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Estate Planning & Charitable Giving during COVID-19: 2 New Iowa Lawyer Articles

Charitable Giving, Estates & Estate Planning, From Gordon's Desk...
Attorney reading The Iowa Lawyer COVID-19

The Iowa State Bar Association recently published a special edition of The Iowa Lawyer, dedicated to legal situations and considerations related to the global pandemic of COVID-19.

Gordon Fischer Law Firm wrote two pieces for this volume. The first article provides tips for supporting nonprofits providing critical aid. The second piece covers best practices for estate planning during coronavirus and how getting even the basic documents in place can provide some peace of mind. The hope is that these pieces provide useful information for all Iowans, not just attorneys. Scroll to pages 15–18 on this PDF version of the publication to start reading!

Iowa Lawyer COVID-19 Cover April 2020

Also in the Iowa State Bar Association’s publication are some interesting stories on: managing anxiety and stress during this chaotic time; how to stay cybersecure while working from home; and what companies’ legal obligations are around the coronavirus, among many other worthwhile reads.

If you’re interested in reading GFLF’s previously published articles in past editions, click here to scan through the archives. Also, the articles got you thinking that it may be time to start on or revise your estate plan, check out GFLF’s free, no-obligation Estate Planning Questionnaire.

April 3, 2020/by Gordon Fischer
https://www.gordonfischerlawfirm.com/wp-content/uploads/2020/04/Screen-Shot-2020-04-03-at-11.44.38-PM.png 690 1047 Gordon Fischer https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png Gordon Fischer2020-04-03 23:36:232020-05-18 11:28:33Estate Planning & Charitable Giving during COVID-19: 2 New Iowa Lawyer Articles

No Fooling Around: These Estate Planning Mistakes are Not Funny

Estates & Estate Planning, Trusts, Wills, Wills, Trusts & Estates
april fool's day balloons

Hopefully, you didn’t get pranked too bad today or misled by a jokester on social media today. But, if you did, happy April Fool’s Day! We all love a good practical joke now and then, but the subject of estate planning is definitely not one to laugh at. If you already have an estate plan in place, that’s fantastic, but don’t let an old or inadequate estate plan make a fool out of your life, property, and legacy.

Review Your Estate Plan

Let this lighthearted April Fool’s day actually serve as a reminder to review your current documents and determine if you need to consider updated language, additional provisions, or a different strategy (like “upgrading” from a basic will to a trust). When revisiting your estate plan consider these common mistakes I see when reviewing folks’ less-than-optimal documents.

Happy Pi Day: The One Constant in Estate Planning is Change

Living Trusts Missing Retirement Plan Lingo

Many people have a valid portion of the estate assets investing in retirements plans like IRAs and 401(k)s. The mistake comes when people designate their revocable living trust as the beneficiary of these plans, but the trust hasn’t been written or updated to grant the trustee the power to manage the accounts placed in the trust. Without vesting this power in the successor trustee (presuming the testator was the initial trustee and then passed away), the trustee can lack the ability to properly deal with the plan assets and unfavorable income tax consequences can occur.

Uncertain if your revocable living trust properly contains the requisite retirement plan lingo? Simply check with an experienced estate planning attorney and invest in amending.

Retirement Benefit Plans and Charitable Giving

Outdated Living Wills

Also known as an “advanced medical directive,” your living will should contain the appropriate Health Insurance Portability and Accountability Act of 1996 (more commonly referred to as HIPAA) language. (HIPAA involves privacy and who can and cannot have access to your medical records.) If your living will was drafted pre-2001 (before Congress passed new rules governing the Act) it likely doesn’t contain the essential references to HIPPA. I’ve even seen some living wills written well after 2001 that didn’t have the proper provision. It may sound silly, but without this “magic” wording, your designated health care representative won’t have access to your medical records. Without this access, they may not be able to fulfill their duty in making the most informed decisions regarding your health care as possible. This mistake can be especially important if you’ve designated someone other than a close relative (such as a spouse or adult child) as your agent.

6 Things Iowans Should Know About Health Care Power of Attorney

Underfunded Living Trusts

Another mistake I’ve seen is living revocable trusts that are not fully funded. Undoubtedly, without the guidance of a quality estate planner, the funding process can feel overwhelming. When people procrastinate or run into roadblocks when placing assets into their trust they can get frustrated and fail to complete the process. This is a misstep with negative consequences because without funding the trust, it’s best thought of as an empty container waiting for a testator’s assets to fill it up. Without it, if the person with the underfunded trust passes away, the estate will still need to pass through the sluggish and costly probate process. And, quite frankly, the investment in the trust will have been for little benefit or advantage.

