The following video clips are from Berkshire Hathaway Annual Meetings where Warren Buffett fielded questions regarding estate planning: 2013 Annual Meeting: 2023 Annual Meeting:
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Sometimes you just have to say No “No” isn’t a four-letter word. Saying “no” isn’t necessarily bad and you shouldn’t feel bad when you say it. Part of saying no means taking a stand. It can mean standing up to injustice. For example, our legal system is, for the most part, dependent on people saying […]
Some people want to control others. This reminds me of the Bible story in Genesis 27 where Jacob stole Esau’s blessing. We’re not going to focus on Jacob. Instead, we’re looking at his mother, Rebekah. That’s why this is under the heading of control, not greed. Isaac and Rebekah were unhappy when Esau married two […]
Fear is a powerful motivator. The Bible tells us to fear not. Stonewall Jackson (and others) are attributed as having said “Never take counsel from your fear.” Nonetheless, people act based on fear. In 1 Kings 19, Elijah had executed all of the false profits leading Israel astray. King Ahab whined to his wife, Jezebel. […]
Tradition can be a powerful motivator. Traditions can be like laws, meaning the group following them will not accept any change or departure from their custom. Traditions can also be a way of acting that varies with life changes. In 2 Thessalonians 2:15, Paul urged the Church to stand fast and hold to the traditions. […]
This is the first in a series of posts exploring why people do what they do. In this post, we’re discussing certainty. When I was a young lawyer, I worked on a corporate team where Fortune 500 companies paid tens of thousands of dollars for certainty. When they signed a contract, they wanted to know […]
Until recently, the IRS has said little (if anything) regarding whether assets the beneficiary of an irrevocable trust receives get a step up in basis following the Grantor’s death. With issuance of Revenue Ruling 2023-2, that has changed. The IRS has spoken. In RR 2023-2, the IRS posed the following hypothetical which I’ve edited slightly: […]
In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3, at least in cases where the trial court approves direct payment to a trust. Prior to passage of HB 620, Section 29-3-3 read as follows: 2021 Version For purposes of this Code section, the term […]
The following is a mishmash of information on various Elder Law, Special Needs Law, and Estate Planning issues. It also includes anything else we found interesting during the month of June, 2023. We will continue updating from time to time throughout the month. Last updated 6/8/2023. Keep in mind, you are using linked content at […]
In McGee v. State Dep’t of Health Care Servs., 2023 Ca. App. LEXIS 409 (Cal. Ct. App., 3d Dist. 5/24/2023), Diana McGee established a special needs trust under the provisions of 42 U.S.C. § 1396p(d)(4)(A). This followed a malpractice action and settlement. Dianna suffered from short bowel syndrome, which impaired her ability to care for […]
