Tag: wyoming mi wills

Grand Rapids Press Article About Living Wills

November 27, 2011 / Michael

It probably seems like all I’ve been writing about lately is healthcare related issues. There is a good reason for that. Recently I’ve been close to and read about many healthcare related situations where the treatment (or lack thereof) was very much related to the planning that the individual did (or didn’t do). Maybe I see and hear about more of these situations because I’m a Grand Rapids, Michigan estate planning attorney. However, I don’t think that is the case. Why?

Because the news media are writing about it too, due to the importance of the planning involved and what can happen if you don’t have a well-drafted and well thought out estate plan in place during a healthcare crisis. One such example is an article in the November 20, 2011 Grand Rapids Press (Section A4) entitled “Living will? Call me later. Aging boomers feel too good to plan for death.” The article is a result of an Associated Press – LifeGoesStrong.com poll.

The gist of the article was that, due to healthier lifestyles and a fear of thinking about death, a majority of “baby boomers” (64%) say they don’t have a health care proxy or living will. Of the people they interviewed, one said “I’m very healthy for my age, so death and dying isn’t on my mind,” another said, “I just feel like it’s something I’ll probably think about in my late 60s or 70s,” and my personal favorite, ” you always think something is going to happen to the other guy, not you.”

The article correctly points out that how you feel doesn’t determine what happens to you. I think that is the most important statement of the entire article, yet they fail to elaborate on it much . . . so I will. There are many “healthy” people who still need surgery, are involved in accidents, and have health issues resulting in disability, incapacity or even death. For example, just this past year, West Michigan lost a loving husband and father and a true gentleman, when he passed away during the Fifth Third River Bank Run. Those who knew him said he was the picture of health. Yet, it was a nascent condition that showed up that caused his passing. In the past six months I’ve also read about two individuals who passed away of brain aneurysms while working out. Both were described as being very healthy.

You see, our health is something we can control only to a point. Our bodies are complex and wonderfully created “machines,” and there can be many undiscovered conditions in a “healthy person.” A healthcare power of attorney or patient advocate designation is something everyone should have, no matter how “young,” “old,” “healthy,” or “unhealthy.” From the 18 year old embarking on college or their career, to the 90+ year old World War II veteran who still walks several miles a day – everyone needs these critical documents.

There are two points made in the article that I feel need some correction. First, the article emphasizes the importance of “living wills.” As a I wrote in this previous blog post, living wills are not legally binding in Michigan. Michigan is one of only a few states that have no living will statute. That said, I always have an in-depth discussion with my clients about care and end of life wishes. These become part of their healthcare power of attorney and patient advocate designation.

Second, the article mentions that each state has its own forms for healthcare proxies and living wills. It then goes on to say that “while it’s a legal document, . . . you don’t need an attorney to draft one.” Technically, that is correct – because there are some forms available, you don’t need an attorney to draft one for you. But you can say that about any estate planning document (e.g., wills, trusts, financial powers of attorney). The question you should ask is should you meet with a Michigan attorney who focuses on estate planning to discuss the issues involved and draft a plan that ensures those wishes/desires will be followed?

The answer is “yes!” The documents are the documents. The value is in the counseling and discussion involved and implementing those wishes/desires by way of a comprehensive plan involving a healthcare power of attorney (among the other important estate planning documents).

Sure, we all think it will happen to “the other guy,” just like the quote in the article. But one day, “the other guy” (or woman) will be each of us. When that time comes, it is too late to put these important planning items in place. Take action now, while you can, by calling us at 616-827-7596.

Michael Lichterman is an estate planning and elder law attorney who helps families and create a lasting legacy. This goes beyond merely planning for finances – it’s about who your are and what’s important to you. He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

What Is a Pour-Over Will?

September 25, 2011 / Michael

As a Grand Rapids, MI estate planning attorney, I see a growing number of families who recognize the benefits of a living trust centered estate plan and want a living trust as the foundation of their estate plan. Many times the other documents in a comprehensive living trust plan are overlooked or giving only a small amount of attention.

One such important planning document is the pour-over will. No, it’s not actually called that in most cases. “Pour-over” is the common way to refer to it and helps explain what it is and how it works. Although the hope is that you never need to use your pour-over will, it plays a very important role if you do.

