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The Cary Connection AUGUST 2023
Protect Your Golden Years How Elder Law Provides Peace of Mind
Other times, our younger clients realize the importance of planning for the future after creating their own estate plan and decide to bring their parents in for a consultation. Many people begin looking at life matters differently after they go through the process, and they don’t want to see their loved ones go without care or someday be in charge of a messy estate. A loved one bringing up the subject can persuade someone who hasn’t considered these issues before to take action on both a will or trust and other issues that arise later in life. Elder law is complicated, and many don’t know where to begin thinking about, let alone addressing, their potential future needs. But while not everyone will need all elder law services, they should at least understand what they are. Long-term and Medicaid planning both involve preparing for a potential future in which a person needs assisted living services. Long-term care can be extraordinarily expensive, and most people do not have the funds to pay for it. Those that do often don’t want to spend all their wealth on medical bills, but Medicaid has strict eligibility requirements. Trusts and other asset protection instruments can help people qualify for Medicaid without first impoverishing themselves. Meanwhile, a conservatorship or guardianship occurs when someone is incapacitated to the point where they can no longer make their own decisions. We would prefer that everyone have power of attorney documents that designate who will manage financial and medical matters in advance. We can help you navigate the legal process of appointing a guardian or conservator and ensure that your loved one’s interests are protected. Of course, an elder law attorney cannot guarantee a particular outcome. We’re not better at predicting the future than anyone else, but planning provides a certain peace of mind. At Cary Estate Planning, our goal is to help people understand the most likely scenarios to affect them and be a guide as they move through different stages of life.
Our society doesn’t always show its senior citizens the respect and appreciation they deserve, so it’s notable that August contains two holidays designed to honor our elders. Aug. 17 is Baby Boomers Recognition Day, celebrating those born between 1946 and 1964, most of whom are now seniors. National Senior Citizen Day on Aug. 21 celebrates seniors of all ages. Ronald Reagan established the holiday in 1988 to highlight older Americans’ unique issues. Seniors make up a significant portion of our clientele at Cary Estate Planning, so their quality of life is near and dear to us. Elder law is one of our primary practice areas, but many people don’t understand how it differs from estate planning. Essentially, estate planning is a crucial portion of elder law, but you can (and should) estate plan at every age. Elder law goes beyond estate planning to address retirement planning, long-term care planning, and guardianships. Much of our elder law work happens during the estate planning process. When older clients visit our offices, we try to discover and address other needs they may have for the future. Sometimes, they don’t realize the financial matters they’re concerned about have potential solutions.
-Paul Yokabitus
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THE GO-TO GUIDE TO GIFT TAX
How Much Can You Give Tax-Free?
instances aren’t impacted by the gift tax. Some tax-free offerings include:
married, your spouse can match your gift, and as a couple, you can give up to $34,000 per individual tax-free. If a gift exceeds this amount in any one year, you must pay a tax. How do you gift strategically? Although gift taxes seem burdensome, they can benefit those who properly plan. People with a significant estate will often schedule gifts each year to minimize their estate and, as a result, reduce the estate tax that would need to be paid upon their death. This strategy is an excellent way to save money for a family in the long run. This guide to gift taxes is simply an introduction. Be sure to speak with a tax professional or financial advisor when determining your gift tax responsibilities. You may also be able to learn a few new strategies that can protect your estate!
If you’re giving a substantial amount of money or property to someone, you’ll likely have to pay a gift tax. The IRS applies this federal tax on any individual who transfers assets to someone else without anything significant in return. You don’t need to worry about gift taxes if you’re just giving your child a small allowance, but when transferring thousands or millions of dollars, you will likely have to hand over a chunk to the IRS.
• Educational expenses • Medical expenses • Gifts to a spouse • Gifts or donations to political organizations or charities
Be sure to speak with your financial advisor or a tax professional on whether your gift requires a tax. You always want to err on the side of caution.
What does and doesn’t require a gift tax? Gifts include property, bank account transfers, cash, stocks, vehicles, art, lenient loans, and more. Sounds like everything, right? Well, a few
How much can you give? As of 2023, you can give up to $17,000 per
individual annually free of tax, meaning you aren’t limited to gifting just one person before you’re hit with a gift tax. If you’re
WHAT IS ETHICAL INVESTING? Use Your Values to Make Financial Decisions
• Climate change • Waste management • Gender and racial discrimination • Employee safety • Accounting practices However, ethical investing follows a more comprehensive approach and considers ethical matters that may not be discovered when assessing a company’s ESG standards. Some ethical concerns may include:
Do you want to start investing but are wary of funding large corporations with questionable ethics? Ethical investing is when people make investment decisions that align with their morals. When investing ethically, you support sustainable companies committed to widespread positive social change. Of course, “ethical” is subjective and means various things to different people. Ethical investors often research companies before investing to discover how the business impacts the world around them. These can concern human rights, environmental sustainability, and more. What is the difference between ethical and ESG investing? Ethical investing is similar to ESG investing, which evaluates a company’s environmental, social, and governance (ESG) standards. The difference? Ethical investing takes it a few steps further. For example, ESG investing looks at issues that can include:
Stanley Institute for Sustainable Investing found the return on investments focused on ethical choices was not noticeably different from traditional investments. It doesn’t hurt to care! Ethical investors actively work to support moral values in businesses and encourage sustainable practices. As more and more investors choose to support these companies, other businesses are pressured to clean up their acts and work harder to make a difference. Our ethical values, applied to investment choices, can make a huge impact! No one needs to throw away their values to start investing.
