Showing posts with label Legacy Planning. Show all posts
Showing posts with label Legacy Planning. Show all posts

Legacy Wisdom ~ Sheree Bykofsky

>> Tuesday, January 17, 2012

"No amount of external validation can force an unhappy person to be happy.  By the same token, if you choose to follow your own path, and create your own criteria for happiness, no amount of external adversity can "force" you to become unhappy." ~ Sheree Bykofsky - "Me Five Years From Now"

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Robert Elmer Holmes is Turning 80!

>> Monday, May 3, 2010


My maternal grandfather, (my mom's dad), will be turning 80 on June 5th with a big celebration scheduled in Philadelphia. I am very excited and just solidified my travel plans. Pop Pop, as I call him, is one of the major motivations in my interests in legacy and legacy development.

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Why Should I Worry About Legacy & Estate Planning I am Young and/or I Don't Have Many Assets?

>> Friday, September 11, 2009


Two common excuses for not instituting legacy and estate plans are "I don't have enough assets" and "I am too young to die or become incapacitated." These are misconceptions that can be attributed to a lack of understanding of consequences of failing to plan and a disinclincation to recognize that some day we all transition. No matter what your age or your assets you have learned life lessons and experienced a
unique life story that shaoes and defines your journey. For this reason, we all have a pricesless, one of a kind asset that should be captured and preserved for our next generations. One format that this priceless asset can be manifested in is through the drafting of a Personal Legacy Statement. There are also many reasons why estate planning is particularly important when assets are limited.

Legacy & Estate planning for even modest estates is important because of inflation. This is easily demonstrated through the use of the Rule of 72, which holds tha
t 72 divided by the inflation rate equals the number of years it will take to double the size of an estate. For example, if the inflation rate is 5 percent, the rule says that the value of an estate will double every 14.4 years just because of inflation! An easy way to understand how this happens is to think about how much you paid for your home as compared to the original cost of your parents' homes. Inflation is a certainty of life which will continue to apply even when one chooses to ignore its presence. The Rule of 72 does not account for the possibilite
s of the assets growing in excess of the inflation rate. The point is that the value of your life insurance and your house, along with any other assets that you may have or acquire, can be significant, especially over the time of several generations.

The second reason why Legacy and Estate planning is important is becuase, according to morbidity tables, the chance of your becoming incapacitated or disabled in the next year is significantly higher than your chances of dying during the same time. The absence of a properly implemented plan necessitates a formal legal guardianship and conservatorship proceeding that involves court costs and the expense of an attorney in a process that u
ltimately ties up your assets for a time as well.

In a guardianship and conservativeship preceeding a court will seek to protect the assets of an incapacitated person, so it requires annual accounting reports justifying the use of assets. Depending upon state law, court permission might be required for the sale of major assets. A performance bond might also be required. The cost of guardianship and conservatorship proceedings far exceeds that cost of an proper plan even for young people or those with small estates.

In the abscence of a properly drafted estate plan, state law determines how assets will be distributed at your death. In states where property is generally owned by married couples in the form of tenancy by the entirety or joint tenanc
y with right of survivorship, the jointly held property will pass automatically to the surviving joint tenant by operation of law. This may inadvertently create federal estate tax problems when your spouse dies which could deprive your children and heirs of a portion of their inheritence.

In states where real propert is held by spouses as tenants in common, the absence of a written and properly executed plan results in the assets of the deceased spouse passing to the children, with the surving spouse receiving only a partial share.


If the children are minors, they cannot hold property in their own names and a formal guardianship proceeding is necessary for the court to appoint the surving spouse as the guardian. An expensive performance bond may also be required. Since a parent has the obligation to support the children, courts generally do not premit the parent to use the children's assets for their suppurt unless the parent is destitute. A further complication is that the surviving spouse may be unable to handle the present house payments and desire to sell the home. With the children owning part of the equity of the home and portions of the deceased spouse's other assets, the surviving spouse may not have access to those funds to purchase a new home.

Thus, even though a person is young and has few assets now, the extra cost and lost time and control given up the results of failing to plan can be substantial.

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Your Legacy & Web 2.0 Technology

>> Friday, July 17, 2009

Here is a short 4 minute video which demonstrates how a person's school career can be memorialized using web 2.0 technologies, specifically YouTube, facebook and an email distribution chain. Take a look and see what ideas come to mind. We'd would love to hear what creative ideas are generated.

