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“Warning! Your computer is at risk of malware attacks. We recommend you to check your system immediately. Press OK to start the process now.”
What to do:
- Remain calm! DO NOT ignore this message though!
- Click the X button to exit (Upper right corner) to close the popup and NEVER click on the “OK” button.
- Run a FULL-System scan with your antivirus program to find and remove the malware.
- If the computer has already been infected you should shut down your unit and contact local tech support to aid in removing any malware on your computer. They will more than likely backup your files for you but make sure you ask as well.
Malware and other malicious software are rampant on the internet and have evolved quickly into an everyday threat as you surf the net. FYI: 80% of legitimate sites contain polymorphic virus and some of these viruses can replicate and mutate on your own system without you ever knowing as it spreads on to other units you are in contact with. These changing malware can be very hard for even the most advanced antivirus systems to detect so it is important to run regular updates on your antivirus software.
Never browse the internet, receive emails or do anything related to the internet without a known and reputable antivirus software installed. Even simple actions like these can lead to infection of your computer.
More Technical instructions!
Microsoft gives home users (only) free support in dealing with malware infections such as viruses, spyware, and adware.
https://support.microsoft.com/oas/default.aspx?&prid=7552&st=1
Or you can troubleshoot yourself…
- See if you can download/run the MSRT manually: http://www.microsoft.com/security/malwareremove/default.mspx
- WinXP => Run the Windows Live Safety Center’s ‘Protection’ scan (only!) in Safe Mode with Networking, if need be: http://onecare.live.com/site/en-us/center/howsafe.htm
- Vista or Win7=> Run this scan instead: http://onecare.live.com/site/en-us/center/whatsnew.htm
- Now run a thorough check for hijackware, including posting requested logs in an appropriate forum.
If these directions are slightly too technical for your liking then the best choice would be to contract local tech support to help you with the situation.
Web Department
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Rd., Ste. 240
San Diego, CA 92124
858-453-2128
www.aaepa.com
How does the law treat human remains? It’s not a common topic of conversation, and the answer may be surprising. In most situations, you have more control over what happens to your property after you die than you have over the final destination of your own body.
American law on this topic, as in other areas, is based on English common law. Historically, under English common law, there were no property interests in corpses. The reason for the rule can often be illustrative. If there were property interests in corpses, then those property interests could allow people to bring the dead with them from town to town and repeatedly exhume loved ones. Certainly, the lawmakers in Britain wanted to avoid this gruesome prospect. Eventually, under American common law, a quasi-property right was established. Essentially, the “next of kin” have a limited property right in the remains of a deceased person, but only for the purpose of burying or otherwise disposing of the body.
Who exactly qualifies as “next of kin?” That question has spawned its share of lawsuits. Perhaps the most memorable example from the recent past was the fight over where to bury Anna Nicole Smith’s body. In that case, Howard K. Stern, her long-time companion, argued, as executor of her will, that she should be buried in the Bahamas, next to the grave of her son. Smith’s estranged mother, on the other hand, argued that she was next of kin and thus had the right to bury Smith’s body in Texas, where she grew up. Ultimately, the case was resolved with Anna Nicole Smith’s body being buried in the Bahamas, but only after the fight over who should have control of her remains raged for nearly a month.
What’s the bottom line when it comes to control of a decedent’s remains? Preference is generally given to the decedent’s wishes. However, no one has an absolute right to dictate what will happen to his or her own remains. Because of their quasi-property rights, the decedent’s next-of-kin can overrule the decedent’s wishes and make the final decision; unless, of course, the court denies those wishes based on public health concerns or the norms of society.
What do you think? How should the law develop in this area?
Stephen C. Hartnett, J.D., LL.M.
Associate Director of Education
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Rd., Ste. 240
San Diego, CA 92124
858-453-2128
www.aaepa.com
The holiday season brings people together; whether you are spending time with family to enjoy a holiday meal, out shopping with friends, or working on a community project. Whatever the reason, people use this time of the year to reconnect.
