You Choose the Wrong State: LLC Mistake Number Two

Asset Protection. Most people set up a limited liability company for asset protection, that is protection against the consequences of losing lawsuits. But, since LLCs have become so common and there are many non lawyers who are glad to put them together for you. Many people set them up without expert advice and make many mistakes.

Choice of Law. When you set up an LLC, you have to file “Articles of Organization” with a state government. The laws of the state in which your file the initial Articles then becomes the law that applies to the LLC. You do not have to choose the state in which you live or in which the property is located. Just as with Delaware Corporations, you can shop around and choose the best state in which to form your LLC. Many people who form their own LLCs incorrectly assume they have to set up the LLC in the state in which they live.

Enterprise Liability. LLC protections against lawsuits have two completely different aspects. These two are not usually understood by most people. The first one is protection against enterprise liability. That is, if you own a rental house in your own name, and the tenant has a big party and someone slips and falls on a broken beer bottle, the injured party goer may sue you for their damages. If the party person gets a judgment for $2,000,0000 against you and your insurance pays up to its top limit of $500,000, then the party person can come after your home, bank accounts, stocks, bonds, shares in your business corporation and maybe your IRA until they get the rest of $1,500,000.

Limited to the LLC Assets. If you own the house in an LLC, then in most states, the maximum that the party goer will get from their judgment is the liability insurance on the house and the equity in the house. Your liability is “limited” to what is owned by the LLC. The judgment creditor gets a judgment against the LLC and not you, unless they can prove you were at the party and threw the beer bottle at the injured party goer. LLCs and Corporations, if properly maintained, provide this “enterprise liability” protection.

Creditor Protection. There is a second type of liability protection that refers to “creditor protection”. In Virginia and Delaware, an LLC provides you greater protection than a Corporation formed in any state or LLCs formed in many other states.

Personal Judgment. You are in auto accident. At trial, the jury doesn’t like you, finds you at fault and renders a $2,000,000 judgment against you personally. You were driving so you are personally at fault and the judgment is against you and all of your assets. Your limit on your insurance pays $500,000 to the creditor and the creditor comes after you for the $1,500,000 balance. When entered in a court of record, that $1,500,000 judgment automatically becomes a lien against any real estate you own in your name in the county of that court and quickly goes on your credit report.

Personal Judgment Protection? You put your rental house into an LLC to protect against liabilities coming out of that enterprise. Will your LLC also protect you against the auto accident liability?

Collection Process. When a judgment is entered against you by a court, that is the beginning of the collection process. First, the judgment creditor can have the court issue a subpoena for you to appear in court to list all of your assets. Next, the creditor takes this information and starts to levy on your assets. For certain assets, the creditor may request that the judge order a court sale of the asset.

Sale on the Court House Steps. Prior to the change of the law in Virginia, a creditor could get a court order requiring the sale of your membership interests in your LLC to pay for a personal judgment. Today, this could happen still with an LLC formed in the District of Columbia, Maryland and many other states.

Charging Order Sole Remedy. When looking for a state in which to form an LLC, you look for the phrase in the state’s LLC law: “… the entry of a charging order is the exclusive remedy of the creditor” or similar language. This means that the creditor can only get a court order requiring you to pay over any money you take out of the LLC, but can not require a sale or seizure of your membership interest by court order as they are able to for your bank account or stock portfolio.

Encourages Favorable Settlements. Where state law of your LLC says that the charging order is the exclusive remedy, the creditor has to wait for distributions to come out of the LLC for the creditor to get paid. If the LLC distributes nothing, the creditor gets nothing. This is “creditor protection” and encourages settlements of the creditor’s claims and large reductions in the amount you will have to pay the creditor. Careful people will own most of their cash and brokerage accounts in an LLC for this reason.

Choose the Right State. If you choose the wrong state to form your LLC, you will not have this creditor protection. If you choose Virginia, Delaware and certain other states, you will. Can you live in Maryland and have the advantages of a Virginia LLC? Most state LLC statutes state that the law of the state in which you set up the LLC determines the rules applicable to that LLC. You should choose the state with the best law for what you are trying to do.

Counterattacks. It is possible that a local Judge may try to get around the state law and order a sale of the LLC interest. But, there appear to be very few cases on this issue at this time, probably because there is enough uncertainty to the creditor that these cases get settled. The results in a federal bankruptcy court may be different. There are additional costs for multistate registrations, but, with the right state, you have built a high hurdle for the aggressive creditor to jump over. We will cover how to keep the hurdles high in later blogs.

