McManus & Associates today hosted the June installment of its Educational Focus Series. Over the course of the firm’s 25 years in the field of Estate Planning, we’ve seen all manner of challenges to estate plans. From will contests to litigation, we are always aware of areas where even the slightest degree of risk might reside. Constantly working to protect against this, we are in a perpetual state of research and development to create the most comprehensive, state of the art plans that protect against even the most remote possible risks.
LISTEN HERE: “Top 10 Challenges to Estate Plans”
- Will manipulated by third party and abuse of durable power of attorney. Undue influence by family members resulting in last minute changes to a will.
- Marshaling and valuing for tax purposes, international assets.
- Where has Generation Skipping Tax Exemption been utilized? You may be unaware of the significance of automatic allocation rates.
- Distributions to charities and notifying the attorney general/government agencies.
- Fiduciary’s responsibility to preserve and maintain the estate. (Stock fall in value, sale of home, house broken into, and unclaimed property.
- Significant gifts made during life that affect intended outcome of the estate plan.
- Failure to use a firm familiar with the sophistication of the planning documents to administer the estate. Failure to correctly interpret the documents.
- Personal property disputes after death of a loved one. Fighting in families over whether to sell or keep items to memorialize loved ones. Beneficiaries challenge distributions to surviving spouse from trust.
- Failure to title assets correctly. Joint accounts versus convenience accounts. Revocable Living Trusts not properly funded result in probate issues.
- Are there sufficient liquid assets available to continue to operate family business, preserve the family retreat and pay estate taxes?
We would be happy to answer your questions. Give us a call at 908.898.0100.