There are so many things each of us take for granted. One of the first things we do each morning is select what we are going to wear that day. For many people it is not so much what am I going to wear, but do I have something to wear? Do I have something to wear that will protect me from the elements, shelter me from the rain or cold, or block the blowing wind?
Our company gives back by participating in a local coat drive to aid a homeless shelter in Dallas, Texas. Every year we collect coats, blankets, socks, hats, and other winter attire that will keep someone warm. Items are collected, sized and sorted for months, all in preparation for this one evening. Each time we go to the shelter, there are so many memorable stories, but I wanted to share this one:
One evening, a very tiny, little lady approached a table that was designated for extra large men. The volunteer assigned to the table attempted to redirect her, but the lady was insistent. She looked very determined. She knew what she needed and she was not giving up. The volunteer tried to help, and after much coaxing, the lady finally told her what she had in mind: She was looking for a coat for a friend who could not come with her that night because he was outside with all of her belongings. She wasn’t interested in anything for herself, just for him. She said he does so much for me; I just want to do something for him, “he’s proud, you know.” The volunteer held up several coats until they found just the right one. When they settled on one, she let out a big “hallelujah” as to say her job was done. She hugged the volunteer and quickly left the building.
Gratitude is the quality of being thankful and showing appreciation. This tiny, little lady was so thankful for the kindness her friend showed her each day; she put her very real needs aside for him. She did it cheerfully, generously, and willingly without any thought.
Isn’t this something we could focus on especially at this time of the year? Expressing gratitude is a rewarding habit that affirms the grace of the giver. Gratitude opens our hearts and encourages us to take a moment to reflect on each gift that crosses our lives.
We are so grateful for this time to reflect on our many blessings of hope and thankfulness. We are thankful for our association with the outstanding group of men and woman of the Academy and look forward to our continued partnership.
Bryan W. Adams is President & CEO of Premier Planning, LLC and Founder of Legacy Safeguard. Bryan is considered one of the nations’ leading experts on final expense planning, and he frequently speaks throughout the country about the importance of assisting clients to gain peace of mind through advanced funeral funding.
Bryan’s passion for helping families prepare for their final expenses came from being raised in the funeral business. His family still owns and operates several funeral homes, and he is constantly amazed at how unprepared families are when a death occurs. Bryan has worked tirelessly to help Americans plan for the inevitable and lessen the burden on their loved ones.
Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Rd., Ste. 240
San Diego, CA 92124
858-453-2128
www.aaepa.com
How many hours each day do you spend online? And how much of that time is spend using Google? Google has become so pervasive that most of us probably use it on a daily basis. But if you’re only using it to do general searches – typing in a phrase and then sifting through the mountains of results that pop up, then you’re not searching as efficiently as you could.
Here are a few ways to make your Google searches quicker and more effective:
- Searching for an exact phrase? Just put the phrase you’re looking for in quotes. For example, “estate tax” will find only those documents containing that phrase exactly, narrowing your search considerably.
- If you need to find results with similar terms, use the “~” symbol. So, searching for advance ~medical directive will return search results for “advance medical directive,” “advance healthcare directive,” and “advance directive.”
- To exclude a term from a search, use the “–” symbol. So, a search for “law firm management -software” will give you results on the topic of law firm management that don’t include law firm management software.
- Need to do a quick calculation? Instead of pulling up the calculator, you can just type a calculation into Google’s search box using the +, -, *, and / symbols and Google will give you the answer.
- Google also has up-to-date, on-demand stock quotes. Enter the ticker symbol of the stock you’re looking for and you’ll get instant information.
- If you need the definition of a word, type “define:” and the word you need to look up. Google will give you a list of definitions, complete with links to various sources.
- To convert units of measurement – or currency – simply enter the conversion you’re looking for into the search box. For example, “10 kilometers in miles.”