• Fossil fuel usage • Weapons production • Human rights • Child labor violations
It’s entirely up to the investor to decide which causes they want to invest in or eliminate from their investment portfolio through the companies they research and choose. Do ethical investments have high returns? While not all investments can guarantee a high return, one 2019 study by Morgan
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ART THIEVES MADE HER FAMOUS A Little-Known Painting Caused Worldwide Frenzy On Aug. 21, 1911, Vincenzo Peruggia made history and immortalized a once unnoticed painting. Leonardo Da Vinci’s “Mona Lisa” was stolen long before the iconic painting was heavily secured as it is now. Peruggia and two other Italian handymen stole the now-infamous portrait from the Louvre. What ensued is one of the most internationally followed thefts of modern times.
GRILLED HALIBUT WITH ROASTED RED PEPPER SAUCE
Inspired by: FoodAndWine.com
Ingredients
• 1 tsp kosher salt • 1/4 tsp black pepper • 1/2 cup olive oil • 4 6-oz skin-on halibut fillets
• 1 16-oz jar roasted red bell peppers, drained • 5 garlic cloves • 1 tbsp sherry vinegar • 2 tsp honey
Historian James Zug shared with National
Public Radio the odd nature of Peruggia’s choice of art, as “the ‘Mona Lisa’ wasn’t even the most
Directions 1. In a food processor or blender, mix bell peppers, garlic, vinegar, honey, salt, and black pepper until smooth. Transfer sauce to a bowl; whisk in oil. 2. Into a large plastic zipper bag, pour 1 cup of sauce; add halibut fillets and seal bag; turn to coat fillets. Let marinate in refrigerator for 20 minutes. Reserve remaining sauce for serving. 3. Preheat a grill to medium-high (400–450 F). Remove halibut from marinade; scrape off excess. 4. On oiled grill grates, arrange fillets and grill, covered, until fish flakes easily, 4–5 minutes per side. 5. Transfer fillets to serving plates or a large platter. Drizzle with reserved sauce. Serve alongside preferred veggies and crusty bread.
famous painting in its gallery, let alone in the Louvre.” The painting was so inconspicuous that it took a whole 28 hours before anyone realized it was missing.
Headlines ran worldwide of the mysterious theft and even pointed suspicion at the famous American art lover and tycoon J.P. Morgan and renowned artist Pablo Picasso! Tensions were building in Europe as World War I was imminent, and that soon led to suspicions of German interference. The Louvre was shut down for nearly a week amid the frenzy but soon reopened with an empty space where the “Mona Lisa” once hung, bringing in countless spectators. It actually took an entire 28 months before the painting was finally returned. When Peruggia and his crew could not sell the picture due to the sheer magnitude of the investigation, they tried one last-ditch effort over a year later to sell it, only for them to be reported and finally arrested. His sentence? Eight months in prison! After his capture, the art thief changed his story from looking to sell the painting to wanting to return the “Mona Lisa” to her country of origin as a symbol of national pride. Noah Charney, a professor of art history and author, explained that the theft made the “Mona Lisa” famous. “There was nothing that really distinguished it per se, other than it was a very good work by a very famous artist — that’s until it was stolen,” Charney detailed. “If a different one of Leonardo’s works had been stolen, then that would have been the most famous work in the world — not the Mona Lisa.”
TAKE A BREAK
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Inside This Issue
Protect Your Golden Years With Elder Law
1
There’s a Tax on Gifts?
2
Ethical Investing Explained
Grilled Halibut With Roasted Red Pepper Sauce
3
How Did ‘Mona Lisa’ Become Famous?
The Endless Fight for Jimi Hendrix’s Estate
4
Jimi Hendrix Left a Legacy Without a Will THE HENDRIX FAMILY FEUD
Meanwhile, Jimi’s brother Leon continuously argued he should inherit his brother’s estate since he was closest to him. He tried to reason that if Jimi had made a will, he would be named the inheritor. The argument didn’t hold up in court. Then, sadly, Al passed away in 2002. In Al’s will, he didn’t give Leon control of Experience Hendrix LLC — he gave it to his daughter Janie Hendrix, Jimi’s step-sister. Again, Leon tried to persuade the court he should have control of the late musician’s estate. But Janie’s name was on Al’s will, and Leon was noted to have been removed since he struggled with drug abuse. Now, Janie continues to successfully run the family business and keep the legacy of Jimi Hendrix strong.
We often hear about celebrities’ haphazard wills (like Ike Turner and Aretha Franklin), but what happens when a celebrity passes without one? This legal catastrophe occurred when legendary guitarist Jimi Hendrix passed away at 27. The result was a long legal battle, explosive family division, and ongoing lawsuits. Jimi Hendrix, known for classic hits such as “All Along the Watchtower” and “Voodoo Child,” died abruptly, leaving his massive estate without a designated beneficiary. Without a will, the court must follow the laws of intestacy, and as Jimi had no wife or children, his estate would go to his parent, Al Hendrix. However, in 1990, Al sued Jimi’s lawyer for mishandling his son’s music rights. After winning the case, he created Experience Hendrix LLC, a family-owned organization that controls the legacy of the guitar aficionado.
Noel Redding and drummer John Graham “Mitch” Mitchell sued the Hendrix estate, claiming they deserved a portion of the profits, but Experience Hendrix LLC sued them for the invalid claims, and their battle is still ongoing. Let this chaos be a warning that you shouldn’t wait to create your will!
However, the legal mayhem isn’t over yet. In 2022, the families of bassist David
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