Tuesday, February 27, 2007
Saturday, February 24, 2007
The week in review
- DJIA fell 120.09 this week, 0.94% to close Friday at 12,647.48. Not a very good week for blue chips.
- Nasdaq Composite gained 18.79, 0.75% to 2515.10.
- S & P 500 dropped 4.35 points, 0.30% to close at 1451.19.
- 10-year Treasury yield fell 0.012 percentage points to 4.678%.
- Crude oil rose $1.75/bbl, 2.95% to $61.14.
Tuesday, February 20, 2007
Sunday, February 18, 2007
Estate planning lessons from Anna Nicole Smith
The financial and legal wranglings of Anna Nicole Smith are lengthy and legendary and will likely continue for years after her death.
In the mid-nineties she battled it out in courts for a claim to her late octogenarian husband's estate as well as filing for bankruptcy to avoid paying an $850,000 judgment against her for sexually assaulting her son's nanny.
Now, courts will have to decide who will receive Anna Nicole's estate. In 2001 her attorney, Howard K. Stern, drafted a will leaving her entire estate to her son Daniel. No provisions were made for future offspring and she didn't update her will after Daniel died and Danielynn was born five months ago. Since the only heir named in her will is deceased, the document is invalid and a probate court will likely award the estate to the infant Danielynn and appoint a guardian and conservator. Whoever that is will have access to millions. The legal maneuvering will be as bizarre after death as they were during her life.
There are a couple of important lessons here from an estate planning angle.
First, have a competent attorney help you draft your documents. Yes, Stern is a law school graduate and a member of the California bar but he had no experience with probate. No competent law professional would draft a will without provisions for children or grandchildren yet to be born. It should have had contingencies in the event that Daniel predeceased Anna Nicole.
Secondly, update your estate documents regularly and after significant changes, i.e., births and deaths. Not that Anna Nicole should have gone directly from the cemetery to an attorney's office, but this could have been greatly simplified if she had updated her will soon after Daniel died and Danielynn was born.
This is going to be interesting to watch.
In the mid-nineties she battled it out in courts for a claim to her late octogenarian husband's estate as well as filing for bankruptcy to avoid paying an $850,000 judgment against her for sexually assaulting her son's nanny.
Now, courts will have to decide who will receive Anna Nicole's estate. In 2001 her attorney, Howard K. Stern, drafted a will leaving her entire estate to her son Daniel. No provisions were made for future offspring and she didn't update her will after Daniel died and Danielynn was born five months ago. Since the only heir named in her will is deceased, the document is invalid and a probate court will likely award the estate to the infant Danielynn and appoint a guardian and conservator. Whoever that is will have access to millions. The legal maneuvering will be as bizarre after death as they were during her life.
There are a couple of important lessons here from an estate planning angle.
First, have a competent attorney help you draft your documents. Yes, Stern is a law school graduate and a member of the California bar but he had no experience with probate. No competent law professional would draft a will without provisions for children or grandchildren yet to be born. It should have had contingencies in the event that Daniel predeceased Anna Nicole.
Secondly, update your estate documents regularly and after significant changes, i.e., births and deaths. Not that Anna Nicole should have gone directly from the cemetery to an attorney's office, but this could have been greatly simplified if she had updated her will soon after Daniel died and Danielynn was born.
This is going to be interesting to watch.
Tuesday, February 13, 2007
Sunday, February 11, 2007
The week in review
- DJIA lost 72.66 points this week, 0.57%% to 12,58083.
- Nasdaq Composite dropped 16.06, 0.65%% to 2459.82 pulled down by the semiconductor slump.
- S and P 500 dropped 10.33 points, 0.71% and closed Friday at 1438.06.
- 10-year Treasury yield fell 0.044 percentage points to 4.784%.
- Crude oil was just barely under $60 on Friday after gaining $.87 for the week, 1.47% and stood at $59.89.
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