- If you need to check the spelling of a word, Google is a great resource. Just start typing the word into the search box – the drop down box will let you know if you’re on the right track.
- You can limit your search to a specific type of source. For example, blog: “estate tax” will bring back blog posts concerning the estate tax, whereas, news: “estate tax” will bring back news articles concerning the same subject.
- Answer to life, the universe, and everything. Just for fun, type this phrase – in all lower case – into the search box. Google has the answer!
What search tools do you use to save time online?
Robert Armstrong
President & Co-Founder
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Rd., Ste. 240
San Diego, CA 92124
858-453-2128
www.aaepa.com
After much wrangling and politics, on December 17th, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, otherwise known as “TRA 2010.” The law did many things:
- Temporarily extended the Bush-era income tax cuts,
- Temporarily extended the program extending unemployment insurance benefits,
- Temporarily cut employee’s FICA tax by 2%, and
- Temporarily provided estate tax relief.
From an estate planning perspective, the new law set the amount that could pass without an estate tax at $5 million per person for 2010-2012. However, the new law is temporary and will expire after 2012. In 2013, the amount that can be passed free from tax will go back down to $1 million per person. Thus, unless the law is changed again between now and then, someone dying in 2013 would only be able to pass $1 million without an estate tax.
As before, you can use a portion of that exclusion to make lifetime gifts, but then it would not be available at death. In 2010, you can use up to $1 million of your exclusion during your lifetime. In 2011 and 2012, you can use your whole $5 million exclusion during life. Of course, then you would not have any available at death.
Congress also introduced a new “portability” provision. This is where one spouse can add their deceased spouse’s remaining estate tax exclusion to their own exclusion to shelter more from taxes. This portability provision, also known as the “Deceased Spousal Unused Exclusion Amount,” can be used to shelter the assets of the surviving spouse. While intriguing on the surface, under current law this portability tax benefit only happens if both spouses die in 2011 or 2012. If either spouse hangs on until 2013 or beyond, there is no portability option available.
In addition, the new law reduces the top estate and gift tax rate to 35% in 2010-2012. However, a top rate of 55% returns in 2013 and thereafter.
So, what’s the gist of the new law? Prior to TRA 2010 we were facing a return to the $1 million estate tax exclusion on January 1, 2011. Now, we are still facing a return to the $1 million estate tax exclusion; it’s just put off for two years now—to January 1, 2013. The bottom line is that TRA 2010 is temporary. In two years, it will disappear as though it had never existed.
Stephen C. Hartnett, J.D., LL.M.
Associate Director of Education
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Rd., Ste. 240
San Diego, CA 92124
858-453-2128
www.aaepa.com
Reproductive technology has advanced so rapidly that legal answers are being demanded for questions that we wouldn’t have conceived of asking a generation ago. Questions like, Who gets to decide what happens to a woman’s frozen eggs after her death? Should a wife be able to harvest sperm from her dead husband’s body in order to create a posthumously born child? What about couples who are divorcing – who gets to control what happens to frozen embryos they created and stored during their marriage?
When it comes to these issues, the law has not quite caught up with technology. The approaches taken vary from state to state, with some jurisdictions at the progressive forefront, and others lagging behind. But, there is a distinction drawn between control over gametes (eggs and sperm) and embryos or pre-embryos.
Gametes
When it comes to gametes, contract rights prevail, and the owner of the genetic material generally gets to dictate, by way of contract, what should happen to it. So, for example, a woman can use her estate plan to control what happens to her frozen eggs after she passes away. What if there’s no will, but there’s a surviving husband? Then the default rule appears to be that the surviving spouse gets to control what happens to the frozen eggs.
Embryos
Embryos are a slightly different story. Florida and Louisiana are among the few states which have enacted statutes to provide for what happens to frozen embryos. The results are in stark contrast to each other.
