February 25, 2010

Wired Magazine on Disposing of your Online Assets

The March 2010 issue of Wired has an interesting article about companies that deal with your online assets after you die. The article says that the companies:

... keep customers' passwords, usernames, final messages, and so on in a virtual safe-deposit box. After you're gone, these companies carry out last wishes, alert friends, give account access to various designated beneficiaries, and generally parse out and pass on your online assets. Digital remains that are not bequeathed to an inheritor are incinerated, closing the book on PayPal accounts, profiles, even alternate identities....

Here is a link.

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February 24, 2010

Credit Reports

I'm not a financial planner by any stretch of the imagination, but I occasionally come across financial planning tips that might be helpful. So I'm starting a new category of posts, with this one.

Have you seen the commercials for annual credit reports? The ones with the guy who sings a song about how he wishes he'd looked at his credit report before he lost all his cash and got stuck in a dead-end job? Unless you've been in a coma, you probably have. And if you've been paying attention, you know that the commercials offer a "free" report only if you enroll in something (NOT for free) called Triple Advantage, which allegedly monitors your credit for problems.

There's an easier way to get a credit report for free, without any strings. It involves going to this website. You are actually entitled to a free credit report each year from each of the three nationwide credit reporting agencies (Experian, TransUnion, and Equifax), and can get the reports through this site. Maybe you already knew this, but...

The tip I recently got is: go in and order a report (for you, or one for each of you and your spouse) every four months. So...

Today (2/24/2010): order Experian report(s)
6/24/2010: order TransUnion report(s)
10/24/2010: order Equifax report(s)
2/25/2011: order Experian report(s) as the cycle starts again

This way, you can monitor differences between the agencies AND monitor your credit over time. And, of course, it's free. (Let me stress that it's free only in a cash sense -- you still need to spend the time reviewing the reports and making corrections and having "old" or incorrect credit removed).

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February 22, 2010

More on the Astor Trial

I've written a fair amount on the Brooke Astor situation, reviewing the book Mrs. Astor Regrets (here) and talking about the case's conclusion here. But perhaps I was premature. One of the jurors in the case has now come forward to say that she voted to convict because she was afraid for her safety. There are also allegations that the jurors e-mailed each other re. how to portray their deliberations. The New York Times article is here.

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February 15, 2010

Scott Lee Cohen, the Estate Tax, and Traditional Media Failure

Two stories:

1. On February 2nd, a guy named Scott Lee Cohen won the Illinois Democratic primary for lieutenant governor. You probably know the rest -- this guy had a whoooooole bunch of skeletons in his closet. Cohen, under a lot of pressure, resigned after being made the butt of many a joke (and, if possible, making Illinois politics look even more ridiculous than it already did).

2. The Wall Street Journal yesterday published a story entitled "Why No Estate Tax Could Be A Killer." (A link is here.)

Is there a connection between these two stories? Yes, and that connection can be described in six words: THE FAILURE OF THE TRADITIONAL MEDIA.

As much as I make fun of Illinois Democrats over the Cohen affair, the fact is that his history -- steroid use and allegations of violent behavior -- was well-known to the Chicago media. They just chose not to report this history to Illinois voters, because... well... I guess they aren't very good at their jobs.

Ditto with the estate tax and the above WSJ article. Surprise surprise: having no estate tax (but a capital gains tax) will actually make even more estates subject to federal tax at death. You didn't know that? Talk to any estate planning attorney or accountant, and you would. Yet the article acts like this is some big, nasty surprise.

Here's a great quote from the article:

Under last year's law, estates up to $3.5 million, or $7 million for married couples, were exempt from federal tax. This year that law has been replaced by a fiendishly complex levy raising taxes on the assets of those with little as $1.3 million. It will affect the heirs of at least 50,000 U.S. taxpayers who die this year, whereas the old law affected only about 15,000 estates a year, according to the Tax Policy Center.

The article goes on to include this jaw-dropping statement: "This little-understood facet of the current law was enacted as part of a deal brokered in 2001...."

Wait -- so the media has known about this "little-understood facet of the current law" since 2001, but the Wall Street Journal is acting as though it's a huge surprise? On February 13th, 2010? Where has the Wall Street Journal been during the last nine years?

By reference, here's a section from my blog post dated June 3, 2005 on estate tax repeal:

... [I]f the death figures for 2010 are the same as in 2009, then we're trading an estate tax in 7,500 estates for a potential capital gains tax in the 56,300+ estates worth more than $1.3 million. The main question: How many of those 56,300+ estates will incur a capital gains "problem" (either a tax, or the need to expend substantial resources to compute the basis of inherited assets)?

Gosh, what an interesting question... for 2005. But again I ask, where was the Wall Street Journal and the rest of the traditional media?

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February 10, 2010

More Probate Litigation -- Because of the Recession?

Is it the bad economy, or something else? It seems like I've had a lot of clients walk through my door of late, presenting the same scenario:

-Parent died

-One sibling "took over" the probate (either because they were named in the Will as executor, or just because they took the initiative)

-That sibling isn't doing his or her job

By "isn't doing his or her job," I mean that the sibling is not carrying out the fiduciary duties associated with administering an estate. Things like:

1. Failing to give the other beneficiaries an inventory of the decedent's property.

2. Failing to give updates about the status of the estate (is property being sold? are bills being paid?).

3. Self-dealing ("$1 for the estate, $1 for me").

This Detroit Free Press article presents a similar Michigan case that's a cautionary tale. In that case, the parent is still living, but suffering from dementia. She put two of her daughters as co-owners on her bank accounts, to help her pay her bills. But the daughters allegedly looted the estate for almost $800,000.

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February 1, 2010

A Little Advice For Young Attorneys

I was recently asked by a 3rd year law student for some advice on how to succeed upon graduation. Basically, what I told her can be summed up in three words: "find your niche."

I realize that this isn't a revolutionary idea, but I think too many young attorneys don't realize the importance of marketing yourself. What unique thing do YOU as a young attorney bring to the table? It can't just be intelligence and hard work -- most attorneys have those qualities.

So how do you find your niche? The easiest way is through your existing connections. If you're married to a doctor, and hang out with him and his other doctor friends, then consider areas of the law that would allow you to make medical professionals your client base.

Of course, not everyone has existing connections. In that case, you need to try to find something to level the playing field. In my experience, one thing that works well is becoming an expert with respect to some new development in the law. That's a big benefit because, with new developments, you are not at a disadvantage in terms of experience. When a new law passes or a new case comes down, you as a first year associate may know just as much about it as a partner who's been practicing for 30 years. Three examples:

1. Read and summarize the new Citizens United Supreme Court case, and write an article for your local paper about what it REALLY means.

2. Your state is legalizing marijuana for medicinal purposes. Totally familiarize yourself with all of the rules and regulations relating to setting up a marijuana dispensary, and advertise yourself as someone who can help clients "get legal."

3. Learn the ins and outs of the Trouble Asset Relief Program (TARP), so you can speak at seminars on the topic.

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