willy nilly or personally crafted for the unique needs of your nonprofit? When was the last time they were reviewed and updated? Demonstrate confidence by taking charge of your compliance.

Nonprofit Policy Special: 10 for Form 990

What lessons did you and your favorite charity take from today’s World Cup championship game?

Also, what was your favorite part of the match? I’d love to hear from you! Leave your thoughts in the comments below, or contact me by email, gordon@gordonfischerlawfirm.com or on my cell, 515-37-6077.

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Elective Share Law: Can my Wife Disinherit me in her Estate Plan?

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two hands with wedding rings

Asking if your current spouse of many years can disinherit you is a question I hope you never have to ask. But, it’s an interesting query to say the least, and the answer may astound and amaze you.

It’s super uncomfortable, even for an estate planner like me, to think about my wife leaving me out of her estate plan, let alone her passing away. So, I’m going to use a hypothetical example.

Mr and Mrs sign

Scenario: John, Mary, and the Lover

Let’s say John and Mary are legally married. One sad day, Mary has a massive heart attack and dies. John is shocked to discover that Mary had a valid will he knew nothing about. Far worse, Mary specifically disowned John, said John should get absolutely nothing, and instead Mary left her entire estate to her paramour (aka lover); someone John knew nothing about!

Wow, ice cold, Mary, ice cold.

What result? I’ll give you four options, pick which you think is most correct.

  1. The “manstress” gets everything, John gets nothing.
  2. John gets everything; the lover gets nothing.
  3. The lover gets everything, but only after a lengthy, awkward, and hard-fought court battle.
  4. The lover gets some of the estate, but so does John.

Have you picked?

Answer “D” is most correct, at least under Iowa law.

You see, under Iowa law, a spouse cannot completely disinherit another spouse (assuming they have a valid marriage and they are married at the time of the first spouse’s death).

Elective Share Law

Iowa has an “elective share” law. (You can read the specific Iowa Code Section here if you’re curious. The citation is Iowa Code § 633.237).

In Iowa, a surviving spouse chooses between inheritance under a will OR elective share in the deceased spouse’s estate. Until the surviving spouse files an affidavit for claiming elective share, it will be presumed that the surviving spouse will take the inheritance under the will.

In Iowa, the elective share of the surviving spouse comprises of all of the exempt personal property and 1/3 of the value of all real estate, after the debts have been paid off and 1/3 of whatever is remaining of personal property. The surviving spouse may occupy the homestead in lieu of taking the 1/3 share of real estate of the deceased spouse.

Valentine’s Day For Married Couples: Give your Spouse a Worthwhile Gift

So, Can My Spouse, Disinherit Me?

Bottom line, my wonderful wife, Monica, cannot disinherit me so long as we are legally married. Even if she (or her lawyer) writes a will that states I should get not one single penny from her estate no matter what, I would still have the option of choosing an elective share. Obviously, in this case, just like in John and Mary’s situation, the decision will be an exceedingly easy one. The will give me zero, zilch, nada, nothing—of course I am going with the elective share option.

Gordon and Monica wedding day

This is Monica & I on our wedding day!

But you know what? The elective share is a narrow exception that proves the general rule. By that, I mean the following: one of the great reasons to do proper estate planning, is that you can give what you want, to whom you want, how you want, when you want. (And if you do NOT do proper estate planning, well, then, you leave it up to the Iowa Legislature and Iowa Courts to dispose of your property).

Again, it bears repeating: estate planning allows to give what you want, to whom you want, how you want, when you want. On top of accounting for your loved one in you estate plan, you also have the wonderful opportunity to help the cause or causes that you are most passionate about through charitable bequests in your will.

Want more on this subject? Check out this Facebook live video of me explaining this “in person.”

Have more questions about you will and estate planning? Maybe how you and your spouse can achieve your collective and individual goals? How about avoiding conflicts of interest? I offer everyone a free one-hour consultation. You can reach me anytime through email at gordon@gordonfischerlawfirm.com or call my cell at 515-371-6077. I’d truly love to hear from you!

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Charitable Giving: As American as Apple Pie

Earlier this month we launched fireworks, grilled burgers, and spent time with loved ones while celebrating the Fourth of July. America’s Independence Day stands as a surrogate of sorts for the ideals that our great nation was built on. The Fourth of July has always been a special holiday for me, and my family, as my parents immigrated to America from Germany just before the Iron Curtain came down.

Red, White & Blue: Happy Independence Day!

Along with life, liberty, and the pursuit of happiness, I like to highlight the freedom we have to give charitably to the causes and organizations that are important to us. The most economical, tax-wise philanthropy can involve unique strategies (like “bunching” multiple years’ worth of giving into one year) and gifting non-cash assets (such as appreciated stocks). You can also consider writing charitable bequests to the tax-exempt organizations you support into your estate plan. The bottom line? There are so many different, effective charitable giving tactics you can employ to support your community. In turn, it makes America an even better place to live!

I’ve blogged about many, many tax-wise charitable tools and techniques, but here are just four (in honor of July 4th) you ought to consider (in no particular order):

Charitable Gift Annuities (CGAs)

A charitable gift annuity is a contract. More specifically, it’s a contract between a donor and a charity, whereby the donor transfers cash or property to the charity in exchange for a partial tax deduction and a lifetime stream of annual income from the charity.

Sweet Sixteen: 16 Reasons Charitable Gift Annuities Are Great Tools for Philanthropic Giving

Charitable Remainder Trusts (CRTs)

A charitable remainder trust is a very useful type of trust. It’s an an irrevocable trust that generates a potential income stream for you, as the donor to the CRT, or other beneficiaries, with the remainder of the donated assets going to your favorite charity or charities. I break down CRTs here.

Charitable Lead Trusts (CLTs)

A charitable lead trust is perhaps most easily defined as the inverse to the charitable remainder trust (CRT). A charitable lead trust is an irrevocable trust designed to provide financial support to one or more charities for a period of time, with the remaining assets eventually going to family members or other beneficiaries.

Simple Bequests

We may forget with all the fancy tools and techniques that are available, but let’s not forget that a simple bequest, to the charity or charities of your choice, can be incredibly powerful! In fact, even a game changer for many nonprofits. Consider adding your favorite charity to your will. And if you don’t have a will yet, that’s the first step you should take. You can download my EPQ for free to get started on building the estate plan that will help provide for your family AND favorite causes.

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Whatever your giving goals and financial situation, I can help you structure your philanthropic gifts, so they provide maximum tax-wise benefits, while also ensuring your charitable intent is both respected and followed. Get smart about giving and contact me at Gordon@gordonfischerlawfirm.com or 515-371-6077. I offer everyone a free one-hour consultation.

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