Florida: Under Florida law, a couple using advanced reproductive technology is required, along with their doctor, to enter into a written agreement that spells out what is to happen to gametes or pre-embryos in the event of a future divorce, death, or other unanticipated circumstance. If there is no contract in place, then the control of gametes belongs to the person who provided the genetic material, while the couple jointly decides what happens to pre-embryos. However, if one member of the couple passes away, control goes to the surviving partner.
Louisiana: Louisiana takes an entirely different approach. Fertilized eggs are not considered property, and they are not controlled by contract. Instead, a fertilized egg is considered a legal person. It is illegal to destroy a fertilized egg, and any dispute concerning the fate of the fertilized egg is to be resolved using the “best interest of the fertilized ovum” standard. Note the similarity to Family Law, in which the best interest of the child is the overriding concern.
The consensus among the remaining states seems to be that if a contract exists, the terms of that contract will dictate what happens to the embryo, both during divorce and after death. If there’s no contract, then the courts tend to side with the individual asserting the right not to procreate.
It’s important to counsel clients on the need to address these issues, in writing, before a dispute arises.
What do you think? What should the law be in this new area?
Stephen C. Hartnett, J.D., LL.M.
Associate Director of Education
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Rd., Ste. 240
San Diego, CA 92124
858-453-2128
www.aaepa.com
At Elizabeth Edwards’ funeral, Glenn Bergenfield, a close family friend who presented a eulogy, said that in her final days, as he looked around the Edwards household for any guidance she had regarding funeral arrangements, he found none. Since she was such a detailed planner, he thought surely she would have left copious notes. Bergenfield said, “As the week has worn on I have begun to think she saw the sad and beautiful metaphor: We must go on ourselves.”
Edwards did make plans for her children’s Christmas, but not her own funeral. At least the family knew she wanted to be buried next to her son Wade and have the funeral in the same Methodist church where his funeral was held. Some people don’t even express that extent of their plans or wishes.
The funerals of U.S. presidents are now fully pre-planned by the Naval District of Washington, D.C., but it wasn’t always that way.
Jessica Mitford, author of the landmark book, The American Way of Death, published in 1963, told the story of President Franklin D. Roosevelt’s unheeded last wishes. Roosevelt had written down instructions, but kept the document in his private safe and apparently did not tell Eleanor.
Roosevelt wanted a simple, dark wood casket; no embalming; no hermetically sealed coffin; no grave lining; transportation by gun carriage, not by hearse; and no lying in state anywhere. The document was discovered a few days after his burial. Unfortunately, the only instruction followed was that he did not lie in state.
While conducting research for my new book, A Good Goodbye: Funeral Planning for Those Who Don’t Plan to Die, my husband and I met with a mortuary to preplan funeral arrangements for my father-in-law, Norman. We were surprised at how much information was needed that we did not have on hand.
We were glad to have the luxury of time and Norm’s availability to provide more details, which he did gladly. We were also dismayed by my mother-in-law Myra’s “see-no-evil/hear-no-evil/speak-no-evil” denial. She refused to discuss the topic.
That was three years before Norm actually died. After his death, at the end of an exhausting seven weeks of hospitalization, finalizing the funeral arrangements was quick and relatively easy. After the arrangement meeting, Myra told me, “I really didn’t like it back when you were pre-planning, but now, when we needed it, I’m glad it was done.”
Here’s a thought to consider. With a wedding, you have weeks, months, even years to plan, purchase, and implement all the aspects: clergy, location, communications to family and friends, flowers, clothing, music, food, transportation, and so on. With a funeral, you have only an average of three to five days to make similar arrangements, while also dealing with the emotional impact of the loss of a loved one.
Planning a funeral right after a family member dies is probably the last thing you want to do. Hence, funeral directors are the equivalent of wedding planners for the last step in the life cycle, handling all those details for you. You still need to have basic facts about the deceased to process death certificates, and it would be comforting to know you are handling the disposal of the body the way that person would have wanted.
