Klitzman Law Group, PLLC

Robotic Pets for Alzheimer's Patients

Therapy animals have been used effectively for all kinds of patients, including those with Alzheimer's disease. However, it is not always practical or safe to use real animals with people suffering from dementia. Some care centers are substituting robotic pets.

Alzheimer's disease and other forms of dementia can give patients a deep sense of loneliness. Patients often cannot remember where they are and who the people are around them. This can lead to feelings of being alone.

One way to combat this is with companionship. However, elder caregivers and elder law advocates all know how difficult it can be to get the necessary companionship on a consistent basis.

Therapy animals have sometimes been used. However, even with specially trained dogs and cats, there is still a safety risk for many patients and the animals themselves.

Of course, real animals have to be cared for and fed as well, which takes up caregiving time.

The New York Times in "Therapy Cats for Dementia Patients, Batteries Included" discusses a new trend to use robotic cats.

Robotics have gotten good enough and cheap enough that some commercially available robotic pets could have benefits for patients with dementia.

The article discusses their use in one nursing home where the residents really enjoy the robots. They give a sense of joy and empowerment, even when the patients realize that the robots are not real animals.

There has been no conclusive research proving any long term benefits of robotic pets for people with Alzheimer's. However, the short term benefits are easy to see for those who work with the patients.

Reference: New York Times (Dec. 15, 2016) "Therapy Cats for Dementia Patients, Batteries Included."

Suggested Key Words: Elder Law, Alzheimer's

 

George Michael's Estate

Singer George Michael died suddenly on Christmas Day. He has no children of his own and it is believed that he made arrangements for his several godchildren to inherit vast sums from him.

George Michael died unexpectedly on Christmas Day. He was found dead from heart failure by his boyfriend.  

Michael was known to have given generously to charities throughout his life, but he is believed to still have an estate worth at least £100 million (US$121.8 million).

The details of his estate plan are starting to leak out, according to the Daily Mail in "George Michael's £100M fortune 'will go to his Godchildren': Offspring of his celebrity friends could inherit tens of millions EACH after star died without heirs."

Michael did not have any children, but he was a godparent to some of his friends' children, including those of a former WHAM! bandmate and a former member of the Spice Girls. These godchildren will each inherit a large portion of his estate. He is also believed to have left provisions for his sister and his cousin's children, who are also his godchildren.

More details about George Michael's estate plan are likely to come out in the next few months, as the estate is settled by the courts in the U.K.

Reference: Daily Mail (Dec. 27, 2016) "George Michael's £100M fortune 'will go to his Godchildren': Offspring of his celebrity friends could inherit tens of millions EACH after star died without heirs."

Suggested Key Words: Estate Plan, Heirs

Suing Yourself on Behalf of an Estate

Estate executors and personal representatives have a duty to the estate to pursue any causes of action that the estate might have, but what if that means they have to sue themselves? A case in Utah answers that question.

If a deceased person or the estate of that person has reasonable legal recourse against some other person or entity, then it is ordinarily the duty of the estate's representative to pursue that action in court. However, a recent case in Utah shows how that can lead to interesting results.

A man died in a one-vehicle accident when his common law wife was driving. The wife was the man's sole heir and was named the personal representative of his estate. In that capacity, on behalf of the estate, she filed a lawsuit against herself for wrongful death. Then, in her capacity as an individual and the defendant in the wrongful death case, she moved to dismiss the case on the grounds she could not sue herself.

The trial court dismissed the lawsuit.

The grounds?

Public policy prevents someone from suing themselves.

However, the Utah Supreme Court reversed that and allowed the wrongful death lawsuit to continue.

The Wills, Trusts & Estates Prof Blog discussed this case in "Case Summary on Suing Yourself as Personal Representative for Wrongful Death."

At first glance, this might seem ridiculous and pointless, since the woman is the sole heir. Even if the estate collects money from the lawsuit, it would just go to her. However, there are a couple of things that could be going on here.

Before any heirs receive their inheritances from the estate, any debts of the deceased have to be paid. It could be that the estate cannot cover the man's debts, unless judgment is obtained against the woman.

Another possibility is that the woman had insurance at the time of the accident. In that case, the insurance company might be required to indemnify her if she is held liable for wrongful death.

Thus, the estate would not really be collecting from her. It would be collecting from the insurance company.

Reference: Wills, Trusts & Estates Prof Blog (Dec. 22, 2016) "Case Summary on Suing Yourself as Personal Representative for Wrongful Death"

Suggested Key Words: Estate Administration, Estate Litigation

 

Ali's Family Fight Could Go 15 Rounds

Boxer Muhammad Ali's family is set to have a massive fight over his estate.

It never took much prompting to get Muhammad Ali to claim that he was the greatest fighter of all time. He was a legend for not only the power of his fists and the quickness of his feet, but also for his sharp wit and talking up himself and talking down his opponents.

The controversial and beloved figure passed away last year, after a long struggle with Parkinson's disease.

