When she died in 2007 at the age of 105, Brooke Astor left behind an estate worth an estimated $100 million and one that has been the subject of an ongoing legal dispute in a New York State probate court. The direct descendent of the first American multimillionaire, John Jacob Astor, also left behind a legacy tainted by allegations of elder abuse on the part of her son, Anthony D. Marshall. The dispute now appears to be over as the parties involved have agreed to a settlement.

The saga started after Mrs. Astor’s grandson, Philip Cryan Marshall, filed a lawsuit in 2006 asking the court to remove his father, Anthony Marshall, as Mrs. Astor’s Guardian. Since then, Mr. Marshall, age 87, and an attorney were convicted of defrauding Ms. Astor’s estate and stealing from her. They were each sentenced to one to three years in prison, though the conviction is currently being appealed.

Regardless of the outcome of the appeal the terms of the settlement dictate that Mr. Marshall will receive $14.5 million from the estate, or about half of his original inheritance. The rest is to be used to fund various charitable organizations and create the Brooke Astor Fund for New York City Education. Mr. Marshall will also not be able to choose which charities will receive donations from the estate or have any control over the charitable fund.

Byrd : Garrett, PLLC is a member of the American Academy of Estate Planning Attorneys.

As you develop your estate plan, your thoughts will naturally turn towards your funeral arrangements and the legacy you leave behind. Today, while choosing your tombstone, monuments, or other permanent marker, your available choices have expanded considerably beyond the traditional options. For some people, the option of choosing a digital marker is rather appealing, especially given the rather limited space and options that come with tombstones or other grave markers.

If you already have a presence on the Internet, you may wonder what happens to that presence after you die. For example, it’s estimated that about 400,000 Facebook users die every year in the United States. Where does their Facebook information go? What happens to their pages, or their websites?

While you cannot always choose what happens on another company’s website, or something on a social media page, you can leave a digital grave marker. This Will allow you to the ability to control your legacy better by including photographs, video, audio files, digital images and other digital information of your choice.

However, you should use caution if you choose to use any digital tombstone service. Technology changes so rapidly that what may seem like a good idea today may not exist tomorrow. If you are worried about an online presence where people can remember you, you should consider using redundant services or making specific directions in your estate plan.

Byrd : Garrett, PLLC is a member of the American Academy of Estate Planning Attorneys.

As the Supreme Court weighs the arguments for and against the challenge to the Affordable Care Act, states are weighing what will happen if the court decides to overturn some, or all, of the law. In particular, the court’s ruling on the expansion of Medicaid may have far reaching consequences that include more than just health care protections.

According to a recent story on National Public Radio, Medicaid currently provides healthcare coverage to 1 out of every 3 children. However, the program is still limited in that it is not generally available to people only if they are poor. A Medicaid recipient must also be older than 65, a child, a person with a disability or a pregnant woman.

The proposed expansion of Medicaid under the Affordable Care Act changes this requirement and expands coverage to anyone who meets poverty guidelines.

This is where the court’s decision comes into the equation. The states challenging the health care law say that if they don’t agree to the new provisions the federal government will no longer provide Medicaid funding. Medicaid is an optional program that states do not have to participate in. But, the Supreme Court may decide that programs that provide funds with conditions, such as Medicaid, highway funding, educational programs and child-welfare programs, are coercive. If so, it may change a fundamental way the states interact with the federal government.

Byrd : Garrett, PLLC is a member of the American Academy of Estate Planning Attorneys.

When singer Amy Winehouse died last year, media reports stated that she had left behind an estate plan in the form of a Last Will and Testament. However, recently filed probate documents show the opposite to be true and that Ms. Winehouse died intestate. This means she did not leave behind a Last Will and Testament. Because of this, her estate will pass in accordance with the United Kingdom’s laws of intestate succession, which effectively choose who gets her property, regardless of what she would have wanted. These laws also exists in the United States, and unless you want the same thing to happen to your possessions you will need to take steps now to avoid the same fate.

Tip 1: Have a Will.

A will is the easiest of estate planning documents to create, and one that allows you to choose how you wish your property to pass after you die. Unless you have a Will or other estate planning advice your state’s laws will determine how your property passes.

