You can obtain a credit report on someone who has died by writing to the three big credit bureaus: Equifax, Experian, and Trans Union. Inform them of the death with the decedent's full name, social security number, address, and date of death. Include a copy of the death certificate and your name and relation to the decedent. Ask for a current copy of the decedent's credit report and that a notice such as "Deceased - Do not Issue Credit" be put in the file. You may also want to request that any suspicious activity be reported to you. Send the letter certified mail.

You can also print out a thorough form from the Identiy Theft Resource Center

Dealing with the death of a loved one can be difficult. You don't need the added headaches of identity theft. If we can help with the death of a loved one, call us. We handle probate and trust administration and can assist with the legal process of administering a will or a trust or the probate of an individual without a will.

A fiduciary is an individual who undertakes to act for and on behalf of another in a particular matter. A fiduciary has to perform his duties with the utmost of trust and honesty. A fiduciary is expected to be loyal to the person to whom he owes the duty (the "principal"). He must not put his personal interests before the principal and must not profit from his position as a fiduciary unless the principal consents.

The most common circumstances where a fiduciary is involved in estate planning is when a trustee administers a trust. The trustee is a fiduciary who must administer the trust estate for the benefit of the beneficiaries. If an individual dies with a will, the executor of the will is the fiduciary who administers the will and distributes the estate to the beneficiaries. An estate administered for someone without a will is called an administrator, also a fiduciary. All of these individuals have the duty to act with the utmost of loyalty and impartiality.

Other examples of fiduciaries are conservators and agents acting under a power of attorney or a health care directive.These individuals also have the duty to act in good faith and in the best interests of the principal.

The job of being a fiduciary is a serious one. A fiduciary who breaches his fiduciary duties can be held liable on a number of theories including negligence, fraud, financial elder abuse, even criminal prosecution. You should know what is expected of you so that you can properly perform your fiduciary duties.
If you need help, feel free to contact us.

According to an article in the New York Times talking to your children about your plans before you die can significantly lessen the chance that they will challenge your estate plan after you die. The kids may get angry at the situation but their anger will be directed at you, not at the favored beneficiaries after your death. The article quotes Gerald Le Van, a wealth mediator, who says that the children and grandchildren may not like what you have chosen to do, but at least they can feel like they were informed and hopefully will respect your wishes.Communication can also help relieve the tension between the adult children of a first marriage and the children and/or spouse of the second marriage.

One of the richest men in the nation, Warren Buffet, has provided education for his children and grandchildren but intends to leave his vast estate to charity. His family is well aware of his estate plan.

Two law professors at Michigan State University are advocating e-marriage. Their suggestion arose out of a situation where a Marine Sgt. met a Japanese woman in Japan. She became pregnant and he was sent to Iraq. The two wanted to find a way to get married so they had a proxy marriage (recognized in some states where the couple are not in the same location). Then unfortunately, the Marine was killed in Iraq, causing estate planning issues and immigration problems for his widow and son.

The two law professors propose e-marriage as a convenient and flexible way for couples to marry that are separated by distance. With the help of the Internet couples could get married without being physically present together. There would have to be safeguards against identity fraud and the law professors acknowledge that an e-marriage, depending on state law, may not carry with it the same legal rights as the usual marriage. Obviously many groups see this as an erosion of traditional marriage and would oppose such a plan.

At Pinkerton, Doppelt, & Associates LLP, we handle both estate planning issues and family law. See our family law website for articles about divorce, child support, custody, paternity, pre-nuptial agreements, and other family law issues. Your initial consultation is free for both estate planning and family law.

A study at the State University of Buffalo showed that people with high blood pressure who adopted a dog had lower blood pressure readings in stressful situations than those without a dog. In another study of hypertensive stockbrokers, those who got cats or dogs were found to have lower blood pressure than whose who didn’t.

A study in Australia found that pet owners also have lower cholesterol levels than people without pets.

The National Institute of Health found that people who have pets go to the doctors less than people without pets.