Choose Wisely. Choose the right state law for your LLC.

Delaware: Still A Great State, Just Don't Live There

Taking More of Your Money. When you and I have less income coming in, we cut our expenses and maybe use some savings. But, when government has less income, they take more of our income by raising taxes.

Reinstated Estate Tax. The Delaware legislature effective July 1, 2009 raised taxes by reinstituting an estate tax on its residents. There was a trend of some states, such as Virginia, in eliminating state estate taxes. This means that Delaware may no longer be a safe haven for retirees fleeing high tax Maryland and the District of Columbia.

Have they lost their minds? Does this mean Delaware is no longer a good place to set up a corporation, limited liability company or a trust? Most know that Delaware is where many major US corporations are “Delaware Corporations” to take advantage of Delaware corporate laws and a specialty court system well trained in commercial law. Delaware is also a top state for forming limited liability companies; we will discuss the advantages of Delaware LLCs in future blogs. We rely on Delaware politicians to provide us better law than we can get from our own politicians where we live. Delaware government receives substantial revenue from out of state business registrations and the selling of Delaware law employs thousands of people in Delaware. There is hot competition between Delaware and Alaska, Nevada and South Dakota for this business. It does raise suspicions about the ability of politicians in Delaware to keep from ruining the status of Delaware as one of the top tier states for planning.

Advantages. Delaware has many advantages for setting up your trust in Delaware:

*Keep the Family Business. The ability to use an Administrative Trustee which enables family to retain control of a real estate portfolio or a family business after the death of founder of the business or of a mini real estate empire.

*Avoid State Taxes. In Virginia, New York and certain other states, with a properly structured Delaware non grantor trust, you are able to avoid state capital gain taxes on sales of stocks held in a Delaware Trust by non residents.

*No Frontier Justice. The Delaware Court of Chancery has judges that enforce the law (not make it up as they go), understand complex structures, do not pander to local prejudices, and do not have their own agenda to “share the wealth”.

*Protect Your Assets. The ability to set up a trust and obtain certain asset protection and a limited ability to benefit from the income from the trust, available in only a hand full of other states.

*Build Generations of Accomplishment. The ability to have a trust that will last for several generations, something that can be done in Virginia and Maryland, and a minority of other states.

*Stop the Greedy Son in Law. The ability to set up a trust for a child and to avoid claims of the spouse of the child against the Delaware trust assets.

*A Century of Performance. Delaware has been a leader in trust law for over a century, unlike its competitors in Alaska and Nevada.

*Protect Bank Accounts. Establishment of bank accounts that may not be subject to the claims of creditors.

*Motivate New Wife and Kids of Former Wife to Cooperate. The opportunity to use total return trusts to reconcile the interests of a spouse of a second marriage and children of a prior marriage.

Residents Pay an Estate Tax. Is this all ruined by the new Delaware tax on estates? The Delaware tax applies to residents of Delaware. As a resident, you will be exempt from estate taxes on the first $3.5 million of assets in 2009, certainly better than the $1,000,000 limits of DC and Maryland. But, if the federal government allows the federal tax exemption go to $1,000,000 in 2011, then residents of Delaware will pay taxes on their estates greater than $1,000,000. The tax will range from 9.6% to 16%, should be deductable from federal tax, and results in an effective rate of 8.8% for the estates paying at the 45% federal rate.

Beware of the Non Resident Tax. It only applies to a non resident to the extent that the non resident has real estate or “tangible” property in Delaware and the non resident has an estate greater than the federal exemption. Tangible property are things you can touch such as an antique pool table, a mint condition yellow Edsel, a record cover autographed by Elvis, a 3rd century hand decorated Turkish bible, 12th century Japanese Samurai armor, first addition movie posters, platinum necklaces and your gun collection. Because of this new Delaware estate tax, you may want to avoid having a beach house in Delaware and will want to keep your collectables in Florida, where there is no estate tax, if you are subject to a federal estate tax. As a non resident, your stocks, bonds, checking accounts, insurance policies inside your Delaware Trust are not subject to this new estate tax.

Delaware is still a great state for planning, just don’t live there.

