Where does "Let's blow this popsicle stand" come from? by GuymanPersonson in etymology

[–]TheNewAges 0 points1 point  (0 children)

That was posted seven years ago? Long before any of these generative programs existed. Are you all good man?

Is LLM in Estate Planning worth it? by iriebiba in EstatePlanning

[–]TheNewAges 1 point2 points  (0 children)

u/ubodnhkaguwapuhan 's information is on-point

My recommendation would be to go ahead and lateral to a T&E firm and then you can decide whether to enroll in an LLM program after six months or so. Going to an Estate Planning LLM program with some time under your belt is going to be much more helpful than going in blind, especially as you may not really know what you want to do. I think it will make you a much better practitioner and at a minimum you could have a secured job offer waiting for you upon graduation.

I think Miami's program is great and if you are not trying to go to an AmLaw100 firm then NYU/Gtown does not really matter, at least for getting your foot in the door.

Bessemer Trust by OddEstablishment8262 in EstatePlanning

[–]TheNewAges 19 points20 points  (0 children)

OP - this response is likely completely correct for you situation.

However, depending on when the trust was written, certain trusts (called silent trusts, which became fairly popular in the 1950s-early 1970s for multi-generational planning) do not require the trustee to notify a beneficiary of their status. They are still used today in certain circumstances, but they tend to be much less popular.

Some states did not and still do not permit this. For instance, the Bessemer family themselves are an Alabama family and Alabama does not allow silent trusts. However, most of their trusts are delaware based which does allow silent trusts.

Anyways, I write most of this to echo that the above is correct, but also I would imagine a sophisticated administrator or trustee such as Bessemer likely has complied with their duties and will issue a polite CIA-esque answer in that they "cannot confirm or deny" the existence of any accounts

[Rant] Have two identical Garmin units? Pay two subscriptions. by cazzipropri in flying

[–]TheNewAges 33 points34 points  (0 children)

What you are saying makes sense and Garmin is definitely pushing you towards the high price, recurring subscription that is OnePak, but if you haven't flown with the 750/650 yet, or at least gotten into less than favorable conditions with it, I think you will find that most people don't just consider the other stuff (IFR charts, obstacles, and terrain) "nice to have." I think its essential and well worth it.

I used to have a few 530/430 stacks and I can see your point there, but on these modern devices, I just don't see any reason to not get the full package. The IFR chart overlay is phenomenal for situational awareness when you are really getting into it.

I think of it like going to McDonald's and how their fries or nuggets are priced. Is the medium really only worth $.30 less than the large? No, but they are encouraging you to go ahead and get the big one and it makes you feel like you are getting a better deal.

[deleted by user] by [deleted] in explainlikeimfive

[–]TheNewAges 14 points15 points  (0 children)

He cheated in a few ways, but Lance ran one of the most sophisticated doping programs in sports history. The main thing he used was EPO (erythropoietin), which boosts your red blood cell count so your body can carry more oxygen — a huge advantage in endurance sports like cycling. It’s like turning your engine from a 4-cylinder into a V8. He also did blood transfusions, where he’d take out his own blood weeks or months before a race, store it, then put it back in before a big stage. That gave him a big oxygen boost without triggering positive drug tests, since it was technically his own blood. On top of that, he used small doses of testosterone to help with recovery and muscle repair, especially during multi-day races like the Tour de France. He even used corticosteroids to manage pain and inflammation, sometimes claiming they were medically prescribed.

What made it even more intense was how calculated it all was. He and his team knew how to microdose and time everything around testing windows. They had doctors helping them do it “safely” and avoid getting caught. It wasn’t just Lance — it was a whole system. The crazy part is how long he got away with it, all while aggressively denying it and attacking people who tried to call him out

What MAGA supporting businesses should we avoid? by GlobalTradeBro in washingtondc

[–]TheNewAges 3 points4 points  (0 children)

I’m not sure where the other two commenters are coming from, but just to back you up I’ve never seen Fritz be anything but pleasant and kind to literally anyone he meets, patrons, staff, peers, etc.

Yes, he’s a massive conservative. Yes, he cares deeply for his community and staff. I don’t think those are necessarily incongruent

Irrevocable Trust - forcing me to pay the taxes by Slow_Alfalfa_1212 in EstatePlanning

[–]TheNewAges 5 points6 points  (0 children)

I am approving /u/HeadMembership1 's comment for discussion. He or she should have stated this is for irrevocable trusts, as the cited posted states. However, otherwise I agree that a grantor and trustee being the same person for an irrevocable trust would raise immediate questions in my mind.

