It’s National Estate Planning Week and while it doesn’t involve costumes or gourds full of candy, celebrating can still be fun. Which brings us to these examples of “unique” (i.e. over the top, kooky, crazy, or weird) estate plan provisions of the rich and famous. In the past we’ve highlighted the unfortunate circumstances of celebrities who died without a valid estate plan dictating to whom they want their assets to go. The lesson there? Don’t leave it up to others what should happen with your property!
Today’s lesson? Your estate plan is unique and you can employ different planning strategies and tools to make whatever (legal) requests and bequests about your estate you wish…even if they’re a little different.
Famous magician Houdini conducted séances during his life and wanted his wife, Bess, to continue the practice upon his own death. A clause in Houdini’s (otherwise “normal”) will requested his wife conduct an annual “session” with the afterlife. Houdini had his wife memorize a secret “code” that he thought would use identification to prove communication from the “other side.” She honored the request for 10 years on Halloween, the anniversary of her husband’s death.
Oprah, Media Mogul
Oprah is the living (thank goodness, let’s not imagine a world without Oprah in it) spokesperson of the benefits of an animal care trust! Reportedly, Oprah has established a trust funded with $30 million for her pet dogs, so that they will continue to have a high level of treatment and care. Sure, a cool $30 mil is more than you or I will ever see in our lifetimes, but compared to Oprah’s total estate it’s just a drop in the bucket. Plus, she plans to give the bulk of her $3 billion estate to charitable causes! “When I’m gone, everything that I have is going to go to charity because I don’t have children. And I believe that that’s what you should do,” she said. “To whom much is given, much should be given back.”
The infamous Joplin tragically passed at the age of 27 in 1970 from a drug overdose. Joplin carried her nonstop party spirit into her will where she left behind $2,500 (which is like the 2018 equivalent of $16,000) for her best friends to have a rocking wake party. A few weeks after her death, the party was indeed thrown in California.
Franklin devised a picture frame to his daughter containing more than 400 diamonds. He left the frame (and thus the gems) to his daughter Sarah under the express provision that she “not engage the expensive, vain and useless pastime of wearing jewels.” He apparently didn’t want her to remove the diamonds from the frame…apparently the request was not honored.
Just like these interesting wills, your estate plan is entirely your own. You can elect to pass your assets on to whomever you wish including your pets, kids, and favorite charities. But, you can’t record these requests until you execute an estate plan! (Remember, a will is one of the multiple documents found in an estate plan.) Get started with my free Estate Plan Questionnaire and contact me for a free consult!
I would love to help you check these items off your list. If you want to get started, download my Estate Plan Questionnaire. Or, you can contact me to discuss your individual situation and what estate planning provisions make the most sense for you!
It’s National Estate Planning Week (I know you’re as excited about it as we are!) which is a good excuse to bring up a hypothetical scenario: what happens, in terms of estate planning, if either the buyer or seller in a sale of real estate (like a house or land) dies before the closing?
It’s a situation that is fairly improbable, but it can and does happen. Plus, it’s good to explore just in case you ever find yourself dealing with this as the executor of a loved one’s estate.
Let’s say that you’re buying a house and you’ve already executed the contract (a purchase agreement) with the seller. Before the closing date, the seller passed away. What happens to the property? How does it fit into the seller’s estate plan? What is the executor responsible for? It’s easy to see how this can be a complicated conundrum.
At this point, after the purchase agreement is drawn up and before the closing, you as the buyer hold an equitable title in the real property (the house). Equitable title is legal parlance meaning here that the buyer has a right to obtain full ownership of a property (or property interest). Equitable title comes with certain rights. For example, the seller can’t sell the property to a third party or subject the property to an encumbrance or a lien that would interfere with the buyer’s property interest.
Legal title, in comparison, is actual ownership of the land. In the period between the sale agreement and the closing, the seller holds the legal title to the property being sold. Legal title transfers to the buyer when the final payment is made (typically this is done at the closing or through an escrow process when the buyer receives the property deed in exchange for the payments made).
Like our hypothetical, if the seller dies during this point in the sales process this legal title in the property is a part of the seller’s estate. That means the seller’s estate can still sell the property (and is contracted to do so), collect the profit from the sale, and then disperse the profits as part of the decedent’s total gross estate to the beneficiaries.
