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DailyFinance Shares How McManus Helped Clients Avoid Estate Planning Nightmares

Daily FinanceEstate planning nightmares don’t just exist in dreams. Writing for DailyFinance, Reporter Michele Lerner relays several real-life horror stories that arose—and certainly have been replicated in similar forms far and wide—due to families neglecting to have detailed conversations about inheritance plans. “According to the 2014 Intra-Family Generational Finance Study by Fidelity Investments,” Lerner writes, “64 percent of parents older than 55 who have at least $100,000 in investable assets and their adult children over 30 aren’t on the same page about when the right time is to have conversations about estate planning.”

For her article, “Avoid These Estate Planning Nightmares,” Lerner asked John O. McManus, founder of McManus & Associates, to share estate planning blow-ups that his clients have faced and how he helped them overcome each challenge. From the story’s section titled, “Cross-Country Squabbling Siblings”:

A client of John O. McManus, an estate attorney and founding principal of McManus & Associates in New York City, had a client whose daughter lived on the West Coast and son and daughter-in-law lived close to her on the East Coast. The children had joint power of attorney, and the daughter would sign blank checks so that her brother and his wife could pay for things their mother needed without constantly needing her signature.

“The son wrote his wife checks from his mom’s account as a salary to pay her for taking care of his mother, which caused some tension between the siblings,” says McManus. “Due to the son’s history of run-ins with the law, the daughter was wary of letting him have too much power over his mom’s estate.”

Ultimately, the mother named the daughter as sole executor. But after the mother passed away, the daughter-in-law took things out of the house that she claimed were hers or were “intended for her” by the deceased mom. “The daughter called the cops to have the daughter-in-law arrested when she would not leave the home of the decedent,” says McManus.

McManus was able to get both parties to agree that the daughter-in-law could go through the house with the estate sales team to select items that she claimed were left to her, and the company would value these items to be deducted from her share of the deceased’s estate.

To avoid situations in which relatives fight over individual property, it’s best to include a written list of items of value with designated recipients in your will.

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New Jersey Law Journal Features Article by McManus in Special Supplement on “Wealth Management”

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On July 28th, New Jersey Law Journal published a special supplement on “Wealth Management.” The featured section includes a co-authored guest article from McManus & Associates Founding Principal John O. McManus and Mark Cortazzo, senior partner at MACRO Consulting Group. The piece, titled “How Estate Planning Can Unintentionally Wreck a Retirement Plan,” outlines steps that can be taken to protect clients when complex investment vehicles like variable annuities are involved in the estate planning process.

Introducing the topic, McManus and Cortazzo emphasize the importance of being fully informed as a professional who can be held accountable for any missteps and blamed for poor recommendations: Continue reading

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John McManus and Dominic Pepper Co-Author Article for Bloomberg BNA

Reproduced with permission from Tax Management Weekly State Tax Report, 2014 Weekly State Tax Report
3, 7/4/14. Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

July 14 Article 1July 14 Article 2July 14 Article 3July 14 Article 4July 14 Article 5

 

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John O. McManus Pictured and Quoted in the New York Times

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New York Times “Wealth Matters” columnist Paul Sullivan recently interviewed John O. McManus, founding principal of NJ-based McManus & Associates and a top AV-rated attorney, about the implications of a recent court case in which he successfully helped a client named Kate contest the will of her late grandmother. John grasped the dynamics at play in Kate’s situation with her family, which was crucial to a successful outcome with the case.

With the column, “When a Will Divides an Estate, and Also Divides a Family,” John’s photo below appeared with the caption: “John O. McManus of McManus Legal [McManus & Associates] says that many cases contesting wills are not clear-cut. “Should the grandkids get their dad’s share? Absolutely,” he said. “Were the grandkids without fault? No, they didn’t visit Grandma enough.”

McManus - New York Times

From the piece:

What Kate’s case shows is both how easy and complicated it is to execute a deathbed disinheritance. John O. McManus, a lawyer in New York who represented Kate and her siblings, said that like many cases contesting wills, this one was not clear-cut. “Should the grandkids get their dad’s share? Absolutely,” he said. “Were the grandkids without fault? No, they didn’t visit Grandma enough.” Continue reading

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New York Family Publishes Article by McManus on Estate Planning for High-Income Household

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Estate Planning For High-Income Households

A local expert weighs in on the top 10 considerations

By John McManus, June 2014

John McManus high-resAmerican poet and novelist Don Williams, Jr. once said: “Despair is most often the offspring of ill-preparedness.” In the same vein, preparation to handle the problems that commonly challenge high-income families sets apart those who preserve wealth and values for posterity from the 70 percent whose inheritances and family businesses do not survive the second generation.