As columnist Ellen Goodman commented, “How many families actually have ‘the talk,’ something as dreaded as ‘the talk’ about sex? How many tiptoe around the questions that surround death, parents not wanting to upset children, children not wanting to upset parents? As if we were not in it together.”
We are all in this together, and we will all be making an exit at some time. Elizabeth Edwards helped her family and society at large start thinking about how to make a graceful exit. Today is a good day to have a conversation about what a graceful exit and a good goodbye would mean to you.
Gail Rubin speaks to groups about “Funeral Planning for Those Who Don’t Plan to Die” and gets the conversation going. A member of the Association for Death Education and Counseling, she’s the author of the new book, A Good Goodbye: Funeral Planning for Those Who Don’t Plan to Die (www.AGoodGoodbye.com) and The Family Plot Blog (http://TheFamilyPlot.wordpress.com).
Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Rd., Ste. 240
San Diego, CA 92124
858-453-2128
www.aaepa.com
FOR IMMEDIATE RELEASE
American Academy of Estate Planning Attorneys Announces Initial Consultation Training with Guru Ganesha Khalsa
SAN DIEGO, December 17, 2010 – What happens in Vegas could transform estate planning attorneys’ practices: On February 12, 2011 at the New York New York hotel in Las Vegas, nationally renowned sales trainers Guru Ganesha Khalsa and Frank Garza will teach Members and a limited number of prospective members of the American Academy of Estate Planning Attorneys, Inc. (http://www.aaepa.com) the art and science of successfully selling with integrity during estate planning initial consultations.
The February event marks the first time Ganesh has offered the one-day training to American Academy Members since 2005. Ganesh, CEO of RAM DAS, Inc., an Authorized Sandler Training® Affiliate (http://www.guruganesha.sandler.com), has customized his sought-after training program for the Academy Membership.
“The training with Ganesh walks estate planning attorneys through the discovery process and teaches the art of listening to establish client trust and rapport,” stated Jennifer Price, American Academy Director of Member Services. “Ganesh gives attorneys the tools with which to produce a sense of urgency in the client, which results in closing the business without seeming pushy or obnoxious.”
In the Initial Consultation training, Ganesh and Garza, who combine humor and coaching for a learning experience that is unmatched, will cover the entire Sandler Selling System strategy and utilize their popular role-playing technique to teach attendees a systematic approach to initial consultations. The event will include a pain/gain clinic, a sales readiness toolkit, and a qualification checklist.
“Use of the methods taught by Ganesh … has resulted in prospects convincing themselves that they need the services we provide,” said past training attendee and American Academy Member Wes Gersh. “Prospects no longer feel they are being sold, rather that we are providing them with sufficient information so that they end up selling themselves. No estate planning attorney should be operating without these skills taught by Ganesh.”
Ganesh explained his Initial Consultation Training emphasizes client comfort. “Selling is the art of inspiring people to do what’s in their best interest,” he stated. “We do that by helping them to get in touch with what’s important to them on a personal, emotional level.”
The February training, Academy’s Masters Program for Initial Consultations, is $625 for the first person from each firm and $575 for additional seats and includes training materials. The training registration deadline is January 5, 2011; a group rate at the New York New York hotel is available until January 11, 2011. Learn more at http://www.aaepa.com/blog/tag/guru-ganesha-khalsa or contact the Academy at (800) 846-1555 or info@aaepa.com.
About American Academy of Estate Planning Attorneys, Inc.
Founded in 1993 by Robert Armstrong and Sanford M. Fisch, the American Academy of Estate Planning Attorneys is the premier national organization promoting excellence in estate planning by providing its exclusive Membership of attorneys with up-to-date research, educational materials and other vital practice management techniques. Visit http://www.aaepa.com for more information.