Who Will take Care of Your Children if You Can Not? The Michael Jackson Case

Choosing A Guardian. The hardest part of estate planning for parents with minor children is choosing who will take care of their children if both parents die before the children are adults. Because this is such a difficult decision, it often is never made, with tragic consequences. But, even where a parent has made a choice, the courts are not bound by the parent’s will, and may appoint an ill suited ex spouse, the worst nightmare of a caring parent. This is front page news in the Michael Jackson case.

Jackson’s Will. Michael Jackson’s will designates his mother, Katherine Jackson, as the person to receive custody and to be the guardian of his three children, 12-year old Prince Michael, 11-year old Paris Michael and 7-year old Prince “Blanket” Michael II. But, Jackson’s ex-wife, Debbie Rowe is negotiating over custody with Katherine Jackson. The Los Angeles Court had delayed until July 20 a ruling on who will receive permanent custody of the children by a joint request of Katherine Jackson and Debbie Rowe. See Michael Jackson's Will Here.

Is Debbie the Mother? Debbie Rowe claims to be the mother of Prince Michael and Paris Michael. The mother of Blanket was an unknown surrogate. Michael Jackson and Debbie Rowe were married in 1996 and divorced in 1999, with Rowe giving full custody rights to Jackson in the divorce. Reports are that Michael Jackson paid Rowe $8 million and gave her a house in Beverly Hills to get her out of

the life of his children. An agreement giving up her parental rights was later set aside by a court in 2004, but Rowe and Jackson entered into another agreement in 2006 for allegedly an additional large payment. TMZ reports that Rowe was not the biological mother, but actually a surrogate mother. This is denied by Rowe and is probably irrelevant because previous court decisions have treated her as their mother. Reports are that Jackson and Rowe reportedly had little of a real marriage, no contact since the divorce and that there is no relationship between Rowe and the children, Prince and Paris.

Primacy of a Parent. If there is a big court battle between Katherine Jackson and Rowe, many legal experts think Rowe would likely be given custody of the children even though Jackson’s will chooses Katherine, someone who has a strong relationship with the children. First and foremost, a sole surviving parent has often a decisive legal right to the custody of their children. Rowe’s attorney might make a case that Katherine, nearing 80, is too old, and that her husband, Joseph Jackson, was abusive to his children, making their home not a healthy and safe place for Michael’s children. Katherine’s advocates would fire back that Debbie has no regular contact with the children and gave up her custody rights for money.

What to Do. What does all of this tragic soap opera mean for us? In estate planning, one of the most wrenching problems is making sure that the children of a responsible parent do not end up with an ex spouse who is irresponsible. The basics are that your designation of a friend, new spouse, or your parent as the guardian for your children in your will is not legally binding on the court. What can you do?

1. Name the Guardian and Alternatives in your will. If you do not have a will, the court will appoint a guardian for you. Name a primary and at least one back up guardian.

2. Give the reasons for your choice. Put in your will, your cogent and persuasive reasons for your choice of guardians. I am not talking about: “my ex husband is a bum and a drunk”. But if the ex husband beat the children, is an alcoholic and you have proof, then include that.

3. Fund the Fight. In your living trust, emphasize the importance of your choice of guardians and require the trustee to spend funds from the trust assets to buy the best legal talent to fight for custody.

4. Reference any court orders, doctor’s findings or other evidence that shows the ex spouse would be a bad choice for guardianship. Even siblings and close friends will not be able to find old court cases or testimony determining custody in a divorce or even know that they exist. In one case, we put in the will the report of the examining psychologist that the mother was an alcoholic and suffered from acute mental disorders and was an unfit mother and should receive no custody of the children in the divorce proceeding. But, with this likely testimony, the ex wife gave up custody before the hearing so there were no formal court findings in the record. If we did not have the information in the will, no one may know about it. You might be concerned that the will is a public document and you might prefer a private statement. However, the will is likely to be admitted as evidence before a court and a separate statement may be excluded from consideration by the rules of evidence.

5. Have the Guardians involved with your children. When possible, have the prospective guardians be a part of family gatherings and even do some babysitting. An important factor is the relationship between the guardians and the children.

6. Choose Your Guardians Well. Choose responsible people who do not have a criminal record or a history of child abuse and who have experience as good parents.

You might say, well, I will just buy off the ex spouse in exchange for their parental rights. Michael Jackson appears to have tried that, but the Court set it aside. A contract to sell your children is probably not enforceable and in many cases is a crime in California and other states.

Will Taxes Destroy the Michael Jackson Estate?

