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The big lessons from celebrity estate wars

By Amy Feldman

(Reuters) – Philanthropist Brooke Astor. The Grateful Dead’s Jerry Garcia. There are a few celebrities who, in death, at least in certain circles, have become as known for the litigation over their estates as for how they lived their lives. While the dollars are mind-boggling in these cases, anyone thinking about wealth transfer faces the same issues: dysfunctional families, potentially unequal positions in the family business, perhaps multiple marriages with kids from each.

We spoke with Russell Fishkind, an estate attorney and a partner in the East Coast law firm of Saul Ewing and author of “Probate Wars of the Rich and Famous: An Insider’s Guide to Estate Planning and Probate Litigation,” about what regular folks can learn from these high-profile estate battles.

Q: What’s the most common scenario you see?
A: Hands down, most common was a second marriage, or third marriage, with children from multiple marriages. If the estate plan does not adequately provide for Spouse No. 2 and for the children from the first marriage in a way that tries to achieve equality, you’re basically buying a litigation case. The two most notable celebrities were Anna Nicole Smith, who at 26 married an 89-year-old billionaire, and Jerry Garcia, who had numerous children with different women, and then, just before he died, married Wife No. 3. The first turned into the longest estate litigation case we’ve seen in 100 years. The second led to litigation over custom guitars, Cherry Garcia ice cream and Jerry Garcia ties.

Q: What’s happens if the family is in business together?
A: A huge amount of our wealth is from family business owners, and often mom or dad runs the business, and one or two children are in it, and one or two children are not. If I’m a dentist in California, should I not get a share of the business? Or what if the son in the business gets gifted the business? There are a lot of emotional ticking time bombs in family businesses that create litigation. The most shining example of that would be the Koch brothers, who had the largest family-owned business in the United States, and feuded for decades.

Q: In the case of Brooke Astor, there was fraud. Does that happen much?
A: I see a lot of these cases. When mom is alone and weak, and one child starts caring for her, somewhere along the line they start thinking they are entitled to more than their fair share. So the person will go to UBS or Morgan Stanley, and say, ‘Mom wants to change title from her to me because I’ll be dealing with this day-to-day, and I’m paying for her care, and she wants me to watch her portfolio.’ Invariably, what gets left out of the conversation is that because these are now jointly-titled assets, they will pass to that child, and that is also the intent of the antagonist. The titling of accounts trumps the terms of the will.

Q: So you could have a very good will, and it will end up being meaningless?
A: Correct. I can give you an example where there’s no glitz and no glamour. I handled a case involving a guy who never had any money, but was an inventor, and when he was 76, his invention hit, the company went public, and he was worth $50 million. The wife had the account retitled for his name and her name. When he died, the kids thought they were going to get the motherlode, but everything went to the wife.

Q: Is litigation over estates going up?
A: There’s not a doubt in my mind that it is. I’ve asked surrogate judges informally in chambers, and they all say the same thing. The incidence of probate litigation is on the rise, and the fact patterns are consistent.

Q: What would you do to avoid these situations?
A: If there’s a second spouse, make sure to give that spouse what was bargained for in the (prenuptial agreement). Where there is a likelihood of dissension, appoint an independent fiduciary or trustee. And for the family business, you really want to document your intentions so that if you are giving an interest to one child, and not to the other three, there is no mystery. If you are appointing one child to be CEO, write it down and explain it to everyone. Don’t leave it to chance, or to petitions filed in court.

Q: The cases you point to entail significant amounts of money. What about for folks with smaller estates, who won’t be affected by any estate-tax issues, and so might not have planned as carefully?
A: This is not just about the money. It’s about who’s living in the house? Where’s mom’s engagement ring? Where are her photo albums? This is not just something for millionaires. It is day-in and day-out, Main Street-type stuff. It’s not unusual nowadays for a grown child to be living with mom and dad. If the second spouse dies, and the kid’s still living in the house, the other siblings may battle because the house is worth $300,000. It’s not so much about the money, but that the situation is bad. It would be better to have a will that says, the house is valued at $300,000, and the son who is living in it gets it, but he has to take out a mortgage and give the other siblings $150,000. You need to address it. These issues are not unique to people having money. They are common issues.