Let your estate planner help you through this process. Also, consider if you have any new major assets that need to be assigned to the trust.

Funding and Administering Your Living Trust

All jokes aside, every Iowan deserves a high quality and functional estate plan that meets their goals. Don’t be a fool and let more time go by before reviewing your plan! Please contact me with any questions; I offer a free one-hour consult.

April 1, 2020/by Gordon Fischer
https://www.gordonfischerlawfirm.com/wp-content/uploads/2019/04/Screen-Shot-2019-04-02-at-12.02.37-PM.png 679 1030 Gordon Fischer https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png Gordon Fischer2020-04-01 06:43:192020-05-18 11:28:33No Fooling Around: These Estate Planning Mistakes are Not Funny

Get Creative With Your Estate Plan

Estates & Estate Planning
creative sticker

To all of my estate planning clients, I stress the need for a complete estate plan. The set of documents includes more than a last will and testament. It also includes a health care power of attorney, disposition of personal property, and disposition of final remains, among others. But, each individual and their situation is unique and accordingly, an estate plan can and should be customizable. Beyond the baseline documents, some people elect to include a living will, while others choose to set-up a living trust. Furthermore, the specific content within the documents can range immensely when it comes to particular provisions, charitable bequests, and instructive wishes. You may even choose to get a bit “creative” with your estate plan, like the following famous examples of out-of-the-ordinary instructions.

Hairy Situation

Napoleon Bonaparte, the infamous French emperor and military leader, issued unique end-of-life directives that differed from his typical military orders. Just days before his death, Bonaparte inserted a clause stating that if he were assassinated by the “English oligarchy” that, “The English nation will not be slow in avenging me.” He also requested that his hair be divvied up among his family and stated:  “Marchand shall preserve my hair, and cause a bracelet to be made of it, with a little gold clasp, to be sent to Empress Maria Louisa, to my mother, and to each of my brothers, sisters, nephews, nieces, the Cardinal; and one of larger size for my son.”

Napoleon chair

Final Resting…Can

If you don’t want to make gifts out of your hair, you could request to be buried in a Pringles can like Fred Baur (who invented Pringles). Alternatively, you could be made into a series of limited-edition Frisbees and sell them like Ed Headrick (who, you guessed it, invented Frisbee and founder of the Disc Golf Association).

The Howard Hughes Estate: A Cautionary Tale

Family Find

Perhaps you want to issue a challenge in your estate plan like the late magazine mogul William Randolph Hearst. In Hearst’s estate plan, he challenged popular rumors, stating that anyone who could prove that they were an illegitimate child of his would inherit a $1. Spoiler alert: no one ever claimed it. (He also barred his five sons from running Hearst Corporation, which goes to show estate planning and business succession planning go hand in hand.)

one dollar bill

Better Letter

In a different kind of challenge, novelist and playwright George Bernard Shaw left money behind to fund the creation of a brand new alphabet, called the “Shaw Alphabet.” He left the conditions that the alphabet must have 40 letters, be phonetic, and totally different from the Latin alphabet. He also stipulated his desire for his script, Androcles and the Lion, to be printed in the winning alphabet.

5 Celebrities Who Died Without a Will

Choose Your Own Adventure

This all goes to show the point of estate planning: YOU get to choose. Not the court and not family members who may be left confused as to what’s best or what you would have wanted. Your estate plan is where you get to choose what’s best for you, your loved ones, and your hard-earned assets.

I’d love to help draft the perfect individualized estate plan for you. One of the best ways to get started thinking about what you want is by filling out my free, no-strings Estate Plan Questionnaire. Or, you can contact me via email or phone.

March 25, 2020/by Gordon Fischer
https://www.gordonfischerlawfirm.com/wp-content/uploads/2019/03/Screen-Shot-2019-03-11-at-11.06.13-PM.png 593 927 Gordon Fischer https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png Gordon Fischer2020-03-25 23:07:442020-05-18 11:28:33Get Creative With Your Estate Plan
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Gordon Fischer Law Firm, P.C.

Gordon is based in Cedar Rapids and serves clients all across Iowa

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