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Hollywood and Estate Planning

July 5th, 2010


A couple high profile stories have been published recently regarding the disposition of multi-million dollar estates, demonstrating the dire importance of having an updated last will in place. Most notable was a case involving the dispute of Sammy Davis, Jr.’s widow’s estate, in which Mrs. Davis’s assets (including rights to Sammy’s artistic property), were in danger of passing into the wrong hands. Luckily the LA County court decided in favor of Manny Davis, the survivor of Sammy and Altovise Davis because there was sufficient evidence supporting her self-drafted will.

The more interesting case involves the relatively unknown drama behind the estate of Stieg Larsson, author of the wildly popular Millennium trilogy that began with “The Girl With the Dragon Tattoo.” Larsson passed away unexpectedly in 2004 at age 50 without a will, leaving his long time live-in girlfriend, Eva Gabrielsson with nothing. He had written the trilogy as a means to provide retirement income to himself and Gabrielsson but died before the books became a sensation. Control of his literary legacy went to his estranged father and brother by Swedish law, who are reaping the benefits of the delayed success of the books.

As these cases demonstrate, the signing of a will can make all the difference in ensuring your wishes are carried out should you die unexpectedly. And while these stories involve extraordinary wealth and pop culture influence, they also demonstrate why it is necessary to take care of this important step in your family’s well being. Not having a will in place leaves control of the disposition of your assets and possibly your children to the state in which you reside. It also makes a sad and difficult time for your survivors even more painful, as your wishes may not be realized.

Most people put off drafting a will for a couple reasons. First, they think it is wildly expensive and time consuming, so they procrastinate in favor of when they have more time and money to deal with it. While the process can be lengthy depending on the complications of your situation (second marriage, step-kids or a small business to name a few), most estate planning attorneys these days offer a “package” price, where you know what it will cost before you get started.

If you still think that can be a drag, try Legal Zoom, which offers a fill-in-the-blanks will starting at just $69. As the Sammy Davis, Jr. case demonstrates, these wills contain the necessary legalese to stand in court. But again, if you have a more complicated estate I suggest engaging a qualified attorney who can help you address issues you may not be aware of.

The other reason I find people avoid the process is that they just don’t want to consider their own mortality. They figure they don’t really need a will until they start collecting Social Security. I get this. I cried while typing out my burial wishes to be included with my will. The last thing I want to contemplate is where I want my ashes spread. But someday it’s going to be done, and avoiding painful thoughts of what will most certainly be is not a valid excuse to leave your kids at risk of becoming wards of the state.

If you don’t have a will, do you know what would happen to your family if you were to die unexpectedly? Depending on the state you live in, your estate may not pass 100% to your surviving spouse (or your parents if you are single). And even if it did, dying “intestate,” which literally means “not making a will,” is a much more burdensome and expensive process than if you had a will stating your intentions. And if you’re not married but have kids or a significant other, the result can be even more devastating for your loved ones.

As Benjamin Franklin so famously said, “… in this world, nothing can be said to be certain, except death and taxes.”

Myth-busters: No such things as “healthy” debt

June 21st, 2010
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Myth-busters!

Clients often ask me to recommend a “healthy” credit card balance that they should carry in order to boost their credit score. Contrary to popular belief (a belief created out of confusion and no doubt encouraged by the credit card industry), the answer is $0. You do not need to carry a credit card balance in order to demonstrate good credit history.

That’s not to say that you shouldn’t have credit cards or that you shouldn’t use them. Having them and using them responsibly are what helps keep your credit score high, and while carrying a low balance doesn’t always hurt your score, it doesn’t help it either. In fact carrying a balance that is too close to your limit can hurt and with high interest rates and fees it is certainly not the best way to maintain financial health. Let me explain.

When a lender, like a mortgage company or auto finance department, looks at your credit report, they are looking for the likelihood that you will pay them back if they give you a loan. Other parties also use them to protect against making a bad deal, like landlords who use them to judge whether you will pay rent or cell phone companies that want to determine whether you will actually pay for the airtime you use.

Even employers will sometimes request your credit history for insight into whether you are a responsible person. For example, if you consistently pay your electric bill late or have a history of running over your credit limit, chances are you may also be chronically late for work or distracted by personal financial issues on the job.

The reason that it is important to have a couple credit cards (two cards issued by major financial institutions like VISA or American Express will suffice) and to use them occasionally is to demonstrate what credit examiners are seeking: that you can be trusted with credit and that you will pay it back on time. Just make sure you pay your balance off each month and you will enjoy life debt-free!

Another way to ensure that you maintain the best credit score possible is to review your credit report at least annually, which you can do for free. Go to www.annualcreditreport.com to print your credit report from all three credit-reporting agencies and review each agency’s report for accuracy. If you find any errors, take the proper steps to correct them. Each agency tells you how to do this on their respective websites.

Things that could bring your score down include credit card accounts that are at or near their credit limit, unpaid bills from your past or too many examinations into your history in the recent future. If you have these items on your report and they are legitimate, you should take action to fix them. Pay down the high-balance cards (and stop using them until they are paid off), pay off any overdue bills and stop applying for credit at every opportunity. It will take time (up to seven years for some items), but eventually your score will improve.


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