Death and Taxes. Will the headlines next year say that estate taxes have destroyed the finances and estate of Michael Jackson? There is not sufficient information available to the public to know now for certain, but from what we have heard, it appears that the late star’s estate will run into big problems with the Internal Revenue Service.


At the time of Michael Jackson’s death, the amount exempt from federal estate taxes is $3,500,000. To determine the taxes due from his estate, you must add up everything he had control over, had an ownership interest in or was part of his taxable estate under a complex series of rules. Figuring this out may take years.

Calculating Your Taxable Estate. For most people, your taxable estate means your total equity in your real estate, your retirement accounts, your savings and checking accounts, your stock and bond investments, your business interests, your life insurance death benefit, your cars and everything in your home. In counselling with people, I generally find that people are shocked as to how much is subject to estate taxation. Recently, a husband and wife consulted me about planning their estate. They are both practicing CPAs preparing income tax returns for other people. They said they didn’t have an estate tax problem, but when I totaled it up and looked at how they owned their assets, they had a significant estate tax problem.

Jackson’s Assets. According to press reports, the largest asset of Michael Jackson was half of Sony/ATV Music Publishing, a 750,000 song catalogue that includes music by the Beatles, Bob Dylan, Neil Diamond and others. The speculation is that the Jackson share is worth somewhere between $500 million and $1.25 billion. Reports indicate that although Jackson owned this in a protective trust, he had used this catalogue to secure loans and that his creditors could force a fire sale of this asset. Jackson also had interests in his own songs and recordings, which are skyrocketing in value after his death.

Billion Dollar Estate. So, let us assume all of the assets of the Jackson estate are worth $1,000,000,000 (one billion), a figure often mentioned in press reports. He has a lot of debt which does not go away because he died. Reports are that his debt is from $400,000,000 to $500,000,000. Let us assume the middle with $450,000,000 of debt.

Net Estate over ½ Million. This means that his gross taxable estate is about $550,000,000 (one billion minus $450,000,000 of debt). From this you will subtract legal, accounting and other fees of the estate that could range from $5,000,000 to $50,000,000, depending upon the costs and commissions to sell his assets. So, Jackson’s net taxable estate, after subtracting $26.5 million in fees and expenses and his $3.5 million exemption from estate taxes (if still fully available), would be about $520,000,000.

Pay $230,000,000 by March. The federal rate is 45% so the Jackson estate would owe about $230,000,000 in estate taxes to the federal government. When? Nine months after his death, in March of 2010. In cash.

Creditors Sued Him. Jackson had been fighting his creditors in court for the last several years. He successfully fought an attempt to auction many of his personal possessions earlier this year. He had been sued by his former publicist, video director, attorneys and financial advisors. A financial backer bought Jackson’s Neverland Ranch just before the property was to be sold at auction to cover back debts.

World’s Most Powerful Collection Agency. If you do not pay the IRS the estate taxes due in nine months, the IRS can lien and sell your property at a distress sale. You can ask the IRS for more time to pay, but this is often in the discretion of the IRS. Given Jackson’s debt problems before his death and the public exposure of this case, do you think the government will give the Jackson estate a break that they may not give to the average person?

Forced Sale of Assets. If Jackson couldn’t pay his bills during his lifetime, where will his estate get the $230,000,000 by next March? Will the IRS force a sale of his assets at fire sale prices? This has happened in other estates where the family ended up with pennies on the dollar compared to the millions the family thought they would get.

Was there Tax Planning? Jackson could have hired tax planners who could have eliminated most of these federal and any state estate taxes. You may be shocked to know that someone can die worth half a billion and not pay significant estate taxes through clever planning. Alternatively, if you don’t plan, the tax system can wipe out most of the value of your estate. Yes, that is the system we have now and it is going to continue this way for years to come.

The world is mourning the passing of this music legend. His legacy is not just money and will live on regardless of what happens to the finances and taxes of his estate. But, his estate is heading for a show down with the most powerful collection agency in the world.

First LLC Mistake: You Signed the Articles!

Why do you set up a limited liability company (LLC)? Because you want to have at risk only the money and property you choose to put into your LLC; you do not want to risk all of your other assets if there is a failure of the LLC business. You want to limit your liability from business activities.

