ESTATE PLANNING 101 - Should I have a Trust or Will?

An estate plan is always necessary unless you want your estate to pass through “operation of law” which involves the long, uncertain, public and expensive process at your death with a stranger (the courts) deciding who gets everything you leave behind. This process often leads to heartache, delay and additional stress for those you leave behind, especially if they need the assets to sustain the family or if (all too commonly) family members may fight over what you leave behind.

A Simple Will comes into effect at your death, controls the distribution of your assets (who gets what and when), and names who the Executor of your estate, the person you chose to be in charge and carry out your wishes, will be. A Will is the most basic form of estate planning and still requires the estate and its assets to go through the probate process, meaning that there will be an expense and delay in transferring assets at your death. A will is also public, meaning that a record of exactly what you left and to whom is available. In our view, it’s best suited for those with limited and simple assets, few or no heirs, and those with no minor children, dependents or pets that require specific care and guardianship guidance.

A Revocable Living Trust (RLT) on the other hand includes all the elements of a will, is established and can take title to a certain assets during your lifetime when you (and your spouse) can actively manage and change it. The RLT avoids probate, passes assets privately with little or no public record and typically includes a variety of sophisticated estate tax avoidance measures. (This last issue is especially important given that many seasoned estate planners are preparing their clients for an expected estate tax regime that takes 55% of everything a married couple leaves over $2 Million as of January 1, 2011.) The RLT also names and has specific guidelines for the Trustees of your estate, appoints Guardians for your children and dependents and can retain wealth and “sprinkle” income off the principal to your heirs. It allows a countless variety of sophisticated directives including what you want done if you have some sort of incapacitation condition like an illness or mental issue, typically referred to as “living will” and “health care power of attorney” provisions.

If you don’t have an estate plan, or have had substantial changes to your family structure, wealth, children’s guardians, asset structure or gifting plans it’s time to get experienced help.

The basic estate planning tools noted above are only the tip of the iceberg. These are “death planning” tools, and do not protect assets during your life. A wide variety of Asset Protection, estate planning and family wealth management tools are available more easily and cost effectively than you know, call us to discuss your wishes and concerns!

AUTO INSURANCE AND ASSET PROTECTION - HOW MUCH DO YOU NEED?

The results of an auto accident can be financially, physically and emotionally devastating. To help address this issue proactively, (the way any good Asset Protection strategy works) I asked my friend and Arizona attorney Michael Troncellito to give us some pointers. PART ONE of Michael's guidance deals with specific dollar amounts and types of automobile coverage insurance that are necessary to keep you safe in a sea of drivers of various skill, sobriety and legal capacity.

Yours, Ike

GUEST AUTHOR ATTORNEY MICHAEL TRONCELLITO

We all buy insurance because we are required to. Arizona and many other states have financial responsibility laws. Did you buy coverage to protect yourself from others with no or insufficient insurance? Probably not; not many people do. Most roll the dice hoping that the other drivers on the road will be at least as financially responsible as we are. However, the situation is often different than we hoped. We need to protect ourselves from these drivers with different types of insurance coverage.

The three most important types of coverage that I do not see enough accident clients have are:

-Medical Payments Coverage (“Med Pay”);

-Uninsured Motorist Coverage, (“UM”); and

-Under Insured Motorist Coverage (“UIM”).

Med Pay is a type of coverage purchased through your auto policy that will cover medical bills regardless of who is at fault for the accident. You can purchase varying amounts of Med Pay coverage. I recommend at least $5,000.00 worth of coverage to my clients. The premium is reasonable; usually between $85 and $120 per year. If you are not at fault for causing the accident, your premiums for Med Pay coverage will not increase. Use $5,000.00 worth of Med Pay coverage once and it will take the insurance company between 40 and 55 years to recoup that $5,000.00 in payments to you. If you don't have health insurance or have physical/medical conditions that could cause you to sustain greater than average injury you should have even more.

Uninsured Motorist Coverage is, in my professional opinion, an absolute necessity here in Arizona. If someone does not have insurance and causes an accident, you are likely out of luck when it comes to collecting your damages. But, if you have Uninsured Motorist coverage, your medical bills, pain and suffering, and lost income damages suffered as a result of an uninsured driver will be paid. Annual premiums on $100,000.00 per person coverage range from $85 - $185. If you did not cause an accident, your Uninsured Motorist premiums cannot rise simply by virtue of you using this optional and additional coverage.

Under Insured Motorist coverage is just as important as Uninsured Motorist coverage. They both work the same way. The difference is that Under Insured Motorist coverage will kick in and pick up the tab after the other driver’s insurance coverage is exhausted. The premiums are similar to Uninsured Motorist premiums, and the insurance company is prohibited from raising your rates for simply using the additional and optional coverage.

While I am not a fan of insurance companies, I am even less a fan of you not knowing how to protect yourself. If your insurance has not been reviewed lately, you should contact your agent. If your agent hasn’t called you in the last nine (9) months, you should get a new agent. Speak to a professional about these coverage types. If you have no one to speak to, feel free to call me. I can get you in touch with people who may be able to help you.

Our guest author, Michael Troncellito, http://phxinjurylawyer.com/ is an attorney who practices in litigation and personal injury law. He can be reached at mtroncel@cox.net or by calling his firm at 602-548-8595. Coverage limit requirements may be even more onerous for many of our high net worth readers and clients - always use information of this type as a general guide of issues to examine, not legal advice specific to you and your family.

Why Does a creditor protected CASH ALTERNATIVE make sense? Because 60% of AZ banks are vulnerable to FAILURE!

We have been warning advisor partners and clients for some time about the vulnerability of banks across the country and how we feel a little risk spreading is a good idea from both a bank solvency and Asset Protection standpoint.

The first link below is to an article that shows how vulnerable some banks in Arizona are, as just one local example of a national crisis. There have been over 80 bank closings across the country since January 1 of this year and a highly placed banking executive has informed us that the FDIC has basically run out of money twice in the last nine months. The second Link describes one of the solutions we are implementing.


THE PROBLEM:
Report: 60 Percent of Arizona Banks Vulnerable to Failure:http://tinyurl.com/2dcgnp9

And one of the SOLUTIONS: Creditor Protected Alternatives To Cash:http://tinyurl.com/lkwqtv

Please take a look at this and share with anyone you feel it would help. As always, call us for help or with questions.

Yours, Ike