Studies have shown that heart patients who own pets have a better change of long-term survival than patients without pets.

Another study found that men with AIDS were less likely to suffer from depression if they owned a pet.

For older adults, pets help to alleviate stress, depression, and loneliness. Studies have shown that seniors who have a pet go to the doctors less often

Pets are increasingly seen in hospitals, hospices, and nursing homes. Why? Because dogs have a calming effect on people who are ill or old.

At the office of Pinkerton, Doppelt & Associates, we often are asked by clients how they can provide for their pet upon their death or incapacity. Planning for your pet can be done by adding provisions in your trust to leave not only a pet you have at death but also a sum of money to maintain the pet. We can also prepare a pet trust which is enforceable now in California. Our article about estate planning for pets provides more information about your options.

An unusual situation has arisen in the case of Michael Jackson' estate. Joe Jackson, the father of Michael Jackson, is seeking a family allowance in excess of $15,000 per month, claiming that he was dependent on his son for support. Michael did not provide for his father in his will or trust. The father and son had been estranged for years and Michael had stated he did not want his father to receive any part of his estate. Michael apparently was not supporting his father in the sense of writing him checks.

Jackson filed a petition in the Los Angeles Probate Court claiming his only income is $1770 from social security and his expenses exceed $15,000 per month. The Court has already ordered family allowances for Michael's children and mother. An evidentiary hearing will be he held in May, 2010. It will be interesting to see if the LA court orders an allowance on the theory that Michael supported his mother and she apparently gave some of that money to the father. As with many issues surrounding the singer's death, stay tuned.

A video will is created when the testator reads his will or states his wishes in front of a video camera. A video will is not recognized as a valid will in any state. A video will can be helpful where there might arise a question later as to the testator's capacity however it cannot act as a replacement for a written will signed in the presence of witnesses. If it is going to be used, it should be as a helpful addition to your estate plan, not a replacement for a written will or trust. Use of a video will should probably only be done upon the advice of an experienced estate planning lawyer so that it is done correctly and doesn't cause more problems that it solves.

What about an electronic will? Nevada is the only state that recognizes electronic wills. The Nevada statute requires that the electronic will must contain the date and the testator's electronic signature which could be a signature by fax, typing a name at the end of an e-mail, or including a personal identification number. In addition the will must include at least one authentication characteristic of the testator, which could be a digitized signature, voice recognition, fingerprint, retinal scan, or other type of authentication. The statute also requires that the electronic record containing the will be created and stored in a manner such that there is only one authoritative copy of the will in existence.

It will interesting to see if either the video will or the electronic will catch on in this decade. Maybe some things shouldn't go the technology route and estate planning may be one of them.

If Congress does enact an estate tax law sometime in 2010, will it be retroactive to January 1, 2010? Would a retroactive law be constitutional? No doubt there will some decedent who dies between January 1, 2010 and the date of the law who has an estate subject to estate taxes. The heirs or beneficiaries of such an individual would certainly litigate the retroactivity issue.

The uncertainty may cause some people to consider review their existing plans to determine the effect of the repeal in 2010 and the effect of a much lower federal estate tax exemption in 2011. Particularly individuals who have taxable estates and bypass or exemption trusts should get a review of their current trust to see if the repeal would have unintended consequences should they pass away. Many trusts have language referring to the federal estate tax exemption to allocate assets among different beneficiaries. Depending on how the trusts are set up, the repeal of the estate tax entirely could have unintended results such as disinheriting a child from a previous marriage or disinheriting a spouse from a second marriage.

If you have questions about the effect of the estate tax repeal and want to make sure your trust will still do what you intended, call us at Pinkerton, Doppelt & Associates LLP to schedule an appointment.

Some trusts for married couples become irrevocable upon the death of the first spouse. A typical example is an A/B trust, sometimes called a Bypass Trust or Exemption Trust. With this type of trust, the Deceased Spouse's Trust becomes irrevocable after the first death and cannot be changed, amended, or revoked.