Example: Susan owns five rental houses, A, B, C, D and E. Susan is sued on house A which she owns in her name. She loses the lawsuit and suffers a judgment against her for $500,000. As a result, all of Susan’s assets are at risk to pay the $500,000. The person who gets the judgment against Susan (judgment creditor) uses the judgment to sell house A through a court sale or foreclosure. The net proceeds of the distress sale of house A are $50,000 and all of this goes to the judgment creditor. She still owes $450,000 to the judgment creditor. The judgment creditor has houses B, C, D and E sold at distress sale prices for total net proceeds of $200,000. Susan still owes $250,000. The judgment creditor then goes and takes the money out of the savings, brokerage accounts, home, stamp collection and other assets of Susan until she has paid the entire $500,000, plus interest, legal fees and costs.

Is the LLC the solution? Susan does not like this. She does not want her savings and other assets put at risk as a result of her investments in rental houses. Susan hears that a limited liability company (LLC) can limit her liability.

LLCs became popular in America in the last 20 years. Basically, an LLC is a legal entity you set up under state law. Once you have the LLC and you keep it in force and if there is a judgment against the LLC, the judgment creditor is only supposed to get the assets in the LLC. The judgment creditor can not come after the assets of the owners of the LLC, unless the owners contributed personally to the reasons for the judgment. Thus, if it works and all of Susan’s houses are titled in the name of Susan’s LLC, then the $500,000 judgment creditor gets all of the five houses owned by her LLC, but can not come after Susan’s savings accounts and other assets.

Personal Judgments: If Susan had an auto accident where she was found at fault and the person she injured obtained a judgment $1,000,000 against her above the insurance limits that Susan had, then Susan is personally responsible to pay the $1,000,000 that her insurance company will not pay. In some states, if Susan’s houses are owned by her LLC, then the $1,000,000 judgment creditor can not use the judgment to sell her houses.

Pre Lawsuit Asset Search. Trial lawyers make their money by suing people and insurance companies who can pay money. The wealthy trial lawyers pick cases very carefully and will often order an asset search before deciding to sue someone. Go to the internet and search for “asset search” and you will find many companies who are ready to find out what you own for a fee. One private investigator says that he can find out what most people own in a couple of hours!

First Mistake: Susan decides to save on legal fees and files the papers for the LLC herself. This means that Susan’s name is in the public record as owning the LLC. When the trial lawyer is deciding whether to sue Susan, the trial lawyer finds through these state and local records that Susan is the owner of her LLC which owns multiple properties, making Susan a desirable target for a lawsuit. Using the internet, this may take fifteen minutes or less. The trial lawyer may be able to force a sale of the houses owned by Susan’s LLC to pay a future judgment. Susan has greatly decreased the asset protection available from the use of an LLC.

Do Not Sign the Articles. Instead, if Susan retained a well informed lawyer to file the Articles of Organization with the state, then in many states, Susan’s name would not be in the public records either for the LLC or as the owner of her houses. The asset investigator may not find out that Susan owns five houses. If an investigator calls the attorney’s office, we treat this as a private matter and subject to the attorney client privilege. We don’t tell the investigator who owns her LLC unless Susan instructs us to tell the investigator. Normally, there is no legal right for a private investigator to force us to say who owns the LLC or LLC property before the filing of a lawsuit.

Top Ten Mistakes. Certainly, when Susan is sued, she will probably have to tell the trial lawyer what she owns, including the LLC, through the litigation process. But, if Susan does not make the First Mistake, she may not be sued in the first place. But, if Susan is sued and she has not made the top ten mistakes in setting up the LLC, there is a good chance of a reduced quick settlement paid entirely by insurance.

This is the First Mistake. We will take about the other Nine Mistakes in future blawgs.

When is a Tax Cut a Tax Increase?

When is a tax cut a tax increase? Or a tax increase a tax cut? In the case of estate taxes, it is both a tax cut and a tax increase.

President Obama is proposing that the federal exemption for estate taxes stay at its current 2009 level of $3.5 million for the next several years. An exemption of $3.5 million means that you have to have over $3.5 million in your taxable estate to pay any federal estate taxes. But, under the Bush tax cuts, there will be no estate taxes in 2010 and if you have an estate over $3.5 million in 2010, you pay no federal estate taxes under current law. Thus, with Obama's continuation of the estate tax in 2010, with an exemption of $3.5 million, there will be a tax increase in 2010 for you if have an estate in 2010 over $3.5 million. So, for you dedicated tax avoiders who will do anything to save taxes, forget going to your reward in 2010.