One of the most important (but sometimes overlooked) aspects of creating an estate plan involves detailing wishes and expectations for the care of children in an emergency or tragedy. Families should also give careful consideration to the sophisticated wealth transfer opportunities now available to create a stream of affluence to the next generation in a tax-efficient manner; but in doing so, parents and grandparents must be aware of the risks and complications that may arise from giving assets to children. Continue reading

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McManus Shares Mission-Critical Advice on the Do’s and Don’ts of Creating a Trust in CNBC Article

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On assignment for CNBC, Jennifer Woods recently penned an article to help readers think through the terms when creating trusts in order to ensure money “lands in the right hands and isn’t squandered.” For expert guidance on the topic, Woods turned to John O. McManus, founding principal of McManus & Associates and a top AV-rated estate planning lawyer.

Mission-critical advice from McManus on the importance of perpetuating a trust was spread far and wide via Woods’ article, “Heir tight: The dos and don’ts of creating rock-solid trusts.” From the story:

“We like the idea of a trust remaining in effect for the child’s lifetime,” said John McManus, founding principal of McManus & Associates, a trusts and estates law firm. This is particularly beneficial when large sums are involved.

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WSJ’s MarketWatch Features Advice from McManus on “How women can make estate planning easier”

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Andrea Coombes

Andrea Coombes

Andrea Coombes writes the “Ways and Means” column for MarketWatch, a media property of the Wall Street Journal that has nearly 9.5 million unique visitors per month. McManus & Associates Founding Principal and top AV-rated Attorney John McManus recently spoke with Coombes about special considerations for women when it comes to estate planning.

Coombes’ story, “How women can make estate planning easier,” was today published by the news outlet and includes a large section that reflects thoughts shared by McManus on the topic. From MarketWatch:

Women who remarry or those who come to a marriage with significant assets should think carefully about their estate plan before tying the knot.

“We find that women are hesitant to discuss their net worth going into a new relationship, but that puts them in grave danger,” said John O. McManus, founder of McManus & Associates in New York and New Providence, N.J.

“If they keep the assets on their own balance sheet, the good news is, if they divorce, the new spouse won’t have access to that money,” McManus said. While state laws vary, in some cases the assets one brings to a marriage “are not an asset in divorce.”

The bad news, assuming your wishes are otherwise, is that, if you die first, your husband will get one-third of those assets. “By operation of law, your spouse is entitled to a minimum of one third of your assets. Social policy in the U.S. says you cannot disinherit your spouse,” McManus said.

Even if you write a will in which nothing is left to the surviving spouse, “by law, he’s entitled to one third of the assets,” McManus said.

There are a couple of ways to forestall that issue, though none are ideal, he said.

One tactic is to make sure beneficiary designations on retirement plans and the like are set such that your children or other heirs inherit — but those designations need to be in place before you get married. If they are, such designations “will control and overrule the right of election,” McManus said.

But changing beneficiary designations after you get married may be difficult, because some financial-services firms won’t allow changes that entail disinheriting a spouse without the spouse’s consent.

Another solution is to set up a trust, naming a child or other relative as the recipient, and put assets into it before you get married. You can still borrow from the trust, McManus said, but the husband will not have access to that money if you die.

McManus said he’s seen situations where a spouse changed the beneficiary designation on a retirement account to name her husband, rather than a child, with a verbal agreement that the money would go to the child in the event of the husband’s death. But at that point, there’s no way to be sure that will happen when you’re gone.

“Be clear in your head what you want to leave to your children and to your spouse before you get married,” McManus said.

Coombes’ piece goes on to cover the estate planning basics that women should consider putting in place, no matter their ages or how much money they have. The list from the article:

  • A financial power of attorney, naming the person who will make money decisions for you if you can’t

  • A health-care power of attorney, naming the person who will make health-care decisions for you if you can’t

  • A living will specifying your end-of-life wishes

  • If you have minor children, a will that names a guardian for them

  • Make sure the beneficiary designations on retirement accounts and life-insurance policies are up-to-date.

  • Talk to your bank and representatives of your other financial accounts to make sure the titling of those assets suits your situation.

Coombes’ story includes more valuable information, so don’t miss reading it in full. Make your way over to MarketWatch to check it out.

And to take action on the to-do’s recommended by experts in the article, including our firm’s own founder, give us a call at 908-898-0100.

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McManus Interviewed by Best-Selling Author Gail Liberman for “Managing Your Fortune” Column

palm beach daily newsGail Liberman—personal finance columnist for Dow Jones Retirement Weekly and the Palm Beach Daily News, contributing editor for Financial Advisor magazine, and best-selling author (her latest book is “Quick Steps to Financial Stability” – Que/​Penguin)—recently chatted with John O. McManus, founding principal of McManus & Associates and a top AV-rated tax and estate planning attorney, for her column “Managing Your Fortune.” As part of her regular spot for the Palm Beach Daily News, Liberman’s piece “Need a revocable living trust?” explores the commonly-heard recommendation from financial gurus to implement one of these planning vehicles.

From the column, which also shares the exciting news that McManus & Associates is opening a location in Florida:

John O. McManus, a New York estate planning attorney who is opening an office in Miami, says a revocable living trust avoids headaches for your heirs.