Other trusts which can be irrevocable are certain types of charitable trusts and a Qualified Personal Residence Trust (QPRT)There are some instances however, where a trust which is irrevocable can be modified by court order. Civil Code Section 3399 permits a contract (which a trust is) to be reformed when the writing, through mistake or fraud, fails to express the intent of the parties. Reforming a trust might be appropriate when due to a drafting error or scrivener's error, the intent of the individuals creating the trust has not been fulfilled.

Probate Code Section 15409 also permits a trust to be modified if “owing to circumstances not known to the settlor (person creating the trust) and not anticipated by the settlor, the continuation of the trust under its terms would defeat or substantially limit the accomplishment of the purposes of the trust.” The scope of what the court can do is broad. The Probate Court can authorize acts that are forbidden by the terms of the trust or not authorized.

Under Probate Code Section 15403 all beneficiaries of an irrevocable trust can consent to modification or termination of a trust unless the court finds that a material purpose remains for continuance of the trust and that purpose outweighs the arguments for termination or modification. Probate Code Section 15404 is even broader allowing termination or modification of a trust without court order if the settlor and all beneficiaries of the trust consent.

So there are alternatives if you have an irrevocable trust you want to reform, modify, or terminate. We offer a complimentary consultation if you would your irrevocable trust reviewed.

Decisions also have to mde about Medicare. For information on Medicare, see this site which will link you to the Medicare website as well as other sites for Medicare information.

Retirees approaching social security age should also address other issues also such as whether they have their finances in order and on track to provide income after they retire. They should also make sure they have an updated power of attorney for assets and an updated health care directive. These two documents are critical should you become incapacitated.

If you have a revocable living trust, you should have these documents as part of your revocable living trust package but you should review them periodically to be sure they still express your wishes and that you have named someone you trust as your agent. Health care directives should be reviewed to be sure yours contains a HIPAA release. Some of the older directives or powers of attorney for health care do not contain language about HIPAA. Without a HIPAA release, your agent may have difficulty speaking to your doctors or obtaining your medical information.

Pinkerton, Doppelt & Associates has been assisting retirees for years with their estate planning needs. We would be happy to help you with yours.

Regardless of the outcome, the case will probably find its way to the United States Supreme Court. The ruling will lay the groundwork for the highest court to tackle the issue of same sex marriage. The Supreme Court has already gotten involved to the extent of ruling that the trial could not be broadcast on U-Tube.

It will be interesting to see what the District Court rules and how soon the U.S. Supreme Case will hear any appeal. It is doubtful there will be any resolution for couples in California any time soon. Same sex couples with the current uncertain status of the law can have unusual estate planning issues, with or without marriage and with or without children. Pinkerton, Doppelt, & Associates LLP has represented same sex couples with family law issues and estate planning issues. Call us if we can help. Your initial office visit is always complimentary.

1. Young and Single. When you are in your 20's, all you probably need is a Durable Power of Attorney for Finances and an Advance Health Care Directive. Both of these documents are ones you need if you become incapacitated. If you are single, this probably means that you name your parents to make financial decisions if you are unable to and give them the power to make medical decisions for you in the event of a temporary or permanent incapacity. Once you purchase your first home, however, it is time to create a will or a trust as the centerpiece of your estate plan.

2. Newly Married. Upon your marriage, you will probably want to name your spouse as your agent on your durable power of attorney for finances and your advance health care directive. If you haven’t already, you should also create a revocable living trust and name your spouse as the beneficiary of your 401(k), life insurance policies, pension or retirement plans.

3. Married with Children. Once children come into your life, it is time to amend your trust to provide for your minor children should something happen unexpectantly to both spouses. You should make provisions for how your estate would be distributed to them and also nominate guardians to raise them. Beneficiary designations on life insurance policies, pension plans, etc. should also be updated to cover a situation where both parents die simultaneously.