Tip 2: Go beyond a Will.

A Last Will and Testament is the bare minimum when it comes to estate planning. People with large amounts of assets will probably want additional estate planning protections that are not afforded in a Will.

Tip 3: Get a probate-avoidance plan.

If you want to create a more complicated plan that will help you avoid probate completely, you need to have a combination of jointly owned assets, trust property, and pay on death accounts.

Byrd : Garrett, PLLC is a member of the American Academy of Estate Planning Attorneys.

Though she died in October of 2005, civil rights icon Rosa Parks left behind an estate that is still being fought over in the Detroit area probate court. Since her death, the fight over her estate has occupied headlines and has even made it to the Michigan Supreme Court. Now, however, it appears that the lengthy battle may finally be nearing an end.

Part of the conflict has been over who owns the rights to a memorabilia collection owned by Ms. Parks. The collection is estimated to be worth between about $8 million and $10 million. In December of 2011, the Michigan Supreme Court declared that the memorabilia should be owned and protected by the nonprofit organization funded by her estate, the Rosa and Raymond Parks Institute for Self Development. This ruling was contrary to a previous order by a Michigan Court of Appeals that left the memorabilia to Ms. Parks’ nieces and nephews.

Earlier last week, a Michigan probate court judge stated that he would issue an order that would implement the Supreme Court’s decision within 30 days. The order would return the memorabilia to the nonprofit organization. If the memorabilia is sold, the Institute will receive 80 percent of the proceeds while the heirs will receive 20 percent. The judge also set an April 3 hearing date in which former court-appointed administrators must explain how the estate funds were handled previously, known as an accounting.

Byrd : Garrett, PLLC is a member of the American Academy of Estate Planning Attorneys.

Reason 1: Your health is better and you get insurance.

If you’re worried that your retirement plan may not have enough to cover your health care needs, you may want to give retirement a second thought. Not only will staying employed allow you to keep your healthcare benefits, but working regularly will also aid in maintaining your health. Having a job to go to every day, facing problems you need to think about and giving yourself a feeling of purpose and accomplishment are all very positive, and can lead to you maintaining your health for as long as possible.

Reason 2: You have a lot to teach.

If you decide to leave your job, that doesn’t mean you have to decide to stop working. Many retired people feel as if they are more busy after having left their jobs than before. Many of them go into mentoring programs or other teaching positions where they can pass on their knowledge and experience to others who are either starting their careers or in need of assistance.

Reason 3: You love your social life.

For many people work is not just what you do, it’s also an important part of your social life. Whether it’s merely the regular daily interaction with coworkers or work-related events that keep you in touch with other people, don’t neglect the impact your working life has on your social desires. Even hermits want regular contact with other people, and giving up work can significantly impact how much time you spend around others.

Byrd : Garrett, PLLC is a member of the American Academy of Estate Planning Attorneys.

Though it is still almost 2 years away, one key provision of the Affordable Care Act will extend Medicaid coverage to millions more Americans. Under the healthcare reform law passed in 2010, approximately 16,000,000 more Americans will be eligible for the Medicaid safety net on January 1st, 2014.

The expansion allows people with low income to receive Medicaid coverage. Previously, Medicaid was typically restricted to low income parents and children, people with disabilities and the elderly. Under the terms of the new law, anyone that meets household income requirements is eligible for coverage. The requirements state that a person or household must earn no more than 133% of the federally established poverty level.

Currently, that means that an individual who makes about $14,850 per year, or a family of four that earns about $30,650 per year, will become eligible for Medicaid coverage come 2014.

However, the Supreme Court of the United States is hearing oral arguments on a challenge to the constitutional basis of the Affordable Care Act. Experts say that the court will likely issue its final ruling sometime in the summer of 2012.

Even though the constitutional basis is being challenged, several states have adopted the expansion requirements already. Washington, New Jersey, Minnesota, Connecticut, and California, as well as the District of Columbia, have all begun the expanded Medicaid coverage program. The state of Illinois is also set to expand its coverage before the 2014 federally mandated deadline.

Byrd : Garrett, PLLC is a member of the American Academy of Estate Planning Attorneys.

