Have You Included Your “Digital Assets” in Your Estate Plan? Part 2 -- Does Your Estate Plan Include Provisions Regarding Your "Digital Assets"?Thu, 04/03/2014 - 09:25 — superadmin
In last week's blog, I introduced the concept of including digital assets in your estate plan. Today's blog is a follow-up providing additional substantive information regarding estate planning issues and planning for digital assets.
Why Think About Digital Assets?
Have You Included Your “Digital Assets” in Your Estate Plan? -- If You Die, What Happens to Your Computer and All the Information Stored on it Or That’s Accessible Through Internet Access to Third-Party Sites?Thu, 03/27/2014 - 11:13 — superadmin
Most all of us have “digital assets” of one type or another. A digital asset is a computing device (computer, smartphone or tablet); data storage device or medium, or all electronically stored information (data) like user accounts; or domain names and perhaps even intellectual property rights for someone engaged in a digital-type business, such as designing websites, applications or similar digital resources.
As part of a recent series, I wrote an article about various issues involved with making sure beneficiary designations on such matters as Individual Retirement Accounts (IRAs), 401(k) accounts, life insurance policies and other similar retirement benefit accounts.
Over the past 20 years, many individuals established Qualified Personal Residence Trusts (QPRT) whereby an individual transferred title of his/her real estate to a QPRT, which essentially leveraged the value of the gift made to the trust by deducting the value of the transferor retaining use and enjoyment of the property for the term of years of the QPRT.
Title VII of the Civil Rights Act of 1964 prohibits the creation of a hostile work environment based on the prohibited forms of discrimination, such as discrimination based on sex or race. To hold an employer liable for the harassment, the plaintiff must show that the work environment was so pervaded by discrimination that the terms of employment were altered. Isolated or trivial occurrences are not likely to be sufficient.
The Winter of 2014 – Slip Sliding Away ... How Accumulations of Ice and Snow Affect Property Owners' Liabilities to Third PartiesThu, 01/30/2014 - 14:30 — superadmin
Under most states’ premises liability laws, a landowner owes duty to use reasonable care to protect individuals from unreasonable risks of harm posed by dangerous conditions on the owner’s land. This duty is breached when the owner knows or should know of a dangerous condition on the premises of which the third party is unaware and failed to fix the defect, guard against the defect or warn the third party of the defect.
The “Status” of a Third-Party Visitor to the Premises Dictates the Landowner’s Duty
Tax Planning is critical at the end of the year. Here are some ideas to contemplate, along with the tried and true year-end tax savings techniques.
Individual Tax Strategies:
1) Game – The Standard Deduction
Like most attorneys, I was taught Estate Planning either by direct tutoring from my partners or by the traditions of those attorneys teaching seminars and speaking in related educational-type programs. The answer to the question of who should serve as a successor trustee in a trust for the individuals forming the trust (trust makers) is almost always an afterthought – it defaults to the kids, of course.
The Importance of “Trust Funding”
One of the significant benefits of utilizing a living trust as part of one’s estate plan is to avoid the necessity of a surviving spouse or heirs from having to probate your assets with a probate court after your death. However, this benefit is not achieved by simply drafting and signing a living trust. The title to assets actually has to be transferred from an individual and/or their spouse to the trust during their lifetime in order to achieve the goal of avoiding probate.
In my practice, I oftentimes meet with clients who are “apologetic” for taking my time given their perception that they “… really don’t have that much [in assets]” but have come to see me based on the encouragement from friends or relatives.
All Adults 18 Years and Older Need Planning