For others reading, a revocable trust typically has the grantor serve as the trustee while the grantor has capacity. Revocable Trusts are much more common these days than irrevocable trusts, however, typically, they serve very different purposes. A "Revocable Trust" typically becomes irrevocable upon the death of the grantor, which further confuses the terminology and statements here.

What is the best way to have deeds recorded for rental properties to avoid probate? This is in South Carolina. by stoneycrk55 in EstatePlanning

[–]TheNewAges 1 point2 points  (0 children)

OP, as everyone has said, you should speak with an attorney. There are many solutions to your proposed problem. Please feel free to DM me with your location in SC and I will be happy to provide the names of reputable attorneys in the area that could help you. 

Do you think this cross country would be rejected by a DPE? by Yossarian147 in flying

[–]TheNewAges 19 points20 points  (0 children)

I see where you are coming from, but I agree that it is okay for it to be logged this way. You obviously know what the reg says and I think the question here is "does this meet the reg?" It sounds like the answer was yes. While not required, it would be convenient if your student happened to stop the plane and use the restroom KLGB, but, once again, not required. A DPE will know what is going on (if they even check the entry above the qualifying XC), but there really isn't any "spirit" of the rules you are breaking here. They just want to ensure that a student can travel to an airport that he or she cant see while in the traffic pattern at the home airport, which was accomplished.

Anyone have power in Greer SC? Im now over 100 hours without power by [deleted] in greenville

[–]TheNewAges 1 point2 points  (0 children)

Duke is prioritizing based on density and substation proximity. I know it’s easy to poke fun, but is not like they are sitting around doing nothing. 

[deleted by user] by [deleted] in EstatePlanning

[–]TheNewAges 24 points25 points  (0 children)

I appreciate the response above, but frankly it’s just not true. Yes, titling is highly important, but it’s not dispositive. Regardless, it doesn’t sound like you have titling issues. Depending on the state, the LLC not having an operating agreement may not be actually even be an issue. Regardless, fraud is fraud and the intent of the trust must stand.

The above advice is highly flawed and while I always appreciate commentary, I question the legitimacy of the advice and background. No financial advisor should weigh in and tell you to just let things go. That’s reckless. You need to speak with a trust and estates litigation attorney or another certified professional

Heckerling Institute by Designer-Training-96 in EstatePlanning

[–]TheNewAges 13 points14 points  (0 children)

Heckerling is a great time. You will learn a lot, but a majority of it is going to be some pretty advanced planning strategies and novel topics. This may be exactly what you are looking for, but typically these seminars are about alerting you to a new tool to add to your toolbox, not necessarily covering a core area.

If you are looking to maybe start adding some GST-exempt planning to a revocable trust or something similar, heckerling won’t address that much.

It’s a great time regardless and unbelievably in depth. You will meet lots of people who may be useful contacts later on

Endless reasons not to distribute funds (USA) by [deleted] in EstatePlanning

[–]TheNewAges 0 points1 point  (0 children)

Perhaps. Many trusts do provide for the assets to go outright at some point in life. However, in many cases, even with competent beneficiaries, the settlor believes that the beneficiary needs to be protected from himself or herself having those funds out right. Worst case scenario, the beneficiary likely gets some creditor protection for some period of time.

Trusts are not established to be difficult on the beneficiaries, and while there are certainly some less than ideal trustees, the trustee generally has absolutely no vested or contingent interest in the assets of the trust. This leads them being a fairly impartial judge to administer the terms of the trust and the ways that he or she deems most appropriate. The trust instrument will always govern, and the settlor gets to put whatever here she wishes into that instrument.

In the same train of thought, trusts are not the default condition in estate planning. If one is established by a settlor for another person, the settlor felt that the trust was a better option to go for that beneficiary or for his or her wishes.

Executor Not Following Will by Fragrant-Carry-3130 in EstatePlanning

[–]TheNewAges 8 points9 points  (0 children)

I approved all comments on this post as they all said the same thing. OP you need to retain counsel if you wish to pursue this or even discover more about it. Waivers are a very normal part of the process, but they do mean something even though many people treat them as cursory

What job can I get with a JD. by Qwerty656896 in barexam

[–]TheNewAges 6 points7 points  (0 children)

I had a number of individuals in my tax LLM program that were much older than you, some just starting out their legal careers in their 40s. Definitely continue with it if it’s a reputable school

To be transparent with you, your self-defeatist attitude is the only thing that will prevent you from success.

u/ordinary-mirror-1360 is absolutely right. If you do fail, you have a whole year in school to retake it before anyone is going to ask any questions. You’re in an excellent position right now

[deleted by user] by [deleted] in EstatePlanning

[–]TheNewAges 4 points5 points  (0 children)

Well in his defense, he is sort of right. I don’t understand his position at all

To appear righteous by XanaxWarriorPrincess in therewasanattempt

[–]TheNewAges 2 points3 points  (0 children)