The seller’s heirs-at-law and/or estate plan beneficiaries may have expected to inherit the house. But, if the seller entered into a valid contract for sale before they died, the estate’s executor is bound to honor the contract.
Note that sometimes there are required waiting periods where the executor must wait before executing documents for the estate (such as the sale of real estate). So, as the buyer, you can anticipate a reasonable time delay (think 30 days) compared to the schedule set out in the purchase agreement.
Of course, there are many rules of real estate and contract law that come into play, but in terms of property and how it plays into the estate planning process, these are the basics!
Enlist an Estate Planning Attorney to Help Everything Run Smoothly
If you do find yourself in the position of being the executor of a seller’s estate and that seller died in the midst of a real estate sale, don’t hesitate to enlist the expertise of an estate planner to help guide you how to best accommodate and fulfill your fiduciary duties.
On a related point, if you sell your house or purchase a new property, it may necessitate updates to your estate plan! Review your plan and then schedule a free consult to ensure all of your assets are properly accounted for in your plan.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2018/10/Screen-Shot-2018-10-20-at-3.33.49-PM.png686997Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2019-10-22 15:35:372020-05-18 11:28:42Estate Planning Scenario: Death During Real Estate Sale
5 Celebrities With Crazy Estate Plan Provisions
Estates & Estate Planning, Wills, Trusts & EstatesIt’s National Estate Planning Week and while it doesn’t involve costumes or gourds full of candy, celebrating can still be fun. Which brings us to these examples of “unique” (i.e. over the top, kooky, crazy, or weird) estate plan provisions of the rich and famous. In the past we’ve highlighted the unfortunate circumstances of celebrities who died without a valid estate plan dictating to whom they want their assets to go. The lesson there? Don’t leave it up to others what should happen with your property!
Today’s lesson? Your estate plan is unique and you can employ different planning strategies and tools to make whatever (legal) requests and bequests about your estate you wish…even if they’re a little different.
Gene Roddenberry, Creator of Star Trek
Roddenberry created the original Star Trek television series and was obsessed with space. So, it was actually fitting he requested a celestial burial. He passed away in 1991 and his request for a disposition of his final remains in deep space was fulfilled in 1997. Roddenberry was cremated and a part of his remains was put on a rocket and launched into orbit. His wife Majel, who played Christine Chapel in the original Star Trek and died in 2008, also elected for a space burial with the same company (Celetis).
Harry Houdini, Magician
Famous magician Houdini conducted séances during his life and wanted his wife, Bess, to continue the practice upon his own death. A clause in Houdini’s (otherwise “normal”) will requested his wife conduct an annual “session” with the afterlife. Houdini had his wife memorize a secret “code” that he thought would use identification to prove communication from the “other side.” She honored the request for 10 years on Halloween, the anniversary of her husband’s death.
Oprah, Media Mogul
Oprah is the living (thank goodness, let’s not imagine a world without Oprah in it) spokesperson of the benefits of an animal care trust! Reportedly, Oprah has established a trust funded with $30 million for her pet dogs, so that they will continue to have a high level of treatment and care. Sure, a cool $30 mil is more than you or I will ever see in our lifetimes, but compared to Oprah’s total estate it’s just a drop in the bucket. Plus, she plans to give the bulk of her $3 billion estate to charitable causes! “When I’m gone, everything that I have is going to go to charity because I don’t have children. And I believe that that’s what you should do,” she said. “To whom much is given, much should be given back.”
Janis Joplin, Rock Singer-Songwriter
The infamous Joplin tragically passed at the age of 27 in 1970 from a drug overdose. Joplin carried her nonstop party spirit into her will where she left behind $2,500 (which is like the 2018 equivalent of $16,000) for her best friends to have a rocking wake party. A few weeks after her death, the party was indeed thrown in California.
Adam Yauch, Singer, Beastie Boys Co-Founder
The talented artist’s will set the record straight for the future of his music. He provided limitations in the use of his likeness and his music with the provision: “in no event may my image or name or any music or any artistic property created by me be used for advertising purposes.” (Whether or not this request is enforceable, regarding a legal difference between publicity rights and copyrights is whole other story.)
William Randolf Hearst, Publisher
Apparently there were rumors circulating that the publishing powerhouse/politician who died in 1951 had fathered illegitimate children. He unequivocally denied this even in his last will and testament, offering anyone who could prove such would inherit $1: “that he or she is a child of mine . . . the sum of one dollar. I hereby declare that any such asserted claim . . . would be utterly false.” No claims came forward alleging paternity, so there must have been something true behind the provision!
