Articles written by kenneth kirk

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 By Kenneth Kirk    Columns    March 1, 2020

The sharpest (estate planning) tool in the shed

IPop quiz: What is the most powerful estate planning tool? Most people are thinking: “That would be a will, right”? And indeed, the good old Last Will and Testament is important, but it has its lim...

 

A lump of coal, and the Stretch is gone

Well, they did it to you. Right before Christmas, too. Your Congress sent you a nice Christmas stocking, but inside was a nasty lump of coal. They eliminated the “Stretch IRA”. I guess I had bet...

 

With planning you can bypass the guardianship system

I have had a lot to say about the problems with the probate system -- it’s expensive, it takes a long time, it is easy for a disgruntled heir or creditor to hold up the proceedings, it is very p...

 

Make those final arrangements for yourself

By KENNETH KIRK For Senior Voice Since I finally got my TV antenna adjusted, I’ve been watching more of those higher-number UHF channels, the ones with numbers in the 30s and 40s. A lot of those c...

 

Reader's question reveals legal complexities

In the last issue of the Senior Voice, a reader named Yvonne Gossett from Palmer asked what sounds like a simple question: When I die, will Medicaid take my life insurance? She complained that nobody,...

 

Covering the expenses of bequeathed property

I have long been a fan of Robin Williams. From the first time I saw him, in "Mork and Mindy," to his wacky comedy routines on stage, to hilarious movies like "Mrs. Doubtfire" and "Good Morning,...

 

The Class Act that was anything but

What I really wanted to write about this month was the legislation making its way through Congress which would dramatically change how inherited IRAs can be taken out over time. That is what I wanted...

 
 By Kenneth Kirk    Columns    August 1, 2019

Think you're covered? Not so fast

I don’t know how many times I have heard someone say “I don’t need to do any estate planning. I have a will and it does what I want”. Oh, I wish it was that easy. A will is a good and importa...

 
 By Kenneth Kirk    Columns    July 1, 2019

Were you admitted as an inpatient?

Here’s an interesting question: The last time you were admitted to the hospital, were you admitted to the hospital as in inpatient? “Kirk, you’re crazy as a loon,” you might respond, “of course I...

 
 By Kenneth Kirk    Columns    June 1, 2019

Oh no! Another holographic will

Seated across the desk from me is the dejected widow. Arrayed around her are her children, there to give support. The mood is sad, as it always is in the days after a husband and father has died. “I’m...

 
 By Kenneth Kirk    Columns    May 1, 2019

Another Alaskan myth bites the dust

I recently saw the movie "Bohemian Rhapsody", which tells the story of the rock band Queen and its lead singer, Freddie Mercury. Having come of age in the ‘70s, I found it interesting enough to l...

 
 By Kenneth Kirk    Columns    April 1, 2019

Another DIY estate plan gone wrong

I recently read an interesting case; it happened in British Columbia, but it could just as easily have happened in any U.S. state. The father owned his home. He put his daughter on the title as half...

 
 By Kenneth Kirk    Columns    March 1, 2019

A new thing: Supported decision-making

I’m not a big fan of the adult guardianship system. I realize it’s necessary; there are a lot of cases in which guardianship or conservatorship is absolutely needed and there isn’t a reasonable alter...

 

IRA? You've got some options

Very few people have to worry about estate taxes any more. Under the Tax Cuts and Jobs Act of 2017, only estates worth more than $11.4 million are subject to estate tax. However even fairly small...

 

Mortality: An ounce of preparedness

As I write these words, it has been only a few days since the recent earthquake. By the time you read these words in the Senior Voice, though, it will probably be at least a month out, and most people...

 

A jug of wine, a living trust, and thou

I’m not much of an oenophile. Occasionally I might enjoy a nice glass of wine with certain foods, but I can’t tell the difference between a Merlot and a Bordeaux. But despite my lack of sop...

 

How much is that probate in the window?

Sometimes when we talk about a particular subject a lot, we take it for granted that people know certain background facts. I realized this recently when I was talking about the high cost of probate...

 

Still true, forsooth, after 400 years

Ask people their favorite Shakespeare play, and chances are they will name Romeo and Juliet, or perhaps Hamlet or Macbeth. A few of the cognoscenti might name something else, but they’re just s...

 

Estate planning in the Trailerhood needs help

I liked Max Gruenberg. Max was a lawyer, and a long-time legislator. I did battle with him in both venues; as a trial lawyer, when we had cases against each other; and when he was in the State House...

 
 By Kenneth Kirk    Columns    August 1, 2018

Alaska is a Filial Responsibility state? Really?

You can’t believe everything you read online. You knew that already, right? For instance, I don’t know how many times I have seen a list online, showing all the community property states, and Alaska i...

 
 By Kenneth Kirk    Columns    July 1, 2018

The stuff you don't get can hurt you

One of the biggest problems with DIY estate planning (where you get a kit, or a program, or a form, and “do it yourself”) is that the stuff you don’t understand can ruin everything. But then, this...

 
 By Kenneth Kirk    Columns    June 1, 2018

With estate planning, you gotta know the territory

You can bicker, bicker, bicker You can talk, you can talk You can talk all you wanna But it’s different than it was. I love a good musical, and one of my favorites is The Music Man. And the b...

 
 By Kenneth Kirk    Columns    May 1, 2018

An attorney is the guardian of a person's voice in court

Adult guardianship cases are kind of a big deal. And sometimes, they’re difficult. On one side you have the Respondent. This is typically someone who has some kind of dementia, mental health issue, o...

 
 By Kenneth Kirk    Columns    April 1, 2018

That lawyer stuff at the end of the will

When you last signed a will, you might have noticed that after the main part of it, there was a bunch of added legal stuff. This is about that all-important added legal stuff. (Wait, you have signed a...

 
 By Kenneth Kirk    Columns    March 1, 2018

The patient, the surrogate and the pulled plug

This is a subject which, for a lot of people, is going to touch on some very personal, and perhaps painful, circumstances. Some years back, I was involved in a case involving termination of life...

 

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