Family disputes over your money, problems with creditors and hassles by financial institutions reluctant to accept a power of attorney are just a few.

A revocable living trust, by avoiding probate, also can protect the privacy of your estate from nosy neighbors or crooks.

In one recent case, McManus notes, a client lost an original will — the only type of will most courts will accept. The already-in-place revocable trust was important in helping convince a judge to go along with the wording contained in the only copy of the will that the heirs were able to produce.

The piece goes on to ask what happens if you fail to title an account in the name of your trust or if, after you die, your estate suddenly inherits a small check, for example. According to Liberman:

Your trustee may need to jump through hoops to get the pesky $50 check back into the revocable living trust. But because fees generally are on a sliding scale, based on the size of the probated estate, McManus says, the added cost should prove minimal.

Head on over to the Palm Beach Daily News to read Liberman’s entire column, which explains that a revocable living trust is not just for saving on estate taxes. To start the process of establishing a revocable living trust of your own, reach out to us at 908-898-0100. McManus & Associates will help make it easy.

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Expert Article from McManus featured in Trusts & Estates’ New Monthly Newsletter

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In February, Trusts & Estates/Wealthmanagement.com launched a new monthly newsletter that caters to financial advisors. The goal of the undertaking? Demystify the world of estate planning and encourage collaboration between attorneys and the more investment-focused professionals.

This month, an article from John O. McManus, founding principal of McManus & Associates and a top AV-rated trusts and estates attorney, was featured in the newsletter and published on wealthmanagement.com here. John’s article, “The New Frontier of Estate Planning,” puts the Generation-Skipping Transfer tax (GST) on the radars of financial advisors, pointing out that estate planning strategies have evolved along with the tax climate and political landscape. As described by John:

“GST is a second-layer tax typically imposed on asset transfers to grandchildren or any other generation beyond one’s children. Unlike the estate and gift tax exemption amounts, the GST exemption is non-portable, even between married couples, so it’s essential to plan for total deployment of the amount through a last will and testament, revocable living trust or with lifetime gifts.”

With simple math, the piece shows how to determine the “applicable rate” of GST—multiply the “inclusion ratio” by the maximum federal estate tax rate—and then goes on to detail the history of GST law. Encouraging that financial advisors can easily help clients maximize their GST exemption, John explains:

“Irrevocable life insurance trusts (ILIT) and annual exclusion gift trusts, both estate planning staples, are examples of common strategies that impact the availability of GST exemption due to the automatic allocation rules. Filing an annual gift tax return and not electing to deploy GST exemption on the transfer for small gifts preserves the exemption for larger lifetime transfers.

“Our advice for accountants filing gift tax returns? Read a copy of the trust agreement and have a discussion with the client’s estate planning firm to understand the intended deployment of the GST exemption. Maintain your clients’ trust by avoiding problems in the first place and preventing the need to fix those problems at a greater cost down the road.”

The piece closes by urging financial advisors and estate planning attorneys to work together in order to best navigate the GST tax when approached about transferring wealth to grandchildren. For an in-depth look at GST, read John’s whole article here. And to find out how McManus & Associates can put the GST exemption to work for you, give us a call at 908-898-0100.

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“Wills, Trusts, and Estates Prof Blog” Points Readers to McManus & Associates

Gerry W. Beyer

Gerry W. Beyer

A treasure chest of information on estate planning, “Wills, Trusts, and Estates Prof Blog” is a member of the Law Professor Blogs Network sponsored by Wolters Kluwer and written by Texas Tech School of Law Professor Gerry Beyer. Via the go-to outlet, Beyer recently highlighted McManus & Associates’ latest educational conference call, “Top 10 Signposts to Guide Planning for Estates under $10MM.” The discussion sheds light on estate planning strategies that should be considered now following recent changes in federal and state law.

In the post, Beyer shares with his readers the 10 questions that should be explored, which structure McManus & Associates’ free but very valuable guidance: money question mark

  1. Following the increased Federal exemption, why must equal emphasis now be given to capital gains tax planning?
  2. After planning is complete, what are the opportunities to achieve a step up in basis?
  3. Can heirs cover the gains tax due if gifted assets have greatly appreciated?
  4. What are the income tax benefits of planning testamentary trusts for the benefit of the surviving spouse as grantor trusts?
  5. Can you use Joint Exempt Step-up Trusts (JESTs) to ensure a full step up in basis for jointly owned property first?
  6. Will those under the federal exemption still owe estate tax to their state government?
  7. When gifting “gap-QTIP” interest income, how can unused exemption amounts be uniquely leveraged?
  8. Which non-tax factors should be considered when estate planning with trusts?
  9. How can someone fulfill the annual requirements for upkeep of their estate plan?
  10. Should digital assets be considered when estate planning?

“For answers to these pertinent questions,” as stated by Beyer, tap into the expertise of John O. McManus on our site here by listening to the conference call recording.

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