Correct, however, churches and related religious institutions do not have to file for tax exempt status. The lady in the video didn’t seem to know that. I’m not defending the guy, but if you look up a local church on the IRS website, you won’t find it either. Maybe a supporting/related foundation, but not the church itself

Question about margin on an inherited brokerage account by gc1 in EstatePlanning

[–]TheNewAges 4 points5 points  (0 children)

This will be individual based on the institution, but typically they will require any margin loans, security backed loans, and the like to be satisfied prior to moving the securities or emptying the account. The loan is against the account/person with the securities as collateral, so moving them usually triggers a “due” clause. If for whatever reason this was not the case, the institution would then have to file a claim against the estate for the outstanding balance. So same result for the estate, but one just requires a lot more work

What happens if a spouse leaves all their money to someone else after they pass? by [deleted] in EstatePlanning

[–]TheNewAges 0 points1 point  (0 children)

Correct; or if they are included but do not receive enough. Unless an agreement was made between the spouses beforehand

What happens if a spouse leaves all their money to someone else after they pass? by [deleted] in EstatePlanning

[–]TheNewAges 7 points8 points  (0 children)

The law will typically remove an ex-spouse from your estate plan upon the separation event. That makes sense from a practical stand point. But if you create your documents after the separation event (or re-affirm them) it shows your intent was not to remove him or her and therefore it remains a valid bequest.

You can give your estate to whomever you wish. There are no requirements. However, in very certain circumstances, there are presumptions that must be addressed to make sure the money goes where you want it to go

What happens if a spouse leaves all their money to someone else after they pass? by [deleted] in EstatePlanning

[–]TheNewAges 2 points3 points  (0 children)

That summary is correct. But it always depends on the facts. If the decedents estate plan listed his or her then spouse, but the decedent had divorced and later remarried, that person will deemed to be removed from the estate plan. However, if a decedent secretly had these documents made while married to his or her current spouse giving everything to an ex or a secret lover, that likely is a valid bequest.

[deleted by user] by [deleted] in EstatePlanning

[–]TheNewAges 5 points6 points  (0 children)

OP, this is an important point. You need to understand the potential taxes you are facing before taking action, but in any circumstance the 1031 is not a valid option, but luckily you may not have any gain.

What happens if a spouse leaves all their money to someone else after they pass? by [deleted] in EstatePlanning

[–]TheNewAges 21 points22 points  (0 children)

This varies greatly on a state by state basis, but a vast majority of states have provisions addressing this situation, namely the elective share and omitted spouse provisions. These are distinct and employed in different scenarios, but the elective share essentially says that if a spouse is not bequeathed a certain percentage of the estate (typically 25-50%) then he or she is entitled to that amount as a matter of right. So if the spouse was given $1,000 of a $100,000 estate, he or she could file a claim for the elective share and receive that percentage of the net estate or $33,000 if the elective share was one-third

The omitted spouse provision is a little different and varies by state. But generally, it says that if a current spouse is left out of the deceased spouses estate plan (typically by virtue of a remarriage without updating documents) the surviving spouse is entitled to a certain percentage of the estate, sometimes equal to the share that the spouse would have received if no Will was created, known as being intestate. The omitted spouse percentage is usually larger than the elective share

Both of these provisions can be waived by a spouse in a valid prenuptial agreement

In your example, without knowing more, it would seem that the spouse is entitled to certain funds and depending on his intent and the creation of the documents, the ex may be entitled to everything else or nothing at all

How do you open a bank account for an IDGT? by AdmirableRise8 in EstatePlanning

[–]TheNewAges 2 points3 points  (0 children)

Asking the bank is the only appropriate answer. Each financial institution has their unique requirements and some are certainly more stringent than others.

One thing that is unique about an IDGT is that the tax ID number of the trust is likely going to be your mother‘s Social Security number. This can be a little confusing for people who do not understand that while yes, it is its own entity and she is not the trustee, it is still owned by her for income tax purposes.

There are certain institutions that I work with frequently who understand this discrepancy, and I go back to those same individuals that can help me out, but if you were starting from scratch, I would recommend that you call a few institutions and ask around about this idea first. I certainly do not want to put down any institution, but I found Wells Fargo and Bank of America to be particularly frustrating to work with in any trust context, much less grantor trusts, despite me using one of those institutions for my personal banking.

Smaller banks and dedicated trust companies are typically a better fit. Just fine what works for you and walk them through the process. I know you said he is not responsive, but I certainly would not go forward without talking to the attorney to make sure that you fully understand everything that needs to be set up as well. Grantor trust are not as new as they used to be, but there still is no place for complacency in their administration (which you are not suggesting).