For anyone in Washington who owns a gun, your estate plan should make specific provisions for the transfer of your weapons. In some situations it may be best to create a gun trust in order to transfer specific types of firearms restricted under federal law. Let’s take a look at a gun trust and the purposes it serves.

Issue 1: Restricted firearms.

Under the National Firearms Act, certain types of weapons cannot be owned, used, or transferred unless you first meet specific legal requirements. If you own a machine gun, sawed-off weapon, silenced weapon or explosive device, you must usually get the approval from your local chief law enforcement officer before you transfer such weapon to a new owner. By using a gun trust to transfer your weapons, you can avoid this step and instead apply directly to the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Issue 2: Privacy.

A gun trust allows you to transfer your firearms without having to go through the probate process, and it does not require you to file or register the trust with any government authority. However, you must still meet federal background check and restricted firearms registration requirements in order to transfer the weapons.

Issue 3: Creation and use.

While a gun trust is basically the same as other types of revocable living trusts, it is different in that you must ensure the trust has specific provisions that allow you to legally transfer restricted weapons. If, for example, your trust does not adequately allow for the transfer of trustee responsibilities if the current trustee is deemed ineligible to own or transfer restricted weapons, your trust could be invalid and may result in criminal sanctions against the trustee or the beneficiaries.

Byrd : Garrett, PLLC is a member of the American Academy of Estate Planning Attorneys.

Many people developing estate plans want to include a charitable organization in their list of beneficiaries. While you can give money to charity through your will or by creating a trust or other estate planning vehicle, the method doesn’t really help you in selecting a charity in the first place. Here are a few helpful tips you can use if you are having difficulty in selecting a charity.

Tip 1. Decide what is important to you.

Of all the worthy causes to give to, none of them will make you feel as satisfied as giving to a cause that is close to your own heart. Whether it is a religious organization, educational institution, nongovernment organization or any other type of charity, should pick one that supports a cause that you feel strongly about. Also, you should realize that you can’t give to every worthy cause out there, and feeling guilty about not giving to numerous causes should not stop you from giving to one that is important to you.

Tip 2. Investigate.

Not all charities are equal, and you should take the time to investigate the charity to determine if it is run responsibly. A good rule of thumb is that charity should give at least 60 percent of any donation to the cause of supports, instead of to overhead, expenses and non-charitable purposes.

Tip 3. Tell your attorney.

Once you’ve chosen the organization or organizations that you want to donate to, make sure you tell your estate planning lawyer so he or she can include it in your plan. If you fail to adequately address your charitable desires, they may go overlooked or ignored by a court when the time comes to distributing your estate.

Byrd : Garrett, PLLC is a member of the American Academy of Estate Planning Attorneys.

It sounds like the ideal problem to have, doesn’t it? A wealthy family member dies, leaving you a substantial inheritance that effectively means you never have to work again. It means that you can leave money to your children and ensure a lifetime of ease and comfort.

While that is the fantasy, the reality is often far from the truth. For many people who come into sudden wealth, a new set of problems often arises that can leave their lives worse off than they were before. Regardless of the source of the wealth, whether it is by some sort of lottery winnings or inheritance, people often do not know how to deal with the emotional, social, and psychological problems associated with sudden riches. If you are creating an estate plan and are planning on leaving a lot of money to others, you should carefully consider what this may mean as you create your plan.

Issue 1: A change in your life.

Becoming wealthy impacts every aspect of your life, including those aspects you may not want to change. For people who suddenly inherit money, they often find that friends, family members and strangers will treat them far differently than they had before learning of the new wealth. This can come as a shock and lead many people to depression and even seclusion. Many people with wealth often become very guarded as they feel that many of the people they meet are only interested in the person because of his or her money.

Issue 2: A lack of meaning.

Scientists who study happiness have found that while not having money can impede a person’s ability to be happy, having over a certain amount is no indicator of increased happiness. This essentially means that you need enough money to live, but having more money will not make you happy. Happiness often derives from a sense of purpose and meaning in your life, and having too much money can get in the way of developing these feelings as you are never really challenged to overcome any material or personal obstacles.

Byrd : Garrett, PLLC is a member of the American Academy of Estate Planning Attorneys.