Table of Contents
Additional Praise for
The 101 Biggest Estate Planning Mistakes
Estate mediators beware. This little book could put you out of business.
Robert B. Davidson, JAMS
Herb Nass has once again written a book that is not only a valuable resource, but interesting and fun to read. If the book was called 102 Biggest Estate Planning Mistakes, the 102nd mistake would be to not read this book. As Herb Nass points out, He who fails to plan, plans to fail. I would recommend this book to all my clients.
Jeffrey S. Gerson, Director, Wealth Management Morgan Stanley Smith Barney, LLC
Estate planning mistakes can and will have a profound impact on future generations. The 101 Biggest Estate Planning Mistakes is an entertaining view of serious personal business.
Peter C. Valente, Partner, Trusts & Estates Blank Rome LLP
Who would believe that a book about estate planning could actually be fun to read? Attorney Herb Nass has organized 101 possible estate planning mistakes in a brilliant and lucid manner, and has made this a must read for anyone who is going to die, even if you are not planning to die anytime soon, and even if you are a lawyer. I loved it.
Raoul Felder, Raoul Felder and Partners, P.C.
Herb Nass shows that in estate planning, common mistakes can lead to uncommonand costlyconsequences. Heres a book that can help you avoid many of them.
Martin Grant, Financial Advisor Bernstein Global Wealth Management
Herb Nass has a unique ability to convey important legal concepts in a straightforward, accessible style. The 101 Biggest Estate Planning Mistakes is no exception. Both professionals and laypeople will enjoy and benefit from this helpful book.
Peter Culver, Senior Director BNY Mellon Wealth Management
Herb Nass latest literary legal gem will point laypersons in the right direction and is an invaluable desk book and guide for every estate planner.
William Schwartz, Esq., Cadwalader, Wickersham & Taft LLP
Dedicated to:
My wonderful wife Jodi, whose energy, resourcefulness, and effervescence continue to be great sources of inspiration and support for me; and
Our two impressive children, Stephanie and Teddy, who are growing up so beautifully and of whom we are very proud.
Thank you all for giving me the time and space to write this book.
H.E.N. May 31, 2009
Preface
As an attorney practicing in the area of estate planning and trust and estate administration for more than 25 years at a big law firm (Paul, Weiss, Rifkind, Wharton & Garrison), at a medium-size law firm (Tenzer, Greenblatt, Fallon & Kaplan) and at a small law firm (Herbert E. Nass & Associates), I have seen and learned many things about the estate planning practice. I have witnessed, and often cleaned up, the problems that can arise when mistakes are made in the preparation of estate planning documents or in the administration of a trust or an estate. I have even made a few mistakes myself, but never the same mistake twice.
Over the course of my career, I have prepared and supervised the due and proper execution of thousands of Wills and handled hundreds of estates, both large and small. While handling those estates, I have represented numerous clients and met many characters. Most of them were quite nice and reputable, but there were a few shady ones as well.
In this book, I will share the 101 estate planning mistakes that I have seenand helped my clients avoidalong the way.
The mistakes described in this book run the gamut from the mundane to the arcane, and the ramifications of these mistakes can be nearly meaningless or of great significance from a financial and/ or emotional point of view. In some ways, this book is intended to be a guide for what not to do in your estate planning.
In the course of my legal career, I have had the privilege of assisting many smart, important, and even famous people with their estate planning. Of course, all of our clients are important, but some of the famous ones have included one of the greatest artists of the 20th century, one of the greatest actresses, one of the greatest, if not the greatest, baseball player/manager of all time, and even a few famous rock-and-roll stars. It is certainly an honor for us to assist people who are leaders in their fields, and we always do our best to avoid making these or any other mistakes when representing our clients.
In examples of mistakes that are based on my own experiences involving our clients, we have changed the names to protect the innocent (or the stupid). However, many of the most interesting mistakes involve celebrities about whom we have all heard and read. For example, Queen Leona Helmsley, in my opinion, made four mistakes in her Will, including leaving too much money to her pet (#16), not compensating the executors of her Will (#33), disinheriting her grandchildren out of anger or vindictiveness (#68), and directing that her pets remains be buried with her own (#84). As is more fully described in each of those sections, Leona made some big mistakes, but that may just be a function of the fact that she had a very big estate and a dog named Trouble( with a capital T).
But Leona Helmsley is not the only celebrity to make mistakes. We can have fun (and learn) by examining the nonsensical Will of Anna Nicole Smith (#40 and #45) and the Wills of many of my favorite musicians and performers, including Jim Morrison (#89), John Lennon (#41), Sonny Bono (#1), Ray Charles (#5), and Sammy Davis, Jr. (#9).
Many of the Beautiful People, including Jackie O. (#11), Andy Warhol (#14), Princess Diana (#86), and Doris Duke (#39) may have made some mistakes in their Wills or in the administration of their estates as well.
But even the little people, whom Leona Helmsley was infamous for saying were the ones who paid taxes, also make mistakes, and the 101 Biggest are full of these too.
Mistakes come in all shapes and sizes, and for the purpose of this book, which is often a guide as to what
not to do, the 101 mistakes that I discuss have been divided into the following 11 chapters, each with one central theme:
1. The Single Biggest Mistake Is Not Planning for the One Certainty in LifeDeath
2. Mistakes Involving Tangible Personal Property
3. Mistakes Involving Real Estate
4. Mistakes Involving Executors and/or Trustees
5. Mistakes Involving Guardians, Minors, or Step-Children
6. Mistakes Involving Prior Marriages, Prenuptial Agreements, and Significant Others
7. Mistakes Involving Tax and Copyright Issues
8. Mistakes Involving Disgruntled Friends and Family
9. Mistakes Involving Funerals, Burials, or Cremation
10. One-of-a-Kind Mistakes by Celebrities and Icons
11. Rookie or Bonehead Mistakes
Although the book will flow best reading from start to finish, there is no reason not to start reading the chapter that is on your mind at the moment.
I hope and trust that all of my readers will benefit from my experience as a practicing attorney in these fields for many years and will avoid making any of these 101 mistakes.