A pour-over will is . . . well, a will. More specifically it is the type of will that is often used in a comprehensive living trust estate plan. In such a plan, the living trust plays the most important role. In your living trust you will control who receives what, how they receive it, when they receive it, what happens if you are incapacitated, who is responsible for managing the trust assets, and much more. Think of it as the “hub” of the estate planning “wheel.”

Well, the catch is this – a living trust controls only what it owns. Said another way, if the living trust doesn’t own it, whatever “it” is will go through the probate court process (unless it is directed by a beneficiary designation or other non-probate transfer mechanism). That is why it is so critically important to make sure your living trust is fully funded (read my blog post on the topic by clicking here). But what happens if something you own is not owned by the living trust and ends up going through the probate court process?

That’s where the pour-over will comes in. The reason this type of will is commonly referred to as “pour over” is because it is designed to make sure anything that is part of your probate estate goes into your living trust after you pass away – it “pours” it into the trust. It does this by directing that it happen – the will says that any property left in the probate estate at the end of the probate process will be distributed to the living trust.

And like all the parts of a comprehensive living trust estate plan, it is important to make sure your pour-over will is reviewed on a regular basis. If not, it could fail to do what you wanted it to do!

Have questions? Call us at 616-827-7596 or contact us via email.

Michael Lichterman is an estate planning and business planning attorney who helps families and business owners create a lasting legacy by planning for their Whole Family Wealth™. This goes beyond merely planning for finances – it’s about who your are and what’s important to you. He focuses on estate and asset protection planning for the “experienced” generation, the “sandwich generation” (caring for parents and children), doctors/physicians, nurses, lawyers, dentists, professionals with minor children, family owned businesses and pet planning. He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

My First Legal Zoom “Estate Plan” Review

September 18, 2011 / Michael

Well, this past week I reviewed my first “estate plan” from legal zoom. I’ve read about others’ reviews. In fact, I even referenced an article on do-it-yourself planning in a previous blog post. This, however, was my first look at a legal zoom estate plan for a potential client who wanted me to review it. I have to give this person a lot of credit for being willing to have it reviewed. To not just assume that everything was right (like many people), and to have an open and honest discussion about what it was . . . and more importantly, what it was not.

I’m not going to detail every question I had, every shortcoming of the plan and everything that was not how my potential client wanted it to be. To do that would take far too much time and you wouldn’t want to read all of it anyway. Instead, I will highlight a few of the items. To be fair, these are not just my thoughts as an estate planning attorney. Each of these items is something the potential client wanted changed because it didn’t work how he wanted it to. But how would he have known that while filling out the legal zoom questionnaire? He wouldn’t . . . more on that later.

Here are the biggest issues we came across while discussing the Legal Zoom “estate plan:”

It wasn’t a comprehensive plan – it was just a living trust and a pour-over will. At a minimum, he should have also had a financial power of attorney and a healthcare power of attorney. Although the powers of attorney are important in every estate plan, they are particularly important in this gentleman’s situation due to his health condition. Sure, it could be that he chose only the trust/will combination while going through the Legal Zoom online questionnaire, and it shouldn’t be considered Legal Zoom’s fault that he did that. I’m not saying it’s anyone’s “fault,” but the fact is, without a good discussion about what estate planning is, what it is not, what is most important to him and what planning is needed to carry out his wishes, how could he have known?!
This is probably second only to the one above. He had listed several people he wanted to receive varying shares of his estate. If someone passed away before they received their share, he wanted it to go to their children or, if they had no children, to the others he had listed. UH OH – that’s not what the trust said. It said that if any of the folks passed away, it would go to his “heirs” according to Michigan law, many of which were not people on his list and many who would receive much more than he wanted!
There was no HIPAA authorization. This means that although he wanted a living trust to help keep his affairs out of court during life and after death, someone would have to go through the court process to be appointed as guardian if they needed access to his medical records. Definitely not what he wanted.
Neither the will nor the trust had a reference to a written list of personal property. This would have allowed him to say who received what of his personal belongings without him having to change the will/trust each time. Honestly, I can’t remember reviewing a Michigan estate plan in the past few years that did not have this provision. I see this as a miss on Legal Zoom’s part.
There were several typos in the documents (for example, the signature section for the trustee had all the trustees names under the signature line written like it was one long name . . . one very long name!). I don’t know if this was user error or programming error. Either way, it was a typo. Have I seen typos before? Sure, attorneys are humans too and we make mistake sometimes. However I’ve never seen one that blatant.
Finally, although he had a living trust, it was not “funded.” That means that the trust didn’t own anything (read my blog post on the topic here). Ultimately, this meant that although he wanted to avoid the probate court process when he passed away, that would not be the case. Everything except his life insurance would go through the probate court process before it ended up in the trust and the life insurance would all go to one individual. See #2 above for why that would be bad.

