Death and Taxes

We have all heard that two things in life are certain; death and taxes.

Most people pay taxes voluntarily, but are reluctant to even think about death and dying.

As one man put it: “My wife refused to face up to ‘what happens when I die?” After a few tears she finally realized that it was going to happen someday, and she would have better direction by discussing it”.

Everybody knows we’re not going to live forever, but who wants to think about it now?

There are certain ‘triggers’ that do cause people to act;

· The death of a family member or close friend.
· Buying a house, or a second home
· A sudden illness by you or a family member
· Traveling, especially business travelers, or going overseas
· We you are getting married or before you get divorced
· Having children or having grandchildren you want to help
· Undertaking some other legal or business planning

According to a 1990 study by AARP, Over 90% of all estates are forced through probate because the decedent died with or without a will. The assets are distributed to any surviving spouse, children and/or parents in set proportions – not how you wanted.

Probate is expensive, time consuming, and frustrating for the survivors (I have not seen or talked to my siblings since Mom died in 1995).

Also, if you’re living together under common law, or same-sex relationship, your partner is not automatically treated as your next-of-kin when you die. You can live with your partner for years and be financially dependent on them; you do not have a right to their estate, until they put it in writing. Also, if you marry or remarry, your will is automatically cancelled, but if you separate or divorce, your will remains the same.

With fewer people getting married, more people having common law relationships, and more people getting divorced every year, the potential for messy estate distribution outcomes is much greater.

If your relationship status has changed, particularly if there are children involved, make or update your current paperwork to reflect these changes and ensure you have fulfilled the responsibilities you and your partner have made towards each other, towards your children or maybe those of previous relationships.

Roughly, 5% of the wills that go through probate are contested because of wills that leave unequal shares to children or involve second families – with the children of a former marriage claiming against a surviving step- parent.

Last year a farmer left $1 million to his farm dogs, thereby disinheriting his two sons from a previous marriage. His widow and sons contested the will. The judge set aside the terms of the farmer’s will.

Family members, usually a spouse, child or grandchild but sometimes parents and step-children can challenge a will if the will-maker failed to make adequate provision for their maintenance and support. The judge determines if there has been a breach of ‘moral duty’ by the will-maker, the needs of the claimant, the size of the estate and any other competing moral claims, and often rules against the will.

The beauty of a Trust is that it eliminates All these problems.

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