In this crazy world of taxes, the Bush tax cuts expire starting 2011 and then the federal tax exemption will go back to $1,000,000. Thus, an exemption of $3.5 million will be larger than the $1 million exemption in 2011 and therefore a change to $3.5 in 2011 will be a tax cut. And this is a tax cut for the wealthy between $1 and $3.5 million, or for a couple, for a total of $7 million.

How do we know it is going to be $3.5 million? The Bush tax cuts are still the law. There is no bill ready for the signature of Obama for the $3.5 million. Any bills bouncing around Congress now are unlikely to be the one that puts it at $3.5 million.

But, Obama’s budget figures assume there will be a $3.5 million exemption next year and for several years later. The top lobbyists following this expect the Congress will pass and the President will sign a $3.5 million exemption in the fall. If they do not change the law to the $3.5 million, then with no estate tax in 2010, this will be a tax cut that the Obama budget can not afford, particularly when there are large deficits. If they dropped the exemption to $1 million, this would sweep in large numbers of those who live around the DC beltway and might foment angry mobs of wealthy people in suits, or at least, lots of campaign contributions to their opponent in the next election. A $5 million exemption or higher would let too many of the “rich” not “pay their fair share”. So, $3.5 is not too high and not too low, but just right. Most planners are betting on a $3.5 exemption for the coming years.

Who's In Charge of Your Funeral?

Most people do not put someone in charge of their funeral. Most people don’t sign a document that designates the person who will make funeral arrangements.

You say: Isn’t this covered by my will? No, because it takes weeks to get an appointment to be appointed the executor of your will and no one is going to wait weeks to deal with the body. They don’t put you on ice wanting for a decision. It is not common to cover this in your will.

But, I gave a general power of attorney to my trusted daughter/spouse/son/buddy. No, because powers of attorney expire when you do.

Well, I have this lengthy living trust with all sorts of things in it. No-the living trust deals with property not your physical body.

Remember the week long trial in 2007 on CNN with the Weeping Judge in Florida as to who had the right to bury Anne Nicole Smith?

Today, families are dispersed and according to recent statistics, most Americans do not live with a legally married spouse. Widows, widowers, live ins, divorced, living in nursing homes, never married, sisters, same sex couples, and singles now out numbered the number of people living with spouses. This means most Americans today do not have the automatic comfort of a caring spouse who will make these arrangements.

Fred died and wanted the love of his life, Ellen, his live in of 20 years to execute his funeral instructions that he had told her in detail. But, his estranged son, Edward, insisted that father’s body be cremated even though his dad’s religious beliefs forbade cremation. Dad was a veteran and wanted a Marine Corps honor guard and taps at his funeral, but the son disliked the military and failed to contact the Marine Corps to make such arrangements. Ed had quickly made arrangements with the funeral home as the oldest son and Ellen had no legal power to stop Ed. Ed didn’t even invite Ellen to the funeral because Ed resented Ellen as the cause of the divorce of his Dad and mother.

This is an emotional minefield when it comes to same sex couples where the partner has no legal rights under most state laws.

Contrast this Ted who planned his church service and funeral. He had two children and had an emotional divorce and shared a house with Mary, the later love of his life, whom he never married. One daughter, Judy, was estranged and Ted and Judy had not talked for years. But, Ted scripted the music, readings and remembrances for his church service and funeral and included Judy, his son, Mary, his ex wife and his closest friends as readers and participants in the service. When Ted died, he was a healthy 60 year old ridding his bike to the store and had a sudden and unexpected stroke. At the service, everything went smoothly and the family was brought back together with a warmth that I will never forget. No one expected Ted to die so suddenly, but Ted was a detail person and made sure he covered this detail.

You don’t have to devote yourself to the details that Ted did. You can simply sign a document indicating your wishes and have your lawyer do what is necessary to make it work. In Virginia, we have a very good set of statutes which allow people to designate who will handle their funeral, burial and autopsy. You have the choice to designate a spouse, child, friend, partner or anyone you trust. This trusted person must sign a notarized statement that they accept these duties. Also, you direct your trustee or executor to pay the expenses of the funeral out of your trust or estate.

The laws of the states vary a lot on this subject. Some states have virtually no law and leave it up to the funeral homes to choose the person who will make the arrangements.

Make sure you cover this important point in your estate planning with an attorney who has experience with this. Don’t have your final memory be the debacle at your funeral.