For further information please contact:
Erin Laverty
Event and Publicity Coordinator
(858) 453-2128
erin@aaepa.com
Jennifer Price
Director, Member Services
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Rd., Ste. 240
San Diego, CA 92124
(800) 846-1555
www.aaepa.com
If you prepare any tax returns, you will need a PTIN beginning in 2011. A “PTIN” is a Preparer Tax Identification Number. Anyone who prepares tax returns for others needs a PTIN for any tax return he or she signs off on beginning on January 1, 2011. This new requirement appears in code section 6109(a)(4) and the following regulation: http://www.irs.gov/pub/irs-utl/td_9501.pdf
In many cases, attorneys have been exempted from the registrations and regulations which have been routine for others. But, in this case, the new PTIN must be obtained even by estate planning attorneys and other attorneys, CPAs, enrolled agents, and others who prepare the tax returns and claims for refund for others.
This applies not only to federal income tax returns (Form 1040), but also to federal estate tax returns (Form 706), federal gift and GST returns (Form 709), and all other returns (and claims for refund) such as those for corporations, partnerships, trusts, estates, foundations, etc.
While estate planning attorneys usually do not prepare their clients’ income tax returns, they are often involved in the preparation of other tax returns.
Because tax return preparation may be a very small portion of what we as estate planning attorneys do, the new requirement may have slipped past many of us.
The new PTIN is easy to obtain. You apply online by giving your relevant personal information, including licensing information. (You must also disclose any felony convictions.) Of course, there is also a fee associated with the application: $64.25. Here is a link for your convenience: http://www.irs.gov/taxpros/article/0,,id=210909,00.html
The new registration (and fee) is purportedly to allow the Service to keep track of return preparers and, like all registrations of this sort, to protect the public from the unscrupulous or incompetent.
If you file a return or claim for refund on or after January 1, 2011, without a PTIN, you may be subject to a penalty of $50 per occurrence, per code section 6695.
So, get your PTIN today and enjoy the holidays!
Stephen C. Hartnett, J.D., LL. M.
Associate Director of Education
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Rd., Ste. 240
San Diego, CA 92124
858-453-2128
www.aaepa.com
In his recent blog entry here (Nov. 24), Steve Hartnett, the Academy’s Associate Director of Education, reminds us that sometimes the basic things you do for clients are the most important — in this case, drafting healthcare directives to express and protect clients’ medical wishes.
Steve’s right. These documents (HCPOAs, living wills) are basic – and important.
And it’s only a baby step from here to realize that your clients’ healthcare directives also need to be at the hospital when doctors and clients need them. Otherwise your basic documents are, well, useless.
No problem, you may think, for your clients to have their directives at the hospital? Hardly.
Consider this:
- One study found that doctors did not know that their patients had executed advance directives in 75% of cases in which they had.
- Another study found that advance directives were unavailable at the hospital in 74% of cases when needed.
One solution to this problem: electronic registries. Such registries store advance directives and make them immediately available to hospitals 24/7/365.
In fact, the federal Department of Health and Human Services, in a rulemaking just last month, recognized the problem of advance directives not always being available when needed and identified registries as one solution. HHS observed that registries may be “an appropriate source of the proper documentation in urgent situations” and can also help loved ones “avoid leaving the patient’s bedside” to obtain the needed documents. (Medicare and Medicaid Programs: Changes to the Hospital and Critical Access Hospital Conditions of Participation to Ensure Visitation Rights for All Patients, Final Rule. Federal Register, Vol. 75, No. 223, November 19, 2010.)
So, what constitutes a good registry for your clients? You might be surprised. More on this next time.
Randi J. Siegel, MBA, is the President of DocuBank, the largest advance directive registry in the U.S., which ensures that the healthcare directives of its 175,000 enrollees are immediately available 24/7/365. Working with estate planning professionals since 1997, Randi frequently speaks at national estate planning conferences and has appeared on radio and television as an authority on registries. She is active in health policy pertaining to advance directives and serves as a Senior Fellow at the Jefferson School of Population Health in Philadelphia. Randi is an ongoing contributor to the Academy blog.
Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Rd., Ste. 240
San Diego, CA 92124
858-453-2128
www.aaepa.com
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