In-Person Meeting to Restate Living Trust

According to the CDC, those who have been vaccinated no longer need to wear masks in indoor settings. We’re still playing it safe, masking up and social distancing. And while we’ve gotten used to our Zoom meetings, the results of our recent survey indicated that many still prefer one-to-one communications. We’re delighted to be able to provide in-person appointments once again. 

Joan wanted a one/one appointment to restate her Trust

Joan scheduled an appointment in our Walnut Creek office last week to restate her Living Trust. She and her husband had created a Trust in 2005, and her husband died in 2019. At 83, Joan is active, grateful to be in good health. She knew the Trust process was going to be challenging for her, so she didn’t want to do it over the phone or Zoom.

Among Joan’s concerns was naming a Power of Attorney and an Agent for her Advance Healthcare Directive. She has three children who are now in their 60s, and five grandchildren. She is very close to two of her grandchildren. Allison is a banker who lives in Berkeley; Oliver, a vet, is in Boston. Both are in their 30s and likely to outlive her. They are smart, trustworthy and caring. She planned to name Allison her Power of Attorney and Oliver her Agent for her Healthcare Directive. They would be backups for each other’s roles.

 

When naming a POA, consider financial acumen and commitment of time

It might seem more logical to name her children for her Power of Attorney and Healthcare Directive—they’re older, retired. But one of Joan’s daughters lives in Spain, and the logistics make this unsuitable. Another daughter is in poor health, and Joan knows that these roles can require a significant amount of attention and some financial acumen. Her son has trouble managing money, so he was not a good choice. 

Joan is realistic about this decision. She knows that if she becomes incapacitated, the role of Power of Attorney could become a significant responsibility—managing expenses, paying taxes, getting her to doctors’ appointments, moving her to an assisted care facility if it became necessary, etc.

The role of Agent for your Advance Healthcare Directive

The role of Agent for a Health Directive is someone who is legally of age, responsible for making medical decisions on your behalf if you’re incapable of doing so. It’s often a spouse or an adult child.

It’s important that you talk to your agent before appointing him/her—not after a catastrophic event. Make sure this person is willing to take on the responsibility of making crucial medical decisions on your behalf—just as you have detailed. If a situation arises that’s not covered in the Directive, your agent will be responsible for making decisions based on what he or she believes is in your best interest.

Schedule an appointment to create your Living Trust: Zoom or in-person!

You now have a choice--via Zoom or an in-person meeting. Our Trust package includes a Power of Attorney, an Advance Healthcare Directive and a Pour Over Will. Best of all, we guide you through it and we prepare the legal documents.

We service the entire East Bay and North Bay areas

Berkeley, El Cerrito, Richmond, Pinole, Alameda, San Leandro, Castro Valley Newark, San Lorenzo, Concord, Alamo, Danville, Lafayette, Orinda, Moraga, Pleasant Hill, Martinez, Pittsburg, Antioch, Brentwood, Oakley, Discovery Bay, Pleasanton, San Ramon, Livermore, Tracy and Fremont. Our clients also live in the Napa Valley, Benicia, Vallejo, Martinez, Fairfield.

Executor Anxiety: What if the Estate Doesn’t Sell?

There is often confusion about the role of the Executor/Successor Trustee who manages the family’s estate after the death of a parent. An article in The New York Times underscores the uncertainty and anxiety that an Executor may be experiencing. An “Executor” carries out a person’s Will (common in New York because Probate is more workable there), whereas most California people will have a Trust, so the person doing all these tasks is the “Successor Trustee”. Anxiety is not uncommon—none of us has trained for this role, and we don’t normally bring any experience to the job.

 

In the article, one person is the Executor of her mother’s estate. The sale of her house and its belongings will be divided equally among the surviving children. The Executor had the home’s furnishings appraised and is preparing them for sale. She’s concerned that if the furnishings don’t sell, as Executor, she will be responsible for the shortfalls.

Fiduciary duties: Acting in the best interest of the beneficiaries

An Executor is legally responsible for sorting out the finances of the person who died, generally making sure debts and taxes are paid. What’s left is distributed among the heirs. As an Executor, you can’t act against the interests of any of the beneficiaries—these are your fiduciary commitments.

According to these fiduciary duties, you can’t sell assets for less than fair market value without agreement of the beneficiaries. Your job is to settle the financial affairs and divide the assets in accordance with the Will. It’s not your job to pay your siblings if the estate is ultimately not as valuable as everyone seems to think. You are expected to make prudent decisions about how you liquidate it.

 

What’s “prudent” can be a matter of supply and demand

“What’s prudent is going to depend on the nature of the assets,” said Douglas F. Allen, Jr., a trusts and estates attorney in the Manhattan office of the law firm Seyfarth Shaw. If the estate has a valuable 19th-century armoire and you sell it at a yard sale, your siblings could hold you responsible for being careless with their inheritance. Your job is to figure out how to appraise it and find the best venue to sell it, whether that’s at an auction or through an antiques dealer. If the piece appraises for a modest sum, you may decide to sell it at an estate sale. If it sells for far less than the appraised value, then it was only worth that much—it’s a matter of supply and demand. If it’s perceived as just a hulking piece of furniture in the marketplace, then the estate is responsible for the cost of disposing of it. 

