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Buffalo Estate Planning Law Blog

Whitney Houston may offer estate planning example for NY business owners

If anyone here in Buffalo is mourning the death of singer Whitney Houston, he or she is not alone. News of Houston's Feb. 12 death has sparked a renewed interest in her work. Sales of a greatest-hits compilation have soared on iTunes and her signature song "I Will Always Love You" sold 195,000 copies after her death, up from only 3,000 the week before.

But now that Houston is no longer with us, where will all the money from those sales go, since she is not here to receive it?

A "pet trust" may be the right estate planning move for New York animal lovers

Lots of people in New York have a pet that they really love. It is a concern for many, then, what will happen to the pet after they die.

Since they are not people, pets cannot inherit anything directly. That means if you were to leave Fluffy, say, $50,000 in your will, a court would declare that bequest invalid.

Clever or craven? Multi-millionaire tires to use trust to dodge wrongful death judgment

Here is something Buffalo readers are not going to read about every day. A Florida polo club founder has adopted his adult girlfriend so that she could have access to several hundred million dollars in a trust set up for the man's children.

It might seem strange, but from a strictly tactical standpoint, it may be a good idea. The maneuver means that the girlfriend (and, perhaps by extension, the man himself) would have access to the trust, into which the man can put assets and thereby shield them from being used to satisfy a judgment against him in a pending wrongful death suit. Of course, life isn't always just "strictly tactical." After you finish the story and learn about all the details, you may decide you feel this was an underhanded misuse of our body of wills, estates and trust law.

Steig Larsson's latest mystery; who gets his $40 million?

Many Buffalo readers have been enthralled by Swedish author Steig Larsson's Millennium Trilogy, which includes his novel "The Girl With the Dragon Tattoo," and its subsequent movie adaptation, for which Rooney Mara recently received an Oscar nomination.

Believe it or not, there is a wills, estates and trusts lesson to be learned here. Larsson was 50 when he died unexpectedly of a heart attack. He left behind a live-in girlfriend who unfortunately was not automatically in line to inherit anything, since the two never wed.

Back to basics: Important things to think about before starting estate planning

As we have pointed out before, the time for Buffalo residents to get going with estate planning is today, not tomorrow. We don't mean to put pressure on you, since we all have things going on in our lives, but it's just a fact that incidents that will make estate planning steps worth it can happen at any time. We do not like to think about that, but it is true.

That being said, where does one even begin estate planning? Step One is not as easy to find as one might think. Of course, making an appointment with an estate planning attorney is a great idea, but if you walk into that attorney's office without doing any sort of preparation, you may find yourself walking out with way more to consider than you thought.

Why estate planning should be everyone's concern

Most Buffalo residents probably think that estate planning is something only senior citizens needs to think about, or that it is only the domain of the very wealthy. The fact is, neither of those things is true.

First, "estate" may not mean what you might think it does. There is no monetary constraint to the concept of an estate. Even if you're fresh out of college and have a junker car and $200 in your savings account, you have an estate. All states have sort of a default plan for people who die intestate (which is to say, without a will), but this plan may not match up with your wishes. It would not be a bad idea to find out how New York handles estates of people who die intestate and then think about whether you are comfortable with that or whether you would like your own customized plan.

New Year's is a good time to do an estate planning checkup

By now, Buffalo readers have swept up the confetti from the New Year's Eve parties, washed the champagne flutes and apologized to the neighbors for all the racket on the night of Dec. 31. But there is one more task they should try to check off, according to personal finance experts -- a quick update of estate plans.

One personal finance expert identified four things to keep in mind when you are making estate plans

Family squabbles over trust worth tens of millions of dollars

Foppiano Vineyards is a California winery that produces a well-regarded petit syrah. Unfortunately, the vineyard has fallen on hard times as the family members have fought over control of the family trust, which is worth somewhere in the tens of millions of dollars. Their story provides a good example of why Buffalo residents should make sure they select their trustees carefully.

The story starts in 2009 when Louis J. Foppiano, who is now 101 years old, named his children Susan and Louis co-trustees of the trust in which he stashed the family fortune.

When does an estate executor deserve a raise?

Executors of an estate may be entitled to some sort of compensation, but generally speaking, it typically isn't much. There is the fear that if an executor takes home too nice a paycheck for his or her duties in administering an estate, it will look like he or she is taking advantage of his position.

However, if an estate is very large or hard to manage, most people in Buffalo and elsewhere would probably agree it is fair to give an executor a raise from time to time, particularly if he or she has done a lot to keep the estate shipshape. That's what happened in the case of the estate of the recently deceased pop star Michael Jackson. A judge recently said it would be okay for the executors of his estate to take home a little more for their efforts.

There's a new fat cat in town: Kitty "inherits" $13.3 million

Tomasso is one lucky kitty.

The four-year-old Italian cat, who started life as a stray, is believed to have become the world's richest feline after "inheriting" $13.3 million from his recently deceased 94-year-old owner's estate.

We say "inheriting" because under Italian law, pets cannot inherit assets directly. American law, including the law in New York, is exactly the same in that regard. Since pets are not human beings, they are not capable of receiving assets by bequest.

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Robshaw & Voelkl, P.C.
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Buffalo, NY 14221
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