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.”
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.
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.
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.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2018/07/Screen-Shot-2018-07-24-at-1.25.05-PM.png6901020Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2018-07-23 11:52:302020-05-18 11:28:53Legal Words of the Day: Tangible Property & Intangible Property
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:
Identify regional small business regulatory issues in order to assist agencies with regulatory reform and reduction in compliance with Executive Orders 13771 & 13777;
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
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.
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, 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.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2018/07/Screen-Shot-2018-07-15-at-1.54.39-PM.png6971054Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2018-07-16 06:44:052020-05-18 11:28:53July GoFisch Book Club Read: The Nest
Legal Words of the Day: Tangible Property & Intangible Property
Legal Word of the Day, Wills, Trusts & EstatesWhen 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.”
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.
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.
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.
SBA Office of Advocacy Iowa Regional Regulatory Reform Roundtables
Events, From Gordon's Desk...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.
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:
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.
July GoFisch Book Club Read: The Nest
Book ClubLast 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, 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.