In this day and age, the nature of our assets is changing. Traditional estate planning tells us that we should have a Last Will and Testament so that our real estate, bank accounts, and personal property will go to our heirs when we die. However, as the age of technology progresses, so many of our assets are becoming digital and web based. Physical photo album books are replaced with Facebook albums and cloud storage. Letters replaced by email. Cryptocurrency. Even bank accounts, investment accounts, stocks and retirement accounts can be set up and managed completely online.
 
What happens to these digital assets if you become ill, incapacitated, or after your death? Does anyone else have access to your email, Facebook, or another online accounts? If not, do you have a record of your user names and passwords?
 
Fortune reports an unusual story: “The proprietor of QuadrigaCX, a Canadian cryptocurrency exchange, died suddenly, taking knowledge of his business’ recovery keys to the netherworld with him. Apparently, nobody—including the owner’s widow—has access to the $190 million in virtual currencies his business secured.”[1] While an extreme example, I have seen situations in which a surviving spouse struggled to get into the deceased spouse’s accounts to pay bills, access funds, and even get photos off of sites like Facebook and Google.
 
So how can estate planning help? One way to look at estate planning is to see that you are creating a road map for someone to follow. Providing your agent with a clear understanding of your property and assets is as important as directing how they should manage your affairs.  
 
The other important aspect of estate planning is to provide your agent with easy access to your property so that they can manage your affairs without too much hassle or hoop jumping. Most online accounts, such as cryptocurrency, online stock accounts, etc., provide means of naming beneficiaries to receive the account upon the account owner’s death. Facebook provides the means of naming a “legacy contact”, a contact you nominate to access your account upon death. Such a contact can create memorial posts, download and save photos and other posts or information, and notify Facebook contacts of your passing.
 
Start planning your estate today and let’s build your road map! Contact the office to set up a consultation.

[1] Hackett, Robert. “Death Endangers Cryptocurrency Treasures: Plan Your Estate.” Fortune, February 2, 2019, http://fortune.com/2019/02/02/cryptocurrency-death-bitcoin-estate-planning/

For me one of the best parts about estate planning is getting to know my clients personally, hear their stories, find out about their family and discover how they want to plan for their future. In an industry that can get bogged down with the legality and legalese of service, it is important to me to make those personal connections with my clients.
 
One of my favorite things is when my clients ask me if they can provide for their pets through their estate plan. The answer is yes. And why shouldn’t you? Your pets are part of the family too. There are a couple different ways to provide for your pets in the future: pet provisions and a pet trust.
 
A pet provision is a specific gift or direction to your Executor or Trustee regarding the care of your pets. One of my clients in Arkansas provided for their pets by naming a caregiver and setting aside a specific cash gift to the caregiver to use for their pets. A provision for your pet could cover anything from appointing a caregiver, gifting cash or other property to be used for the care of your pets, or requiring that your Executor or Trustee choose a no-kill shelter if for any reason no one is able to care for your pets.
 
While a pet provision is beneficial in making your wishes for your pets known, it is often difficult to know whether the provisions will be carried out properly. A better option may be a pet trust. Michigan law recognizes the validity of pet trusts.
 
A pet trust is created by choosing a trustee and a caregiver. The trustee is the person who manages the funds in your pet trust for the care and benefit of your pets. The caregiver is the person who is actually taking care of your pets by providing food, shelter, taking them to the vet, etc. Sometimes the trustee and caregiver may be the same person.
 
Another married couple that I represented had no children, but three cats. They set up a pet trust which provided a fund for the care of the cats, but they didn't know who to name as caregiver. So they added provisions that the trustee of their trust find a suitable caregiver and directed that their home was not be sold for a year or until a caregiver was found, whichever came first.
 
The terms of your pet trust will lay out how much money is going into the trust and specific directions about how your caregiver should care for your pet, such as nutritional requirements and health issues. The amount of money given to your pet trust should be reasonable and be enough to cover for your pet’s needs for the rest of their lives. Take into consideration the life expectancy of your pets as well as any potential health concerns.
 
A pet trust will remain in effect until the last of your named pets passes away. Therefore, you should name a beneficiary to receive the remaining funds in the pet trust, if any.
 
Want to learn more about how a pet trust could work for your family? Contact the office today!
 

In the vast realm of estate planning, the Michigan Ladybird Deed stands out as a unique and powerful tool. Also called an "enhanced life estate deed," this lesser-known document offers Michigan residents a flexible way to manage real estate after death.
 
Named after First Lady Ladybird Johnson, a Ladybird Deed is a type of deed used to transfer property without the requirement of going through the probate process. The probate court process can be time-consuming, expensive, and emotionally taxing for the family left behind after a death. The Ladybird Deed provides an elegant solution to avoid probate while retaining control over your property during your lifetime.
 
One of the most significant advantages of a Ladybird Deed is its flexibility. Unlike other deed transfers, it allows you to retain full control over your property while you are alive. For example, a life estate grants an interest in the property to both the owner and the beneficiary, or remainderman. The owner of the property is unable to sell the property without the remainderman’s approval, and the owner would only get a portion of the proceeds of such a sale. In contrast, with a Ladybird Deed, you can sell, mortgage, lease, or even give away the property without needing to seek permission from the beneficiaries named in the deed.
 
Additionally, the Ladybird Deed provides an advantage when it comes to Medicaid planning. Medicaid, the state and federally funded program that provides healthcare coverage to eligible low-income individuals, has strict asset limits. Utilizing a Ladybird Deed allows you to potentially qualify for Medicaid assistance while preserving your home for your heirs after death.
 
The Ladybird Deed also allows you to change your mind about the property's beneficiaries at any time. You can simply create a new Ladybird Deed, modifying the beneficiaries or their shares of the property, giving you flexibility in your estate planning strategy.
 
Just like with any legal instrument, a Ladybird Deed requires careful consideration and proper execution. It is important to consult with an experienced estate planning attorney to ensure that the deed is drafted correctly and in compliance with Michigan law. Contact our office today to discuss whether this is the right tool for you and your family.