Living Issues Archives - Page 2 of 5 - Law Offices of Daniel Timins

Angry Brothers Agree to Settle (Mom’s Estate)

Posted on October 5, 2018

You never know how close you are to your family until you have to share an inheritance with them. I am wrapping-up a case where my client’s mother died, leaving a Will that equally-distributed her real estate between her two somewhat-acrimonious sons. Usually this apartment would be sold, proceeds disbursed, and everyone would go their separate way. However, my client’s brother insisted that he could make them more money if he improved the real estate. His brother (my client) was not so hip on this idea – none of them had any real estate investing experience – but through sheer force, perseverance and presumption his brother had his own son move in (which he did – with a few kewl

When More Money Actually Is More Problems

Posted on August 10, 2018

People let’s get over it: More money usually isn’t more problems. And if it happens to lead to more problems it is usually the kind of problems you want (I have never heard a man say that he wanted a slower Ferrari, or a woman complain that her gold and diamond tennis bracelet were too big, but I suppose it is possible). HOWEVER, there actually are a few circumstances where I can say that too much money actually does cause problems: Whenever a cliff tax is involved. As a rule of nature, cliffs only effect people when they fall off of them, but many people face financial cliffs without knowing about them and, in the dark of night, fall

4 Reasons Your Online Will is Turdy

Posted on June 14, 2018

In the world of legal documents, sometimes having nothing is better than having something. If you pass away without a Will you would hardly be the first person – thousands of people die in the United States every day without having a Will – so there are default statutes that dictate how your estate shall be distributed. True, often times these default laws do not entirely fulfill your post-mortem desires, but they may be better than drafting a faulty document from an online web site, executing it incorrectly, or drafting in ambiguities that now require extra court interpretation (and attorney costs) when you do pass away. My advice: Work with an attorney to draft your Will, even if it’s a

The 4 Ways (and Best Way) to Leave Property Using Your Will and Trust

Posted on June 7, 2018

If you have not already, one morning you will wake up and finally accept the fact that one day you shall die. Not an easy thought but coming to this inevitable conclusion earlier in life has the benefit of allowing you to plan for the things that remain when you pass: Your family, friends, legacy, and money. And while you can use accounts that name beneficiary designations to transfer some property – such as retirement plans, life insurance, and transfer-on-death accounts – only Wills and Trusts allow you to transfer property at the point-in-time you desire (such as a beneficiary attaining a certain age), and include protections for beneficiaries (from creditors, spendthrift behaviors, special needs and addiction). But how much

4 Reasons Your Family Disinherited You

Posted on May 23, 2018

I often get calls from indignant clients telling me their recently-departed parent or other family member has disinherited them, and they want to know their options. And while proving a Will that disinherits someone is never a foregone conclusion, they are usually walking up to home plate with two strikes against them. And many times, this was unexpected: The client had no clue why they were cut out of the decedent’s estate. From my experience, it is likely due to one of the following misperceptions you had: You did not give them enough attention. Face it: Spending time with elderly and sick people is not usually our go-to option for a Friday night. It can be very

6 Steps Before You Fund Your Child’s Home Down Payment

Posted on April 27, 2018

I have had an increasing number of clients approach me asking an increasingly-difficult question: “Should I provide my child with funds for her first home down payment, or focus on my own lifetime needs and leave my (presumably larger) estate as an inheritance when I pass away?” This is not an easy decision, since it depend both on the parent’s finances and health issues, and the child’s cash flow and social issues. Many middle-class parents realize their children’s purchasing power for real estate is significantly weaker than theirs was: Real estate prices have outpaced income growth over the last twenty years, while the number and cost of financial commitments (such as student loan debt and health insurance payments) have

Should I Share My Will with My Financial Advisor?

Posted on February 26, 2018

And the answer is: No. Usually. See you next week. Okay, okay, I’ll elaborate. Your Last Will and Testament is a confidential document while you are alive. When you pass away your Will may be Probated in a court – at which time it’s contents are publicly available – so that your estate’s assets are properly distributed to your choice of beneficiaries. So only you and your lawyer have access to the contents of your Will. Disinherit your son? He can’t find out while you are alive. Have more assets than your family knows about? They shall continue to live in ignorance. Don’t trust third parties with access to your confidential information? No problem, nothing to see

No One Likes Your Uncle Marvin: Isolated Aging Men

Posted on November 14, 2017

Many of us have an aging male friend or family member who is unmarried and has no children. This man, also known as your “Uncle Marvin”, is getting older, lives alone, and is probably financially prepared for the remainder of his life. But he may be completely unprepared for the legal consequences of his aging. Unlike his female counterparts, such as your Aunt May, Uncle Marvin and his male contemporaries are more likely to be emotionally isolated from other family members and socially separated from his community. In addition, our society still erroneously views men as competent, stoic loners who don’t require or desire our involvement with their lives. Even our health care and aging mechanisms are geared toward

Your Brother is Taking Your (Parent’s) Money

Posted on November 3, 2017

My grandmother used to counsel her friends with young children by sharing the phrase “Small children, small problems; big children, big problems…” Some siblings work a lot, take pride in their independence, and save their hard-earned money. And some siblings have bad luck, are victims of financial predators or our legal system (divorce, criminal “justice” matters, etc.), or they may just be lazy. While the stars perfectly aligned for the former children, the latter child gets stuck in a perpetual rut, parents or other family members start financing his lifestyle, and sibling bitterness boils. Down-on-their-luck children drain family assets, become increasingly disinterested in working, and cause fraternal discontent and animosity. Parental assets that could one day pass

Legal Documents You Should Share With Your Family

Posted on September 20, 2017

When you pass away certain information dies with you, such as where you keep your legal documents and what the contents of those documents are. Keep in mind written documents matter: The basis of our lives is run by contracts. But if those contracts cannot be found your wishes and desires could be confounded. Here are some suggestions regarding sharing and not sharing certain legal documents: Prenuptial and Postnuptial Agreements should always, always, ALWAYS be shared with multiple family members. These are not recorded anywhere, so if you and your soon-to-be-ex-spouse mysteriously lose your copies you need to contact your former attorneys. And remember: Attorneys in New York only have an obligation to hold onto legal work product for