How Can I Reduce Potential Conflict Among Beneficiaries?
Video Summary
How can I reduce potential conflict among beneficiaries of my estate or trust? Well, one suggestion I have is to appoint an independent or third-party trustee who is not a beneficiary, so that they can state that he is favoring himself, and that way the independent trustee or personal representative can administer the trust or a state and make the distribution, pay the creditors’ claims. And then if the beneficiaries have problems with some of the other beneficiaries, well the trustee can say, well, that’s up to you if you wish to file an action as far as that’s concerned. But I’m willing to follow the directions under the trust and that way whatever assets are titled in the trustee’s name or in the decedent’s name will be distributed pursuant to the provisions in the will or trust, and so for which they’ll receive a fee for serving as an executor or trustee. If you have any questions about your will or trust and how to do this, give me a call at (727) 847-2288.
- Published in Estate Planning, Probate, Videos
Does An Executor of a Will Get Paid for His Time?
Video Summary
Does an executor of a Will receive pay or are they entitled to be paid? The answer is yes. Under our Florida statute, it provides that the executor presume a reasonable fee is 3% of the assets of the estate. Also, when dealing with executors, particularly with small estates, that may be complicated, I suggest they keep track of their time rather than trying to rely on the 3% because that may not adequately compensate them for what’s involved as far as researching matters and then have them compensated for whatever time they spend on that. And depending on what jurisdiction you are in or what county you’re in, is what hourly rate would be justified for their efforts. As far as serving as the executor and whatever the fee is, is also up to the beneficiary. Since any beneficiary who’s receiving a residual portion of the estate bears the impact of the fee, it’s subject to the beneficiaries objecting to it. So many times, if the executor is also a beneficiary of the estate, they would waive that. Since it’s taxable income, since they’ll be receiving it, the money has a beneficiary of the estate. So if you have any questions about it, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos, Wills
How Can I Find Bank Accounts in My Parents’ Names After They Die?
Video Summary
How can I find bank accounts that were in my parents’ name after they pass away? Usually, the personal representative goes through their records to see if they can’t find account statements or any evidence of any these accounts in this day and time of electronic accounts and everything being paperless. Then you may wish to go through their computer and hopefully get their password to be able to check their computer to get electronic assets access to these bank accounts, or to be able to identify them. If you don’t have those resources or you can’t do that, or you haven’t identified any and you’re convinced that they had bank accounts or stock accounts, then you can employ a private investigator or an asset research firm to do a nationwide search for assets that were titled in their name, either in a brokerage account or bank accounts or whatever assets they own. Those searches usually run in the neighborhood of about 2,500 to $3,000 or maybe $3,500. If you have any questions, give me a call to (727) 847-2288.
- Published in Estate Planning, Videos
What Does “Per Stirpes” Mean in Estate Planning?
Video Summary
What does per stirpes or per stirps mean in an estate planning document? That means that you are leaving everything to, let’s say, a child. However, if they pass away upon prior to you, you wish it to go to their children or for that matter, any beneficiary that you leave your assets to. It’s usually used whenever you have several beneficiaries and you state that you leave it to three beneficiaries and equal shares per stirpes, which is Latin, which means that if any one of them would die before you, that their share would be distributed to their children or their heirs. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos
How Easy Is It to Set Up POD On Bank Accounts, What’s Involved?
Video Summary
How easy is it to set up a POD on a bank account? The POD stands for “payable on death”, and it is very easy. All you must do is contact the bank where you maintain your account, or if you’re going to open an account, tell them that you wish to put a payable on death or a POD designation on the account and give them the names of who you wish to receive these accounts. Upon your death, they will prepare a signature card and then you simply sign the new signature card. Various banks have various requirements. I’ve heard of some where they’re asking for the social security numbers of the beneficiaries, but the beneficiaries would not usually do not have to sign the signature card since they would have no interest in the account until such time as you pass away, but it’s up to the individual banks, but it should be very easy to do simply by signing the signature card. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Probate, Videos, Wills