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Introducing the Four Building Blocks of a Legacy Plan

>> Friday, December 19, 2008

I thought about where we should begin our discussion on Legacy Planning and I determined that a quick introduction to the Four Building Blocks was the best way to go. Here they are:

#1 - Personal Mission Statement - guides your daily and major life decisions;

#2 - Strategic Life Plan - puts purpose and direction with quantifiable goals and objectives tied to your personal mission;

#3 - Personal Legacy Statement - captures the most valued life lessons and experiences for future generations benefit; and,

#4 - Family Mission Statement - steers the family toward a unified course and mission capitalizing on the strength, richness and diversity of the whole as opposed to the one.

These are the four basic building blocks. I will come back to each in detail at a later point in time, stay tuned...

L.I.F.E.,

Don West, Jr.

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Preparing for One-Ninety-One Club Event

>> Tuesday, October 28, 2008


Find more videos like this on DonWestJr-theCommunity

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Who needs Legacy & Estate Planning

>> Monday, June 23, 2008


Contrary to popular belief, Legacy & Estate Planning isn't just for millionaires - it's for anyone who cares about what happens to their assets after they pass or who desires to leave a record for future generations to be able to access.

That said, Legacy & Estate Planning is particularly important for people in a number of basic life situations:

Married Couples: Each spouse must have a separate will. Joint wills can create legal issues if you both pass within a few weeks or months of each other.

Divorced Couples: Make sure your assets go to the "right" people, especially if you'd prefer that they not go to your former spouse's new partner and his or her children. To protect your own children, you may need to establish a trust.

Business Owners: Create a succession plan that specifies what should happen to your business, or your equity in the business, if you become incapacitated or pass away. Be sure that the business has enough cash on hand to survive the transition to new ownership.

Future Millionaires: Currently, the estate tax provides an exemption for estates valued at $2 million or less (it will rise to $3.5 million in 2009). This exemption has historically been $1 million and will most likely revert to that level in the year 2011. As a general guideline, if your estate currently totals $1 million or more - or has a strong prospect of exceeding $1 million in value during your lifetime - you should establish trusts to protect assets you may have beyond the $1 million benchmark.

(Special note: Many people are not aware that life insurance proceeds are included in your taxable gross estate and should be included when calculating potential estate tax liabilities.)

Professional Athletes: The unique demands and rewards of excelling as a professional athlete create unique needs and opportunities for both estate and legacy planning. Most sports stars understand the necessity to protect their hard earned dollars, but often fail to receive proper advice and counsel from those charged with directing their affairs. From issues of caring for your family and loved ones to handling the affairs of off-the-field ventures and charitable foundations require the consultation of expert counsel.

Entertainers & Artists: Those who hold valuable intellectual property rights, (copyrights, trademarks, etc.), or derive income from royalty payments need to consider special plans to deal with these unique issues.

SOURCE:
We offer many thanks to the talented hand of Robert Weber whose work was originally published in The New Yorker August 16, 1999.


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Legacy & Estate Planning Basics

>> Thursday, April 3, 2008


Legacy and estate planning can be combined to guide and direct future generations while also helping you preserve your hard-earned assets and ensure that they go where you want them to go after you pass on.


By purposefully plotting your generational impact you can save your family and heirs considerable time, expense and potential grief by eliminating uncertainty about inheritance.

In the legacy planning process a you are given an opportunity to teach and offer hard-earned life experiences that helped shape your life and guide your destiny. The old saying, “If you give a person a fish you feed them for a day, but if you teach a person to fish they can eat for a lifetime,” is a common theme drawn upon daily by many successful clients who worry about the well being and preparedness of their future generations.


Seventy percent of Americans do not have a will. Unless you would like to donate your estate to Uncle Sam, it is time to join the thirty percent who do. Though writing a will may not be fun to think about, a little foresight now will save your heirs and loved ones enormous hassles down the road. In this series on legacy and estate planning you will learn to:

  • Understand the basics of wills, trusts, probate, legacy statements, charitable giving, and more.
  • Set up power of attorney, a living will, and long-term care arrangements
  • Minimize the impact of estate and inheritance taxes on your heirs

Warren Buffet has drawn much attention and praise for his comments regarding his own children’s inheritance, “"The perfect amount of money to leave children is enough money so that they would feel they could do anything, but not so much that they could do nothing."

This attitude has been embraced by young professionals and baby boomers alike as well as the middle class. Only by planning your estate now can you be sure that all your wishes will be known and respected when you pass away.


