Ineffective Planning Yields Unintended Consequences
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Transcript of Ineffective Planning Yields Unintended Consequences
INEFFECTIVE PLANNING
YIELDS UNINTENDED CONSEQUENCES
A look at the estate planning errors
of two deceased celebrities…
BRADLEY B.ANDERSON NEVADA ESTATE PLANNING ATTORNEY
Ineffective Planning Yields Unintended Consequences 2
Engaging competent legal counsel allows you to effectively plan your estate.
However, some high net worth individuals have passed away without taking the
correct steps.
Some of them are very well known to all of us, and some of them are not. In
this paper we will look at the estate planning errors of two famous deceased
celebrities.
ASSUMPTIONS
It is important not to assume you are aware of all the issues when you're
planning your estate. You should consider all possible contingencies and work
with your attorney to create an ironclad plan that can't go wrong under any
circumstances.
Marilyn Monroe Estate
Marilyn Monroe left the majority of her estate to Lee Strasberg, the famous
drama coach. He was married to his second wife Paula at the time of Marilyn's
death.
According to reports the
Strasburgs were almost like
parents to Marilyn. Paula
was eight years younger
than Lee, and as a rule,
women have longer
lifespans than men.
It would have been logical
for Marilyn to assume that
Lee would die before Paula.
Under those circumstances
Paula would wind up inheriting whatever it is that Marilyn left to Lee.
Ineffective Planning Yields Unintended Consequences 3
Since Marilyn looked upon Paula as family she probably thought that this would
be an appropriate result.
As it turns out things did not unfold in this manner. Lee Strasberg lived longer
than Paula, and he wound up marrying a woman named Anna.
Lee left the Monroe estate to Anna, even though Marilyn Monroe had never met
this woman.
Anna made a fortune via licensing rights, selling the Marilyn Monroe image in a
myriad of different forms. She ultimately sold ownership of the estate for some
$20 million or more according to NPR.
It's unlikely that Marilyn would have wanted to leave her legacy in the hands of
someone that she didn't know, and it could have been prevented with more
effective planning.
Steve McNair: You're Never Too Young
Many young adults procrastinate when it comes to estate planning because they
don't expect to die any time soon. The odds may be in your favor when you are
a young adult, but there are certainly no guarantees.
Estate planning is particularly important for people who have dependent
children. Taking chances when you are single and childless is one thing, but
when you have people depending on you advance planning is a must.
In addition to the children, some younger adults assist their parents. This is
another matter to take into consideration.
With all of the above in mind let’s briefly examine the Steve McNair estate case.
Sports fans will remember McNair as a star quarterback who spent most of his
career with the Tennessee Titans.
Ineffective Planning Yields Unintended Consequences 4
McNair was seeing another woman while he was married. His mistress shot and
killed him in 2009 in a murder-suicide. McNair, who was 36 years old at the time
of his death, did not have any type of
estate plan in place.
He made around $75 million in salary
over the course of his career, and he
probably made quite a bit of money via
his endorsements and business endeavors
as well. In 2009 the estate tax exclusion
was $3.5 million, and the rate was 45%.
Since he took no steps to reduce his
estate tax exposure, his wealth was
certainly subject to considerable tax
erosion. This could have been mitigated
had he planned in advance with the
benefit of legal counsel.
He also could have taken steps to arrange for assets to transfer to his family
outside of the probate process. Because he didn't do this the assets that
comprised his estate were frozen by the probate court for a considerable period
of time.
In addition, his mother also suffered. He had built her a dream home on 45
acres in Mississippi. Unfortunately for his mom, Lucille, he did not title the
property in her name. It was in his name at the time of his death, so it was part
of his probate estate that went to his wife and children.
When you draw up a last will you can select a personal representative to
administer the estate. If you don't have a will the probate court will appoint
someone to act as the administrator or personal representative.
Ineffective Planning Yields Unintended Consequences 5
McNair's widow was chosen by the court to act as personal representative. She
decided charge Lucille $3000 per month in rent for the home.
Lucille couldn't pay the rent, so she had to leave the home that her son had
built for her with a portion of his NFL riches.
That's not the end of the indignities that were suffered by Lucille. She brought
her property with her when she left the residence. McNair's surviving spouse
Mechelle contended that the things that
she took did not actually belong to her.
She took legal steps to demand over
$50,000 from Lucille to pay for these
items.
Steve McNair had this home built for his
mother as a show of his gratitude.
Clearly, this is where he wanted her to
reside. He would never have approved of evicting his mother, and he could have
prevented this outcome if he had planned his estate properly.
CONCLUSION
These two cases demonstrate what can happen when you don't take the
appropriate steps to make sure that your wishes are carried out after you pass
away.
When you retain a licensed estate planning attorney and plan your estate with
the benefit of professional counsel you can be sure that no unintended
consequences arise after your passing.
While Steve McNair did in fact
have significant financial resources, his assets were frozen by the probate court because he did not have a
will, a trust, or any other estate planning documents in
place.
Effect of DOMA Ruling on Nevada State Law 6
About the Author
Prior to founding his own firm in 1995, Mr. Anderson served as a senior counsel for two major financial institutions and witnessed the often devastating effects of ineffective estate planning with many customers of those institutions. When he eventually decided to venture out on his own, this experience led him to focus exclusively on estate planning, providing his
clients with a full range of basic and advanced planning options. Mr. Anderson began his professional life as a teacher of mentally-challenged, visually impaired students. After four years as a special education teacher, Mr. Anderson returned to school to obtain his law degree and begin a second career. Upon finishing law school, he
went to work for a civil litigation firm, spending five years handling litigation, probate and wills work. He then moved on to Wells Fargo Credit Corporation where he served as senior counsel. In 1990 he accepted a position with the First Interstate Bank Legal Division, where he had responsibility for several divisions, including the Trust Department. In 1995, he
began his own practice as Bradley B Anderson, Attorney at Law. The firm has continued to grow into the premier estate planning law firm we see today.
Anderson, Dorn & Rader, Ltd.
Legacy and Wealth Planning Attorneys 500 Damonte Ranch Parkway, Suite 860 Reno, NV 89521 www.wealth-counselors.com
Phone: (775) 823-9455 Fax: (775) 823-9456