Benjamin Franklin, Founding Father/Politician
Franklin devised a picture frame to his daughter containing more than 400 diamonds. He left the frame (and thus the gems) to his daughter Sarah under the express provision that she “not engage the expensive, vain and useless pastime of wearing jewels.” He apparently didn’t want her to remove the diamonds from the frame…apparently the request was not honored.
Just like these interesting wills, your estate plan is entirely your own. You can elect to pass your assets on to whomever you wish including your pets, kids, and favorite charities. But, you can’t record these requests until you execute an estate plan! (Remember, a will is one of the multiple documents found in an estate plan.) Get started with my free Estate Plan Questionnaire and contact me for a free consult!
Ultimate Estate Planning Checklist
Estates & Estate Planning, Wills, Trusts & EstatesIt’s National Estate Planning Awareness Week! In an effort to break down the barriers, myths, and excuses surrounding estate planning, I’ve created this handy dandy ultimate estate planning checklist. It runs down just about everything you need in terms of a comprehensive, quality estate plan including the six major documents, reviewing beneficiary designations, considering if a trust is applicable to you, and discussing your estate plan with your loved ones.
I would love to help you check these items off your list. If you want to get started, download my Estate Plan Questionnaire. Or, you can contact me to discuss your individual situation and what estate planning provisions make the most sense for you!
Estate Planning Scenario: Death During Real Estate Sale
Estates & Estate Planning, Wills, Trusts & EstatesIt’s National Estate Planning Week (I know you’re as excited about it as we are!) which is a good excuse to bring up a hypothetical scenario: what happens, in terms of estate planning, if either the buyer or seller in a sale of real estate (like a house or land) dies before the closing?
It’s a situation that is fairly improbable, but it can and does happen. Plus, it’s good to explore just in case you ever find yourself dealing with this as the executor of a loved one’s estate.
Let’s say that you’re buying a house and you’ve already executed the contract (a purchase agreement) with the seller. Before the closing date, the seller passed away. What happens to the property? How does it fit into the seller’s estate plan? What is the executor responsible for? It’s easy to see how this can be a complicated conundrum.
Equitable and Legal Title
At this point, after the purchase agreement is drawn up and before the closing, you as the buyer hold an equitable title in the real property (the house). Equitable title is legal parlance meaning here that the buyer has a right to obtain full ownership of a property (or property interest). Equitable title comes with certain rights. For example, the seller can’t sell the property to a third party or subject the property to an encumbrance or a lien that would interfere with the buyer’s property interest.
Legal title, in comparison, is actual ownership of the land. In the period between the sale agreement and the closing, the seller holds the legal title to the property being sold. Legal title transfers to the buyer when the final payment is made (typically this is done at the closing or through an escrow process when the buyer receives the property deed in exchange for the payments made).
Like our hypothetical, if the seller dies during this point in the sales process this legal title in the property is a part of the seller’s estate. That means the seller’s estate can still sell the property (and is contracted to do so), collect the profit from the sale, and then disperse the profits as part of the decedent’s total gross estate to the beneficiaries.
What About the Seller’s Heirs?
The seller’s heirs-at-law and/or estate plan beneficiaries may have expected to inherit the house. But, if the seller entered into a valid contract for sale before they died, the estate’s executor is bound to honor the contract.
Note that sometimes there are required waiting periods where the executor must wait before executing documents for the estate (such as the sale of real estate). So, as the buyer, you can anticipate a reasonable time delay (think 30 days) compared to the schedule set out in the purchase agreement.
Of course, there are many rules of real estate and contract law that come into play, but in terms of property and how it plays into the estate planning process, these are the basics!
Enlist an Estate Planning Attorney to Help Everything Run Smoothly
If you do find yourself in the position of being the executor of a seller’s estate and that seller died in the midst of a real estate sale, don’t hesitate to enlist the expertise of an estate planner to help guide you how to best accommodate and fulfill your fiduciary duties.
On a related point, if you sell your house or purchase a new property, it may necessitate updates to your estate plan! Review your plan and then schedule a free consult to ensure all of your assets are properly accounted for in your plan.
Any questions about your specific estate planning situation? Contact GFLF at gordon@gordonfischerlawfirm.com or by phone,515-371-6077.