Download this article as a PDF

Next Article - What is Legacy Planning? - Coming Soon
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Below is an associated Power Point presentation on Legacy & Estate Planning Basics to supplement the above article:

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Learn more about the Axis How to Do It Series



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Establishing Your Legacy - Beyond an Inheritence

>> Sunday, March 30, 2008



Many people have begun to seek a greater purpose to their lives and their generational impact into the future.


This realization has led to a shift in recent times where both wealthy and Middle Class Americans are more and more shifting away from providing their children with as much of an inheritance as possible, and focusing on establishing the meaning of their life's work and its resulting wealth and passing on values as well as assets.


Below is an excellent New York Times article on the subject:


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Giving the Gift of Legacy

>> Friday, February 1, 2008

Have you ever stopped to wonder what gift your children or grandchildren would most value from you long after you are gone? The answer may be simply your story. Nothing could be more priceless to a child than to read and reflect on words of a loved one, drafted to transmit a three-dimensional perspective in a two-dimensional note. Not everyone can pass along a financial legacy, but everybody can transmit some of the richness of life by creating a Legacy Statement.

A Legacy Statement is a lovely ancient custom, one that is unfortunately not sufficiently known in our time. Typically, parents would write a letter to their children, in which, they would try to sum up all that they had learned in life, and, in which they would try to express what they wanted most for and from their children. They would leave these letters behind because they believed that the wisdom they had acquired was just as much a part of the legacy they wanted to leave their children as were all the material possessions.

The first Legacy Statements are found in the Bible. Jacob gathers his children around his bedside and tries to tell them the way in which they should live after he is gone. And Moses makes a farewell address, chastising, prophesying, and instructing his people before he dies. David prepares Solomon before he goes to his eternal rest by warning him whom to be wary of when he becomes king, and by asking him to complete the task he had begun and was unable to complete.

A Legacy Statement, also called an Ethical Will, is not unlike the stories recorded for Superman by his loving parents - offering guidance and wisdom on life's situations far after they were available to offer such counsel personally. You are much richer than the sum of your material assets, yet your legal and financial papers address will only address the question, "What do I want my loved ones to have?" Your Legacy Statement addresses: "What do I want them to know?" A Legacy Statement is not a legal document; rather, it compliments your legal documents. Perhaps you are in a situation where you need to draft your legal documents and a Legacy Statement to protect the ones you love. If you have any questions call our office and we will assist you.

You work very diligently to achieve successes, large and small, you should devote the same attention to leave all of the things you value to those you love.

* The value of your story in your words.
* The value of your insights.
* The thoughts and methods employed in developing your planning and distributions.
* The value of your love and feelings for those dear to you.

A personal legacy statement can capture all if these treasures and pass them on to the next generations.

Legacy Statements may be one of the most cherished and meaningful gifts you can leave to your family and community. But a Legacy Statement is not an easy thing to write. In doing so, one confronts oneself. One must look inward to see what are the essential truths one has learned in a lifetime, face up to one's failures, and consider what are the things that really count. Thus an individual learns a great deal about himself or herself when writing an Legacy Statement. If you had time to write just one letter, to whom would it be addressed? What would it say? What would you leave out? Would you chastise and rebuke? Would you thank, forgive, or seek to instruct?

Conversely, a Legacy Statement is not an easy thing to read. There is a sense of being a voyeur, of eavesdropping on an intimate conversation, of reading a love letter from the beyond. Those who read these documents should do so with reverence and with gratitude. The words of those we have loved can be powerful reminders and create unforeseen emotional reactions. A wise reader will consume the information as an adult engage in mature conversation with another adult. The sum total of one's earthly existence can prove completely invaluable to many future generations.

What should a Legacy Statement contain?

The contents will vary from person to person, but here are some starting points:

* Your beliefs and opinions
* Important events in your life
* Things you did to act on your values
* Something you learned from your grandparents, parents, siblings, spouse and/or children
* Something you learned from personal experience
* Something you are grateful for
* Your hopes for the future

If you are willing to make the effort and invest your time in a priceless gift, your energy and effort should be valued by generations to come. I personally invite you to embark on a challenging adventure and wish you happy writing!

Respectfully submitted by:

Donald L. West, Jr., JD, CTEP
Chartered Trust Estate & Planner

http://www.donwestjr.com/

Don West, Jr. counsels families, individuals and entities on the principles of generational legacy and wealth transfer as a Vice President and Trust Officer for Axis Legacy Planning & Trusts, P.L., an elite wealth management firm with a unique planning philosophy of promoting "Healthy & Sustained Family Wealth" with offices in Atlanta, Georgia and four Florida locations: Tallahassee, Tampa, Palm Beach and Miami.


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