(Editing by Beth Pinsker Gladstone and Jan Paschal)
(The author is a Reuters contributor. The opinions expressed are her own.)

Don’t leave your family in the lurch. Get a comprehensive Will, Living Will and Powers of Attorney completed today. And speak with your provider attorney about your particular circumstances so that everything is covered…today.

Posted in Legal Services, Social.

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Why Skimming Won’t Go Away

New Pay-at-the-Pump Incidents Part of Troubling Trend
By Tracy Kitten, January 27, 2012.

After nearly two years of highly-publicized fraud incidents and educational efforts, why do pay-at-the-pump skimming attacks continue unabated?

The latest news: Police in West Wendover, Nev., have issued a warning about card skimming at area ATMs and pay-at-the-pump gasoline terminals. The pubic warning was spurred by recent reports from Wendover residents of upticks in fraudulent transactions hitting their credit and debit cards. A local news report claims two skimming devices have been recovered from area businesses, and investigators expect to find more. They’ve asked the public to report any suspicious activity or odd-looking equipment to local authorities.

Despite increasing efforts to educate institutions and retailers about skimming fraud, especially at self-service gas pumps, skimming attacks continue to grow. Why? Because fraudsters continually move their targets to regions that are less informed about the perils of card skimming.

John Buzzard, who monitors card fraud for FICO’s Card Alert Service, says communities or metropolitan areas, like New York, that get hit often have done better jobs of informing the public and businesses about card-skimming risks. “I get the sense that this community in Nevada is, perhaps, somewhat new to the experience of gas pump skimming,” he says. “It’s not uncommon for small communities to inherit the problems of larger cities nearby, as fraudsters migrate their scams to areas where consumers are less aware of the possibility of having their payment cards skimmed.”

In fact, any community along the I-80 corridor, which feeds Reno, can expect to be a target, as the skimming attacks that hit Wendover hop from station to station, Buzzard says.

At Zions Bank, which has $50 billion in assets, the migration of pay-at-the-pump skimming is a problem known all too well. Chuck Groat, a vice president of bankcard risk management at Zions, says the bank’s card fraud department has spent much of the New Year just keeping up with ongoing card compromises. And the attacks reported this week in Wendover are among those compromises.

Card fraud linked to the Wendover skimming cases affected customers at two Zions branches.

“Pay at the Pump skimming is still really easy to perform, and I don’t believe the proper incentives or penalties are in place to reduce these types of attacks from a merchant perspective,” Groat says.

A year ago, Zions got hit by pay-at-the-pump attacks in Arizona. In summer 2010, the bank tracked 15 separate gas-pump locations where customers’ cards had been compromised. The majority of those compromises were linked to the same retailer.

Groat says the production of counterfeit cards created with skimmed Zions’ account details has continually increased. In 2011, he estimated card fraud linked to skimming was up 200 percent at the bank, because of retail- and gas station-based breaches.

The expense of upgrading gas terminals for more security has been daunting for convenience store and gas station owners.

“Investing in new technology may be higher than the perceived cost of any reputational risk,” Groat says. “Or they just have a mind set of, ‘It will never happen to me, so why take any proactive measures?’”

But lacking proactive measures cost all players along the payments chain when card fraud occurs.

McAfee consultant and fraud expert Robert Siciliano says the fact that banks continue to struggle with ATM skimming proves gas station and c-store operators have little hope of making significant dents in pay-at-the-pump skimming fraud. “[They] don’t stand a chance in fighting this crime unless they collectively make significant changes and upgrades in the security of their existing technologies,” he says.

The industry is taking the issue seriously. Visa and MasterCard have both announced mandates for card technology enhancements by 2013 and 2015.