While Ali can no longer fight, his family still can and it appears they are going to, according to the Daily Mail in "Revealed: Muhammad Ali's widow will receive DOUBLE the $6M inheritance awarded to each of his nine children sparking 'World War Three' between warring relatives."

The heart of the dispute appears to be longstanding animosity between Ali's children and his widow.

The children are upset, even though all nine of them will receive $6 million from their father's estate. They are not happy that the widow will receive twice the amount they will get.

Although the children have often feuded with each other, they have apparently agreed to set those disputes aside for now, until they have their say about their father's widow.

It is not clear exactly what the children plan to do and if they have any grounds to dispute the amount their stepmother was left in Muhammad Ali's will.

Reference: Daily Mail (January 3, 2017) "Revealed: Muhammad Ali's widow will receive DOUBLE the $6M inheritance awarded to each of his nine children sparking 'World War Three' between warring relatives."

Another Aspect of the Estate Tax Debate: Income Inequality?

A new study in the United Kingdom provides an ominous warning about the wealth prospects of younger people.

It seems we’ve been hearing the terms "income inequality" or "wealth inequality" frequently used  in recent years to describe a growing economic trend of wealth concentration among a shrinking segment of the population.

These terms are now commonly used: from the work of economist Thomas Pikkety, to the Occupy Wall Street Movement, to every speech given by Senator Bernie Sanders, and even to the pages of The Economist. While we like to believe that everyone has a fair shot and that hard work is rewarded, a new study out of the United Kingdom raises some doubts.

Recently reported in The Independent article titled "Inherited wealth will decide how rich young people will become, a study warns," the study suggests that due to rising home prices, stagnant wages and diminishing pensions, the wealth of young people will not come from their own hard work. Instead, it will be primarily determined by the inheritances they receive from their parents.

Although this study was conducted in the United Kingdom, many of the same sentiments and perceptions also exist in the U.S.. In the U.K., this is prompting many young people to oppose estate tax cuts or repeal. As one liberal Democrat was quoted as saying, “It cannot be right that the wealthiest families amass vast fortunes, while millions of young people see their incomes fall and home ownership slip out of reach.”

As the new Congress and President Trump undertake discussions about the future of the estate tax here in the U.S., the debate may turn at some point to discussions of income inequality, wealth concentration and the potential social role of estate taxation.

Reference: The Independent (January 5, 2017) "Inherited wealth will decide how rich young people will become, a study warns."

Suggested Key Words: Estate Plan, Inheritance, estate tax, death tax

 

Reasons to Change Your Estate Plan

Whenever you have significant changes in your life, you should change your estate plan. But, what counts as a significant change?

Estate planning attorneys always tell their clients that anytime the client undergoes a significant change in life circumstances, the client should come back to the attorney so the estate plans can be changed to reflect the new circumstances. However, that leaves open the question of what changes are considered significant enough to require immediate change to an estate plan.

While it is impossible to list all of the possible significant changes, Forbes recently listed some common ones in "6 Reasons To Revise Your Estate Plan As Soon As Possible," including:

• If you get divorced, you should change your estate plan to exclude your ex-spouse.
• If you get re-married, then changes need to be made to include your new spouse in your estate plan, especially if you have children from a prior relationship that need to be provided for.
• If you have another child, it is important to change your plan to make sure that the new child is included.
• If you have a serious illness or injury, then your estate plan should be reviewed to make sure you can meet your needs.
• If the tax laws change, consider reviewing your estate plan to determine how the changes could affect your planning.
• If you receive a large inheritance, then you will want to change your estate plan to reflect your new financial circumstances.

Reference: Forbes (January 2, 2017) "6 Reasons To Revise Your Estate Plan As Soon As Possible"

Suggested Key Words: Estate Planning, estate plan review, updating an estate plan, changing your estate plan, when to update your estate plan

 

Will Trump Kill the Estate Tax?

One of the biggest questions concerning estate planning right now, is whether Donald Trump will carry out his campaign promise to eliminate the estate tax and whether or not he should.

The estate tax is a one of those hot button issues over which political parties are sharply divided. While campaigning for the presidency, Donald Trump repeatedly said he would eliminate the tax. His is a position that most Republicans in Congress share. Now that Donald Trump and congressional Republicans have the power to do away with the estate tax, the question becomes whether they will actually do so.

Financial Advisor addressed that question in "Death to the Death Tax?"

“I think there’s a chance he [Trump] will repeal the whole thing,” said tax attorney Martin Shenkman, whose namesake firm in Jersey City, N.J., and New York City focuses on estate and tax planning for high-net-worth individuals, closely held businesses and real estate professionals.

Shenkman also said there’s speculation about abolishing the gift and generation-skipping taxes. He pointed out that, while these taxes do not raise a lot of revenue, they were at one time intended to minimize the wealth-concentration in our country. Whether or not they still serve this social purpose, or should, is up for debate.

With all of this uncertainty, no one can predict the final outcome, but, as Shenkman said, “There’s no reason to stop planning because of this uncertainty, if the end result of the planning is to get assets in a better place than they are now regardless of the tax.”

