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Nov. 23, 2009
JWisdom.com: Actually, it really is all about you with Rabbi Lawrence Hajioff
Nov. 20, 2009
Rabbi David Aaron: How to make every second of your life come first
Caroline B. Glick: Whither American Jewry
Nov. 19, 2009
Binyamin L. Jolkovsky: Please Listen to this Godcast (5 minutes)
Jonathan Tobin: ADL Crosses the Line with Report Bashing Obama Critics
Nov. 18, 2009
Rabbi Yonason Goldson: What Judaism has to say about the secret of the Mona Lisa's smile
JWisdom.com: The (Jewish) Dating Game with Rabbi Lawrence Hajioff (8 minutes)
Nov. 17, 2009
Steven Emerson: How Does the 4th Amendment Impact Terror Finance Investigations?
JWisdom.com: If Frank Sinatra married Edith Piaf with Rabbi Y.Y. Rubinstein (2 minutes) Life lessons from what would be regarded as the most inappropriate lyrics ever sung
Nov. 16, 2009
The Jewish Ethicist by Rabbi Dr. Asher Meir : When borrowing is stealing
JWisdom.com: Deconstructing faith with Rabbi Warren Goldstein (9 minutes)
Nov. 13, 2009
JWisdom.com Sarah's subjective reality with Rabbi Sroy Levitansky ( 6 minutes)
Caroline B. Glick: Obama's failure, Netanyahu's opportunity
Nov. 12, 2009
The Kosher Gourmet By Marialisa Calta : A sweet sweet potato treat
JWisdom.com Does God get tired? with Rabbi Harvey Belovski ( 5 minutes)
Nov. 11, 2009
Rabbi Avi Shafran: Jews and money: When anti-Semitism isn't
JWisdom.com Marriages are not made in Heaven with Rabbi Lawrence Hajioff (VERY fast 15 minutes)
Nov. 10, 2009
Michael Doyle: Author of book exposing CAIR ordered to remove supporting documents from Web
JWisdom.com If the creation so loudly shouts the existence of the Creator, why aren't more people believers? with Rabbi Naftali Brawer (9 minutes)
Nov. 9, 2009
Mark Steyn: Shooter exposes hole in U.S. terror strategy
JWisdom.com It's never too late to have a happy childhood with Sarah Chana Radcliffe (5 minutes)
Nov. 6, 2009
Rabbi Berel Wein: Choosing to hear
JWisdom.com Zero to 1/60th: How to Empower An Hour with Gavriel Aryeh Sande (7 minutes)
Caroline B. Glick The mullahs' big week
Suzanne Fields A Fallen Wall for Fallen Man
Nov. 5, 2009
The Kosher Gourmet: Three scrumptious -- but simple -- butternut squash dishes
JWisdom.com Hidden Hints: Unlocking Faith & Prayer with Rabbi Jay Yaacov Schwartz (10 minutes)
Nov. 4, 2009
Tom Hamburger and Kim Geiger: Should prayers be covered?
JWisdom.com When God played peacemaker With Rabbi Sroy Levitansky (5 minutes)
Nov. 3, 2009
Martin Peretz: Beware, Barack. Beware, Rahm. Beware, Axelrod
JWisdom.com Are you are closet idolater? With Sara Yoheved Rigler (10 minutes)
Nov. 2, 2009
Paul Greenberg: The Holocaust is now on Facebook
JWisdom.com Abraham's Strange Change With Rabbi Yitzchok Fingerer (5 minutes)
Oct. 29, 2003
Mortimer B. Zuckerman: Graffiti On History's Walls (MUST-READ!)

Jewish World Review Nov. 5, 2007 /24 Mar-Cheshvan 5768

Making your estate trust-worthy

By Jan L. Warner & Jan Collins


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http://www.JewishWorldReview.com | To our readers: Last week,
we began to answer a question from a family that believed it was being held captive by a large bank trust department that oversaw and invested the deceased husband's comparatively modest estate.


With the average trust today being less than $250,000, we pointed out that liquid assets are generally invested in common pools of securities or mutual funds that don't require individual attention, and that it is not unusual for a trust officer to handle a hundred or more such trusts.


We also warned that most trusts in existence today are the creations of word processing programs that include provisions that give trustees wide latitude to make investments (even though the deceased may only have purchased CDs) and to charge the bank's posted compensation rates.


Lastly, we warned about conflicts of interest where the trust side of the bank invests trust assets on the investment side of the bank in proprietary funds that produce meager returns and charge more fees.


What to do?


First, contrary to popular belief, more than 98 percent of those who die each year will not have taxable estates under current law. Therefore, computer-generated trusts that are intended to save estate taxes are overkill.


Second, the choice of a successor trustee is important to those who wish to create revocable living trusts during life and to be the trustee until death or disability, and also to those who establish trusts in their wills. Therefore, prospective successor trustees should be interviewed, not named blindly. If a child or family member is to be named, provisions should be included in the trust to ensure regular accountings to beneficiaries.


Third, no matter what kind of trust you establish, the instrument should contain investment parameters with which you are comfortable. For example, if you have invested in CDs and money markets throughout your life, it is unlikely that you would want a stranger investing your assets after death in risky stocks or financial instruments you don't understand.


Fourth, the calculation of trustee fees should be clearly spelled out in your trust document. If you are going to transfer the family home into the trust, you should negotiate either no fee or a minimal fee based on the value of that residence. Further, if you set the investment parameters in your document, the trustee's risk of making bad investments is reduced and, therefore, the fee should be reduced commensurately.


Fifth, your document should include language about replacement of the trustee if expectations of service are not met. In order to attempt to avoid an expensive court proceeding, you may choose to provide in your document that if a high percentage of the beneficiaries are dissatisfied with performance, the trustee should resign in favor of another named trustee.


Sixth, stay away from naming multiple trustees to act together because it is difficult to get anything done when acting by committee. Include in your trust exactly what the trustee is to do and when. In some instance, a special trustee — an individual who knows the family circumstances — may be appointed to make recommendations to the trustee.


Seventh, find a lawyer who will listen to your circumstances and then prepare a document that fits your needs and goals.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.

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