A reality check: No one seems to want old bulky furniture

I recently helped a friend downsize. They sold the estate where they had lived for 30 years. They had a home full of beautiful things, including dishes, silver and antique furniture. All of these items were expensive and in excellent condition. We tried all of the online sales sites and didn’t get as much as a nibble. No one wants this stuff, including her own children. So while they may have paid a lot of money for these items, they were virtually worthless in today’s marketplace. They only have value when someone wants them.

When it comes to real estate, partner with a broker you can trust

Decide whether to list property as-is or spend money from the estate on upgrades, repairs and staging. If the broker suggests listing it for $750,000, but it sells for $700,000, then that’s all the money you have to split up, minus whatever expenses you incurred for staging, repairs and broker fees, according to Robert D. Steele, a partner at the Manhattan law firm Schwartz Sladkus Reich Greenberg Atlas, where he is head of the firm’s trusts and estates department.

Have these conversations now

To avoid a conflict among your siblings, start the conversation now, before any heirlooms are sold or divided up. Do some research to understand the local market value. Explain the process and whatever guidelines have been laid out in the Will. For heirlooms that have sentimental but limited monetary value, split these up now to avoid turmoil at what will undoubtedly be a difficult time.

Schedule an appointment to create your Living Trust: Zoom or in-person!

You now have a choice–via Zoom or an in-person meeting. Our Trust package includes a Power of Attorney, an Advance Healthcare Directive and a Pour Over Will. Best of all, we guide you through it and we prepare the legal documents.

We service the entire East Bay and North Bay areas

Berkeley, El Cerrito, Richmond, Pinole, Alameda, San Leandro, Castro Valley Newark, San Lorenzo, Concord, Alamo, Danville, Lafayette, Orinda, Moraga, Pleasant Hill, Martinez, Pittsburg, Antioch, Brentwood, Oakley, Discovery Bay, Pleasanton, San Ramon, Livermore, Tracy and Fremont. Our clients also live in the Napa Valley, Benicia, Vallejo, Martinez, Fairfield.

This article is based on an article in The New York Times by Ronda Kaysen.

 

 

Medicare’s New Chip Card Spawns New Scams

Many of Guideway’s clients are seniors who are either creating or updating their Living Trusts. A recent conversation about scams is a window into just how hard crooks are working to steal money from vulnerable people—especially the elderly. The latest scam? Medicare is rolling out a new plastic card that will replace the old paper card. It has a microchip that encrypts transactions for greater data security. 

Sadly, scammers are all over the transition to the new Medicare card

“They’re on the move, developing ways to take advantage of any confusion that may be related to the transition,” the Federal Communications Commission (FCC) warned as the new cards were being rolled out. Be aware of these scams and make sure family members who are on Medicare understand how the new card is to be used. 

Some scammers are asking beneficiaries to pay for their new Medicare card; others are threatening to cancel people's health coverage if they don’t share their new number. The card is a free replacement—there is no charge. The FCC said that stolen data could be used to file fake claims, fill prescriptions or be sold on the dark web. 

Sometimes scammers promise free services or equipment, such as a back or neck brace, in exchange for Medicare information. They may reference new policies or updates. The best way to protect yourself: Remember that no government agency makes personal calls or makes free offers. Not Medicare, Medicaid, Social Security, the IRS, the DMV. Not ever. 

Website domain name scam

I encountered a scam that I want to share—a new one for me. I created a website for a friend a few years ago and he forwarded an email warning him to renew his domain name and pay for it immediately or he would lose the name altogether. There was contact information where he could use his credit card to pay. I logged into his GoDaddy account, and sure enough, he was all paid up. No crisis—just another scam. 

The thing to keep in mind is that no legitimate organization operates in this manner. For all of these scams, there is an immediacy—you have to do this right now—before common sense takes over and you realize that you’re being conned. The IRS never makes threatening personal phone calls. GoDaddy has fabulous customer service—they’re not in the business of making alarming announcements to their customers. 

How preposterous is this scam? Does a seven-year old car ever have a warranty?

My car is in great shape and paid for, but it’s seven years old, and I get a phone call at least once every few weeks trying to get me to engage in a scam about my car warranty--which has long since expired. They want me to log in and give them my credit card information to extend my warranty. A seven-year old vehicle does not qualify for a warranty. Ever.

Avoiding imposter scams

If you’re unsure about the legitimacy of calls you receive, contact the FTC.gov/complaint or 800-MEDICARE. Be vocal. Tell your friends and family members about these scams so they’ll be alert to potential deceit. They prey on our confusion. Don’t be conned. 

Is it time to update your Living Trust?

If you created your Living Trust eight or more years ago, there’s a good chance there’s a lot that has happened—births, deaths, divorce, investments and new jobs. Our Trust package includes a Power of Attorney, an Advance Healthcare Directive and a Will. We guide you through the process and we prepare the legal documents. Schedule an appointment with Guideway today. We guide you through it and we prepare the legal documents.

We service the entire East Bay and North Bay areas

Berkeley, El Cerrito, Richmond, Pinole, Alameda, San Leandro, Castro Valley Newark, San Lorenzo, Concord, Alamo, Danville, Lafayette, Orinda, Moraga, Pleasant Hill, Martinez, Pittsburg, Antioch, Brentwood, Oakley, Discovery Bay, Pleasanton, San Ramon, Livermore, Tracy and Fremont. Our clients also live in the Napa Valley, Benicia, Vallejo, Martinez, Fairfield.