4. The Middle Ages. During these years, your trust should be updated as changes occur in your life such as divorce, additional children, changes in financial situation, inheritances or substantial increase in net worth, or death of a beneficiary or trustee.

5. Retirement. During the retirement years, you may want to add provisions to your trust to make distributions to your grandchildren. You may want to provide for certain charities in your trust and you probably want to decide who should receive certain items of personal property such as jewelry, family heirlooms, or other items of personal property. If your estate is likely to be subject to estate taxes, you should consider reducing the size of your estate through gifting or creating an irrevocable life insurance trust or charitable trust.

Estate planning is not a one time project. Estate planning continues throughout your lifetime. As your life changes, your goals and objectives change which need to be incorporated into your estate plan. For all of life’s stages, call us at Pinkerton, Doppelt, & Associates, LLP if we can help.

Alcor Life Extension Foundation and other cryonics companies store a body in liquid nitrogen at a temperature of minus 196 degrees Celcius in order to preserve the cells and DNA until science enables people to reverse their death. Such a procedure costs upwards of $150,000.

In Tampa Florida recently there was a case of first impression dealing with a similar situation. A 48 year old man who was found dead in his apartment had a medical bracelet on with instructions not to embalm him or to perform an autopsy. Since his death was suspicious, the county medical examiner wanted to perform an autopsy but the autopsy was suspended when a call came from a cryonics company, the same company that houses Ted Williams remains, and requested that the body not be autopsied as that would affect the man’s hopes of someday being brought back to life. Both sides went to court and the judge ruled that the autopsy would be performed and then the body would be released for whatever disposition the family chose. The medical examiner did agree however to try to minimize the dissection of the body to aid in the probability that the body could at some point be restored to life.

Unique wishes like those of this individual should definitely be clearly set out in a health care directive. In the case of Ted Williams, family members were in disagreement as to whether this was something the baseball celebrity really wanted. If you have unusual wishes about the disposition of your remains, services, or such things as embalming, cremation, or burial, be sure you have executed an Advance Health Care Directive that sets forth your wishes. If you don’t have an Advance Health Directive and would like one drafted to set forth your wishes, call us at Pinkerton, Doppelt, & Associates, LLP.

People have many reasons for procrastinating. For some, estate planning causes them to have to think about their deaths, which is uncomfortable. For some, they don’t want to have to make important decisions about who will be their successor trustee or receive their assets. Another reason is that while many people realize the importance of estate planning, they don’t feel the urgency of it.

Estate planning is not just “important”, but it is also “urgent” if:

1. You own a home.
2. You have children under the age of 18.
3. You own a business.
4. You own property out of state.
5. You have assets valued at more than $100,000.
6. You have concerns about who would handle your financial affairs if you were incapacitated.
7. You feel strongly about health care decisions that might be made for you if you were unable to make them for yourself.

This list, as you can see, covers pretty much everyone. If you have questions as to why you need an estate plan such as a will or a trust, contact us. If you have put estate planning on your “To Do List” but it didn’t make it to the top of your list in 2009, put it at the top of your “Urgent To Do List" for 2010. Call us at Pinkerton, Doppelt, & Associates, LLP to schedule your appointment for the new year and have a Happy New Year!!

The sentences did not answer the question of where the $60 million in assets will ultimately go. The judge in sentencing Marshall commented that he wished he had the power to order a different sentence, that the money all go to charity. It will be the probate court in new York that will answer the question of how much Marshall will receive from his mother's estate.

What the case has done is heighten people's awareness of elder abuse. It is estimated that between one and five million elderly people in the United States are the victims of financial elder abuse. Many cases go unrecognized and unprosecuted. We all need to be on the alert to recognize elder abuse in our aging population and protect against what seems to be a growing trend.

Circumstances of elder abuse can arise through a misuse of a power of attorney, changes to wills or trusts, unauthorized withdrawals from elder's accounts, and many other ways. Contact us at Pinkerton, Doppelt, & Associates LLP if we can help with any elder abuse concerns.