Timins Law Group Blog

Hey Expats: Come Home to Get Your Family’s Money     Despite the flaccid threats of political naysayers who threaten to leave the country after every presidential election (only to realize the United States is a markedly better place to live than countries with poutine, meme bans and gulags), some Americans actually do leave the U.S. on a near permanent basis. These novice ambassadors of American culture do typically maintain their U.S. citizenship for several reasons, some of which have to do with maintaining some financial benefit.   But being an expat – or having an expatriated citizen be a beneficiary or fiduciary of your Estate – can lead to a lot of Estate Planning challenges, and post-mortem difficulties that

No Country for Old Men: Don’t Name an Elderly Executor or Trustee   While I don’t have a lot of new material to share during my first consultation with prospects, a popular one-liner I use is “You’re not old until you are 92.” And while Christie Brinkly will be hotter than your college girlfriend and Chuck Norris will still be kick blasting 2x4s when they are nonagenarians, EVERYONE ELSE in their 90s is OLD. And being elderly and an Executor or Trustee can be a bad combination for both fiduciary and beneficiary alike.   In a world where we speak in real time with people 10,000 miles away, transfer millions of dollars with a tap on our cellphone, and travel

ANOTHER Reason Wills are Cruddy: Testamentary Trusts   Yep, I’m here to bash on New York Probate and Wills again, so if you love large legal fees, Court intervention and long waits for unnecessarily complex services, you may want to start watching your favorite rerun of Better Call Saul now.   What would you say if I told you that after going through the many annoyances of Probate you may still be stuck working with the Court for another 20+ years? I’m guessing the words would be colorful, like the post credits scene of that night in college you tried Jello shots. Yes, when you use a Will to protect assets you transfer to other friends and family members, your

 TREAT YOURSELF: Order Extra Death Certificates   Sometimes the only good thing to come from a person’s death is the money they leave to others. So why do so many families get gun shy spending a few extra dollars for what is arguably the most important document of that person’s post-mortem affairs? It’s totally normal, and always to your benefit, to order many more Death Certificates of your departed loved one than you think you will need, preferably sooner rather than later.     Death Certificates Transfer Everything   Aside from joint accounts, you cannot transfer any property from a deceased person’s assets without a valid (and usually original) Death Certificate. Times you will likely need a Death Certificate to