Reference: Financial Advisor (January 3, 2017) "Death to the Death Tax?"

Suggested Key Words: Estate Tax, Estate Planning, death tax, gift tax, generation skipping tax, GST

Changing the Way We Die

After facing his own mortality, B.J. Miller has made it his life's goal to change the way that people pass away.

When he was a sophomore in college, B.J. Miller went out drinking with friends. On the way to a convenience store at 4 a.m., he decided to climb to the top of a commuter rail car. When he got to the top, he received a massive electrical shock and fell.

He woke up in a hospital a few days later, severely burned and in great pain. Doctors had to amputate both of his legs below the knees and his left arm. Rather than retreating into a permanent shell, Miller went back to school and eventually became a doctor.

Learning from his own near-death experience, Dr. Miller decided to devote his medical career to end-of-life, or palliative care, focusing on the quality of life for the terminally ill and their families.

Dr. Miller eventually became executive director of a small hospice in San Francisco known as the Zen Hospice Project. Once a pioneer, the Zen Hospice is now a role model for a growing effort nationwide to “reclaim death as a human experience instead of primarily a medical one.”

Dr. Miller talks about his experience and his mission in the New York Times Magazine article, "One Man's Quest to Change the Way We Die." The article chronicles the story of one young man’s journey to accept a terminal diagnosis of mesothelioma and how Dr. Miller’s approach helped him, and his family, to achieve some peace with the loss of such a young, promising life. The piece is fairly long, but well worth a read, especially if you or someone you love is dealing with a terminal illness.

Reference: New York Times Magazine (January 3, 2017) "One Man's Quest to Change the Way We Die."

Suggested Key Words: Elder Law, End-Of-Life Care, palliative care, hospice

 

Ask the Chinese If You Need a Will

If you think that you do not need to have a will or other estate plan, then you might want to pay attention to an ongoing crisis in China.

Not too long ago, the Communist Party in China had strict rules about the accumulation of wealth and passing it on to heirs. During the Cultural Revolution, things were very simple. A person could not accumulate wealth at all, so there was nothing to pass on.

This led to most Chinese people not bothering to create wills or estate plans.

However, the Communist Party has since loosened its rules and many Chinese people are now extremely wealthy. Unfortunately, most of them have stuck with the habit of not getting estate plans and that is causing problems.

This was reported recently by USA Today in "Chinese don't have wills -- and now it's a big problem."

The Chinese courts have seen a flood of inheritance disputes that are clogging up their system and slowing down affected business. Families are fighting over this new wealth in the country and even the Communist Party is growing concerned.

It is estimated that only 1% of the country's senior citizens have wills. Even those who do have wills of some sort, cannot avoid issues.

Some 60% of wills challenged in the country are found to be invalid. The Communist Party is now actively encouraging people to get proper wills.

While the problem is not as severe in the U.S., too many people here also do not have wills.

That causes the same issues as the Chinese have.

Make 2017 the year to get your estate plan completed or reviewed.

Reference: USA Today (Jan. 2, 2016) "Chinese don't have wills -- and now it's a big problem."

Suggested Key Words: Estate Plan, Will

Lesser Known Estate Planning Mistakes

Some celebrity estates are discussed endlessly. Everyone hears about the mistakes they made. Other celebrity estate planning mistakes go little noticed, but they can be just as important.

Celebrities are perhaps more aware than anyone else, how the media can sometimes appear to randomly decide to focus on one thing and not something else. Some celebrity marriages or breakups are discussed endlessly, while others are barely mentioned at all. The difference between the two is not always clear.

The same thing happens with celebrity deaths and estates.

The estates of some celebrities are the subject of headline after headline, usually pointing out mistakes that are made. For example, the estates of Robin Williams, Whitney Houston and Michael Jackson are well-known because of the mistakes in estate planning and the family feuds that ensued.

Other celebrity estate plans and their mistakes are not mentioned as often, but they can also be instructive.

Recently, the Lamorinda Weekly mentioned a couple of these lesser known mistakes in "Avoid These Celebrity Mistakes With Your Estate Plan," including:

• Failure to Update - Actor Heath Ledger prepared a comprehensive estate plan that left provisions for his parents and his sisters. However, he never updated his plans after his daughter was born and, as a result, she was not even mentioned in the plans. It did end well, however, with the family putting the bulk of the estate in a trust for her benefit.
• The Hidden Estate Plan - Florence Griffith Joyner also went to the trouble of getting an estate plan. The problem was that she did not tell anyone where to find the plan. No one was ever able to locate her will and the estate was only settled after four years of bitter fighting between her family members.

Regardless of your celebrity status, contact a qualified estate planning attorney to do things right and to avoid unnecessary mistakes.

Reference: Lamorinda Weekly (Dec. 28, 2016) "Avoid These Celebrity Mistakes With Your Estate Plan."

Suggested Key Words: Estate Planning, Wills