Visa issued expected compliance dates of April 2013 and October 2015 for migration to the Europay, MasterCard, Visa standard for U.S. card issuers and acquirers. MasterCard also has set an April 2013 EMV-compliance deadline for all U.S. ATMs.

The reason for the EMV push, Visa says, is escalating card fraud. The United States’ continued reliance on magnetic stripe card technology is perpetuating the fraud.

By 2015, retailers that have not upgraded their POS systems for EMV compliance run the risk of being held accountable for fraud losses. If they have not adopted contact chip technology and it is determined by Visa that EMV could have prevented the fraud, they will be held liable.

That liability shift may be just what the industry needs to move forward, Groat says. “If the compromised entities, to include ATM owners, shared in at least some of the overall loss exposure that their skimmed self-service terminals caused, then you would see more investment to prevent these types of activities,” he says. “But, admittedly, this also creates many new challenges for both sides.”

In the meantime, banks, credit unions and retailers can expect card skimming to remain. Nicole Sturgill, an ATM and financial fraud analyst at TowerGroup, says skimming will continue until the industry ensures it no longer works. “As long as it’s possible to skim the info from the mag-stripe and view the PIN (or zip code), people will continue to try it,” she says. “There have been increased calls for EMV in the U.S., but even if it became a directive, it would be years before it took effect. In the meantime, consumers have to be vigilant and card issuers have to continue to extend financial protections.”

Posted in Identity Theft, Social.

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37 Must Read Books For Small Business Owners

These are some of my favorites from this list:

  1. “Good to Great” by Jim Collins
    “Good To Great is a must read for any entrepreneur or CEO. It reminds every reader that the most effective leaders are humble and that leaders of great companies don’t start with “where” but with “who.” They start by getting the right people on the bus, the wrong people off the bus, and the right people in the right seats. Once you have the right people in the right seats, the journey doesn’t matter…you’ll succeed.”
  2. “Steve Jobs” by Walter Isaacson
    “This book instructs us how not to behave with your associates and employees while simultaneously encouraging the search for excellence in one’s own product offering. The task of the reader is to determine where to draw the line on that road to excellence: most managers with a modicum of self-awareness know that the humiliation and berating of employees goes too far, yet Jobs’ lust to change the world for the better is in and of itself Inspiration at its best. Nobody can read this book and not look at his or her products or services with fresh and refined judgment.”
  3. “Purple Cow” by Seth Godin
    “Helped me recognize the value of being ”remarkable” and having “remarkable products”. Changed my negativity surrounding the overwhelming component of a new business – effective marketing on a small budget.” Recommended by: Nancy J. Haberstich of nanobugs inc.
  4. “I think the book that has influenced my business the most would have to be Seth Godin’s Purple Cow. Regardless of the industry, business owners or those looking to revolutionize their thinking can greatly benefit from the mind-adjustment that comes from reading this book. Like the title suggest, the book is all about looking at business different and daring to BE different.” Recommended by: JP Jones of Collipsis Web Solutions

    What’s on your list?

37 Must Read Books For Small Business Owners.

Then, the Leadership Hall of Fame. How many of these are on your bookshelves?

Posted in Entrepreneurs, Small business.

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Girding for Digital Threats We Haven’t Imagined Yet

from NYTimes.com

In Planning Digital Defenses, the Biggest Obstacle Is Human Ingenuity

As we leave ever more detailed online footprints — via purchasing, browsing and social relationships — a vast “big data” ecosystem has emerged to collect, process and resell this information. Concerns about this issue are typically framed in terms of privacy: How much do I want others to know about me? How might it affect my ability to get health insurance, employment or credit?

Stefan Savage – Girding for Digital Threats We Haven’t Imagined Yet – NYTimes.com.

Posted in Identity Theft, Legal Services, Social.

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CoreLogic’s New Credit Score Exposes Even More of Your Financial Life

from the New York Times

CoreLogic’s New Credit Score Exposes Even More of Your Financial Life – NYTimes.com.

Posted in Social.