Wills • Trusts • Taxation • Probate

Serving Fresno/Clovis & The San Joaquin Valley

Telephone: (559) 277-7300

14 cents per mile for charitable driving in addition for parking fees and tolls. Other out of pocket expenses, such as stamps to mail fund-raising literature.

Keep good records of date, mileage, purpose for a possible audit.

Call me for a quick lesson on why  traditional A/B Trusts may no longer be best for your estate plan.

559-277-7300

Work past 65 and, if your healthy, you will have an 11% lower risk of death , according to researchers from Oregon State. Call my office for a copy of the article.  559-277-7300.

In a first for California, an appeals court held that nursing homes are prohibited from abandoning hospitalized residents. Now, nursing homes must honor a resident's right to return once the hospital has completted its treatment. No excuses!

Many clients express concern that what assets that they leave their children will end up being owned by in-laws or, worse, spouses of in-laws who may remarry. My own father's Will gave everything, including my mother's assets, to his third wife! Luckily, she died first!

If you trust your children to own your assets outright, it's a no-brainer to let them own what they inherit from you "in trust" so that you can control the ultimate disposition of those assets as your children die in the future. So your grandchildren get the assets, rather than an in-law who could remarry and give it to a new spouse, or buy things with a new spouse who would get the assets if your in-law died first.

There are many ways to plan in this area, so please make an appointment to discuss the details.

Inherited Iras are no Longer Exempt from Creditor Claims

A recent United States Supreme Court case held that if you inherit an IRA, you cannot claim an exemption of it if you file for bankruptcy, as the rule used to be. The Justices reasoned that the inherited IRA was not a retirement fund of the person who inherited the IRA, as it was while their parents were alive. Thus, creditors can the IRA just as they can get a bankrupt persons' bank accounts and stock portfolio.

Creating an IRA Trust to hold the inherited IRA is the best way to help preserve the IRA inheritance. See me about this relatively new concept to preserve wealth for your family.

Choose whatever clothes that you prefer for your burial. The golfer may want to be buried in his typical golfing attire with his favorite putter.  I would like to be buried wearing my tuxedo as I really enjoy dressing up. Women normally have wider choices, but the important thing is to not only choose, but  to communicate the choice to the person(s) who will be in charge of your buriel.

You may want  to wear  medals and awards and/or jewelry that could be removed before your actual burial, or not , as you prefer.

Women may want  their hair  done a certain way and wear makeup and have a their nails polished

There are a wide variety of caskets that are made from various materials and colors.  There are also wide interior designs, colors and fabrics to choose from. So go casket shopping  one day to get an idea of the choices and cost.

I'm going to be out of town most of next week so we'll get back to funeral planning during the week of the 10th.  The next one will probably not be before October 11th as it's really hectic the day I return from being away.

Jerry

Select  a picture that you would like to appear with your obituary and put it with the interesting story of your life! So what  I'm saying is to write it  yourself!

It takes a lot of time and effort to not only reflect upon our lives, but to then write about it.  If you have a talented family member or friend to edit your remarks, that would be worthwhile. You can include the names of those who may have inspired you to reach your goals or to choose a particular job or activity that was very successful. You can also hand out credits to family and friends who were very important in your life.

You also might want your obituary to appear in the newspaper of the town where you grew up, as well as where you're residing at your death, as those folks would like to know about your life in your later years.

Newspapers charge the proverbial "arm and a leg" to publish obituaries, so tell your Executor that's what you want!

Jerry

 

It's best to provide the crematory with an urn, or several urns as desired for the family, so that the cremated remains can be properly returned to the family. Otherwise, the cremated remains will be returned in a cardboard or plastic container, a somewhat undignified way.

What shall be done with the cremated remains?  Kept by the family (I told me wife to equally divide my remains with our the sons and her and do what you/they want with them), buried in a cemetary plot or in an above-ground place for cremated remains or scattered someplace. 

If you want you body to be buried (i.e., not cremated), again, it's best to choose the cemetery and purchase the plots you want in advance.  That saves the grieving family the difficulty of making such a decision without your guidance.

Being buried above ground in a mausoleum is also a choice to consider.

Whatever your decisions, its wise to note your funeral instructions in an accessible place and tell the family where to look.

 

It's best that you clearly state in writing what you want done with your body following your death so that your family will know exactly what you want. 

Embalming preseves the body for viewing by relatives and friends before and following the funeral.

Cremation can be immediate or following the funeral service and viewing.

Some people just want a memorial service without the remains being present.  Some people just want to be cremated without any services. The choice is yours, of course. But there could be family conflict of what you want unless you've put it in writing.

One of my attorney friends wanted a social event (food and drinks) as his "memorial service."  Attendees told great stories and we all laughed and cried.

The next blog will discuss the disposition of the cremated remains.

Jerry

Organ donation has become more popular and accepted in recent times.

Check the internet for Organ Sharing assistance.

Your Advance Health Care Directive can provide for your organ donation intentions, but just make sure that your agent knows that it exists and that you do or do not want to donate your organs.

My cousin's husband had the good fortune to use another's heart for about five years.

It's truly amazing to think about the wonderful good recipients must  think knowing that some dead person's body parts are in their body!

Jerry

Gerald Lee "Jerry" Tahajian
Attorney at Law

of Counsel
Tomassian, Pimentel & Shapazian
3419 W. Shaw Ave

Fresno, CA 93711 (map)

TEL: (559) 277-7300
FAX: (559) 277-8100

Email: jerry@gltlaw.com