Please know that the above list is by no means exhaustive. That is the list of the things that bothered my client the most. Oh yeah, notice how I changed the phrase to “my client?” He’s a client now. He wanted to make sure his estate plan was unique to his family situation and that it would work when needed . . . he didn’t feel the Legal Zoom “estate plan” did that.

I think he summed it up best at the end of the Peace of Mind Planning Session when he said, “wow – well, I guess I just didn’t know what I didn’t know. I’m glad I had you review it.”

If you have a “do it yourself” estate plan (Legal Zoom or otherwise) and would like the added Peace of Mind of having it reviewed, call us at 616-827-7596. The review is free and there is no obligation. Why leave it up to chance? Give us a call.

Aging Issues and Estate Plans

July 24, 2011 / Michael

As a Grand Rapids, Michigan estate planning attorney, I take special note of conversations in the media about estate planning. That’s how I ran across this recent Grand Rapids Press article entitled “Aging Issues Can Imperil Retirement.” I believe the overall emphasis of the article is important for two reasons: (1) it points out that everyone needs an estate plan; and (2) trusts are not just for the financially wealthy or for minimizing estate taxes. After a general discussion, the article lists specific, basic guidelines that can help protect seniors and their families from the consequences of declining mental health.

You’ll notice that #1 on the list is to prepare an estate plan. I couldn’t agree more. Why? No, it’s not just because I’m an estate planning attorney. It’s because everyone has an estate – either you can say how you want it handled by working with an estate planning attorney to put an estate plan in place, or you can let the Michigan government’s one-size-fits-all plan control what happen. I think it is important to quickly note the article’s mention of having a living will. As I previously wrote about in this post, living wills are not legal documents in Michigan. So make sure you have a Michigan healthcare power of attorney and patient advocate designation.

You’ll notice that having a living trust is #3 on the list. I’m happy to see that it made the list. Why? Because there are so many misconceptions about trusts . . . the biggest being that you have to be wealthy to need one or benefit from one. I assure you that most of the great families who work with me to create a trust plan for their family are not wealthy by any means. To give you some examples of “everyday people” reasons, read this previous post. I’m also pleased to see that the article discusses the benefits of a trust while you are still alive. There is a big misconception “out there” that trusts are only for when you pass away. Not so – there are huge benefits to having a trust while you are living. I will add that in my experience the fees are not usually the 2-3% stated in the article – in my experience that is a high number.

And finally I think it should be emphasized that these issues are too important to do it yourself. Here in West Michigan we have a very strong work ethic and like to “take the bull by the horns.” I know . . . I’m that way too. That’s why we have so many successful individuals and companies. However, this is not an area where you should do it yourself – there is too much to loose. To get some real world examples you can read my previous posts on the topic by clicking here, here and here.

After reading the article and this post, why wouldn’t you call us to make sure you have a plan that is uniquely you and provides for you and your family during life and after life? Call us at 616-827-7596 and mention this blog post for a special treat.

A Creative Idea for “Supercharging” Your IRA – Part 2

June 12, 2011 / Michael

Ok, so you read my previous post about the incredible legacy you can create by “Supercharging” your IRA. The logical questions are: what are the drawbacks to the “traditional” approach to IRA beneficiary planning and how do I do the “supercharged” strategy? Well, I’m glad you asked. That is what this post is about.

So, how is IRA beneficiary planning typically done and what are the drawbacks? Usually, a married couple will name each other as the beneficiary of their IRAs. This is done for many reasons, two of the most common being love and the additional “rollover” options provided to a surviving spouse by the tax code. Yet, there is a problem . . . spouses are usually near the same age. That means when the first spouse dies, the “stretch” tax deferral period of the deceased’s spouse’s IRA will typically be rather short. This goes against the goal of many IRA holders’ desire to maximize the “stretch” period to take full advantage of the tax-deferred growth of their IRA after their passing.

One option is to name a person from a younger generation as the beneficiary of the IRA. There’s a problem with that too . . . the surviving spouse is left out of enjoying the “fruits of labor” from the IRA. The “Supercharged IRA” strategy mentioned above is the way to have your cake and eat it too.

In this strategy, a younger person is named as the beneficiary of the IRA. Or better yet, an IRA Legacy Trust for the benefit of younger people is named so that you can not only maximize the “stretch” tax-deferral period but also make sure the IRA proceeds are asset protected for future generations (from creditors, predators, divorce and poor spending habits). As mentioned in my previous post, the required minimum distributions from the IRA are used to purchase a permanent life insurance policy on the life of the IRA holder with the spouse named as the primary beneficiary (or better yet, an Irrevocable Life Insurance Trust purchases and holds the policy so that it is asset protected from the insured’s creditors, predators and potential divorce).

What is accomplished? The IRA tax-deferral stretch is much greater because a younger person is beneficiary and the surviving spouse doesn’t miss the IRA benefits because he or she receives the insurance proceeds, which can be much greater than the IRA due to leveraging the life insurance premium. An additional benefit of this strategy is that it can be used for non-traditional couples and single individuals.

Make sure to discuss this strategy with a financial adviser, life insurance agent and estate planning attorney who are familiar with it and accustom to the mechanics of implementing it in your situation.

“Oh, We Didn’t Use an Attorney…We Bought It Online”

July 28, 2010 / Michael

Because I regular comment about the risks and dangers of online estate planning documents, I’ll keep this post short. The words above were heard by a banker friend of mine. The context of the statement is just to good to not write a post about it.

The customers have a very elderly aunt (in her 90s) for whom they have power of attorney. They brought the document into the bank because aunt needed to them to get into her safe deposit box. So the banker sends the power of attorney to the bank’s legal department. The answer back – “no.” Why? Because the power of attorney made a very general statement about financial powers and did not include the ability to access a safe deposit box. The banker’s suggestion to them was to go back to the attorney who drafted it and have it changed. They’re response was, “oh, we didn’t use an attorney . . . we bought it online.” So, they had to go get elderly aunt who lives almost an hour away, bring her into the bank on a different day, and have her authorize drilling the safe deposit box (she had lost the keys). Were they upset? You bet they were! But it was of their own doing.

And they were lucky! How? Because if aunt hadn’t been competent, they would have had to go to court to get the authorization.

Almost every attorney I know who specializes in estate planning includes a provision in the power of attorney to cover the above example. Why? Because it’s what we do. We deal with it on a daily basis. Although not having the one provision is not the point, we know that more and more financial institutions are requiring specific authority for different transactions such as accessing a safe deposit box.

Do you have a similar story? Email me or share it in the comments below. I always enjoy hearing from my blog readers.

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses throughout Grand Rapids and West Michigan. He specializes in Whole Family Wealth™ planning for professionals with minor children, doctors/physicians, nurses, lawyers, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective. He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Why You Should Care About Estate Planning: Professionals

June 13, 2010 / Michael

Moving along in my Intro to Estate Planning series, we will continue to look at why planning is important for family of different types and at different life stages. I started by uncovering the many benefits estate planning holds for parents with children under 18. If you are a parent with children under 18 years old and still have questions, contact me to have your questions answered.

The next group we’ll look at is more of a “type” of family rather than a stage of life: professionals. My definition of a “professional” is broad, including doctors, lawyers, certified public accountants (CPAs), accountants, bankers, financial advisers, nurses, teachers, middle- to high-level company managers, CEOs, company Presidents, and other similar positions. I view this group so broadly because they all share similar concerns, at varying degrees.

Some important reasons proper estate planning is critical for professionals (and their families) include:

Guardianship remains one of the most important reasons to estate plan if you have children under 18 years old. Without designating who you want to raise your children in your absence, a court will decide who will care for them. If you haven’t named guardians for your children, you should run, not walk to an attorney specializing in estate planning (and focusing on guardianship decision). If you have named guardians, you most likely made at least 1 of 6 common mistakes. Contact me to learn more!
Asset Protection. As a professional with a special skill, you face a greater threat of liability. You have worked hard to accomplish great things and are building a secure financial future for your family. Don’t leave it exposed to future divorce, lawsuits and creditors. And this pertains as much to you as it does to your children and grandchildren (and on down the line). You can pass your financial wealth on to them protected from divorce, lawsuit and creditors as well.
Planning for your incapacity to avoid bitter conflict about your finances and your health care. You need to give people you trust the legal authority, guidance and direction on how to handle your finances and your health care. Enhanced Powers of Attorney, EnhancedPatient Advocate Designations, and Living Trusts are key components to making sure your wishes are recognized and followed.
Avoiding probate. Without a proper plan in place, your hard earned wealth will go through a time consuming and often costly court process. Wouldn’t you rather your family be able to benefit right away and receive more of what you worked so hard to accomplish?
Passing on your “whole family wealth,” not just your money. This includes your values, insights, stories and experiences – who you are and what is important to you. In my experience this is THE most overlooked part of estate planning. The professionals I’ve worked with have accomplished a lot and continue to reach new levels of accomplishment. Yet in most circumstances they have not taken the time to explain their struggles, how they overcame, and what they learned – these are far more important than money to their kids, grandkids, and future generations.

These are just a few of the reasons professionals need an estate plan. Can you think of more? Please share your thoughts and experiences.

With my next post in the series, I will look at the “sandwich generation” – people who have concerns about their parents and their children.

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses in Grand Rapids, Grandville, Cascade, Forest Hills, Ada, Byron Center, Caledonia, and the surrounding areas. He specializes in “whole family wealth” planning for professionals with minor children, doctors, nurses, lawyers, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective. He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Make sure you pass on your “whole family wealth,” not just your money. This includes your values, insights, stories and experiences – who you are and what is important to you. In my experience this is THE most overlooked part of estate planning. It happens to be one of the most fulfilling privileges I have when working with families.

Online Wills and Trusts Company Gets Slapped With Class Action Lawsuit

June 7, 2010 / Michael

Pardon the interruption of our regularly scheduled “introduction to estate planning” programming for this breaking news. I figured it was bound to happen sooner or later and now we know . . . sooner. According to this article, Legal Zoom recently became the subject of a class action lawsuit. The suit accuses Legal Zoom of “unfair and deceptive” business practices. The suit alleges the deception is in Legal Zoom’s claim that “‘. . . virtually anyone'” can create a valid legal document through the site and that the ‘customized’ documents made by nonlawyers would be reviewed for ‘accuracy and reliability,’ [giving] customers a false sense of security.” What happened in the specific situation that brought about the lawsuit? They bought a revocable living trust, a will and a durable power of attorney that later had to be fixed by an attorney. My colleague Candice Aiston wrote about it here. And to be fair, you can read Legal Zoom’s response to Candice’s post here. It’s always best to hear both sides of the story so you can form your own opinion.

I’m not making any comment about the validity of the lawsuit, or lack thereof. However, if you’ve been reading my posts for any period of time you know that I believe online- and software-based will-making software leaves many people with a false sense of security. The sad part is that most people don’t find out that the security is false until they die, and then it is too late! Their family is left cleaning up the mess. Think about a child’s toy. They come with specific pieces that are designed to fit together a certain way and their are directions telling you how to construct it. Yet somehow, I still find a way to put it together wrong (causing untold frustration) or never getting it put together at all! What about you? Think about how unique each individual is . . . and each family.

An estate plan is not a cookie cutter situation and you should run (not walk) away from anyone (lawyers included) who tell you it is. Each person, each family, is like a snowflake – unique in who they are and in the legacy they want to create and pass along to their family after they’re gone. And that is just one of the reasons working with an attorney who specializes in estate planning is key to making sure you pass along your “whole family wealth,” and not just a set of documents that distributes your “stuff.” Call me if you’re interested in learning more about sharing who you are and what’s important to you – making sure your values, insights, stories and experiences will benefit your family for generations to come. It’s about far more than money.

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses in Grand Rapids, Grandville, Cascade, Forest Hills, Ada, Byron Center, Caledonia, and the surrounding areas. He specializes in the needs of professionals with minor children, doctors, lawyers, CPAs, and those in the “sandwich generation” (caring for parents and children), and does so from a Christian perspective. He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

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