Last weekend, I took my wife to see “The Descendants,” starring George Clooney.  Critics have widely praised the movie for its multi-layered look at family relationships stretching from the central characters’ immediate family to its multiple branches, and ultimately reaching back to the settlement ofHawaii.  The film has been nominated for several Academy Awards including Best Picture.

         George Clooney portrays a real estate attorney who is also the trustee of his family’s dynasty trust which must end soon because ofHawaii’s Rule Against Perpetuities, an ancient English common law doctrine generally preventing trusts from extending more than 21 years beyond lives in being at creation of the trust.  Clooney’s family trust owns more than 50,000 prime acres of Kauai oceanfront, and Clooney must decide between selling the land to competing offers or keeping the land in the family by spinning it off to one or more family-owned business entities.  His decision is complicated by events in his own family which he discovers shortly before a sale is scheduled to take place.

         If this trust had been sited inWisconsin, however, Clooney’s character would not have had to face this dilemma. Wisconsinis one of several states which allow trusts to avoid the Rule Against Perpetuities, in this case by simply authorizing the trustee to sell trust property.  Clooney obviously had this power, but because his family’s trust was governed byHawaiilaw, it had to end.  InWisconsin, such a trust can extend into perpetuity preserving the family’s wealth forever.  This is one of many advantages of trust planning underWisconsin’s statutes.  Our state is a very good place to use a trust as the foundation of your estate plan, especially with the recent sunset ofWisconsin’s estate tax.

         Another lesson dramatized in the “The Descendants” is the wisdom of having a living will.  As a lawyer, Clooney knew the advantages of having he and his wife execute advance health care directives, in this case a living will.  Also known as a Declaration to Physicians, a living will instructs health care providers not to sustain your life by artificial procedures in the event of a terminal illness or persistent vegetative state.

         As “The Descendants” opens, Clooney’s wife has gone into an irreversible coma resulting from a boating accident.  When her treating physician advises Clooney she can not possibly regain consciousness, the hospital must begin procedures to end her life based on her decision made while she was competent to do so.  The movie shows well how difficult this process can be even when the injured person has a living will, but I couldn’t help but think how much more agony the family would have gone through without one.  The wife’s father would have clearly fought Clooney tooth and nail over ending his daughter’s life, and the matter could have easily ended up in a bruising and expensive court battle.

         If you have ever thought about getting a living will for you or your spouse, don’t delay any longer.  Schedule an appointment today with a competent estate planning attorney so your family won’t be torn apart over what to do in the event of an unforeseen accident or illness.

 Atty. William F. Greenhalgh is a member of WealthCounsel, LLC and has been in the private practice of law for over thirty-two years.  For a free consultation, call his office at (608) 355-0907.

        Welcome To Our Second Edition of the Greenhalgh Legal Services Email Newsletter!  Last month, we had two very successful meetings of our Client Advisory Council, and the format of this month’s newsletter takes into account several excellent suggestions made during those meetings.

         This Month’s Reminders!  Don’t forget that you need to file a Form 709 United States Gift Tax Return by April 17, 2012 for gifts made to any individuals in excess of $13,000.00 during the calendar year 2011.  If you have made such gifts and need help in completing this Form, please contact us right away at (608) 355-0907.  Several of our clients made such gifts in 2011 and need to report these.

         Estate Tax Spreadsheet!  Attached to this email is a spreadsheet showing important facts about federal and state estate tax, gift tax, generation skipping transfer tax, and basis for income tax from 2009 through next year and beyond.  Please print this attachment and save it as a ready reference for you to use in analyzing whether your estate might be subject to any of these taxes.  If so, you need to make an appointment with Bill right away because these are all taxes which can be easily avoided if you do proper planning.

         Come to Our First Client Workshop of 2012!  As Greenhalgh Legal Services email newsletter subscribers, you are the first to learn of our first client workshop for 2012.  MFS representative David Jensen will be presenting at the Ironwood Room atKalahariResortConvention Center,1305 Kalahari Drive in Baraboo on Wednesday, February 15, 2012 beginning at 2:00 p.m.    Please callKris at (608) 355-0907 to reserve your spot today.   This workshop will fill up fast.

          Greenhalgh Legal Services Client Maintenance Plan is Here!  Since our last email newsletter, several clients have signed up for our new Client Maintenance Plan designed to give you and your family the utmost in protection with regard to avoiding guardianship, probate and death taxes while ensuring that your estate passes to your heirs in the most advantageous manner possible.  Attached to this email is our flier detailing the features of this new service.  Please contact our office with any questions or to sign up, and we will send you a contract right away.

          Student Legal Kits Remain Available!  For your children and grandchildren, consider spending $150.00 per individual to have them covered in the event of sudden disability through preparation of our Student Legal Kit.  This consists of a general durable financial power of attorney, health care power of attorney, living will, and HIPAA authorization form.  Perfect for children and grandchildren who have left home for college, the Student Legal Kit ensures that you will be able to handle your child’s financial matters and make healthcare decisions in the event of an unanticipated injury or illness.  Sign up for this excellent service today by contactingKris at (608) 355-0907.

          Visit Our Website and Facebook Pages!  If you haven’t done so already, please visit our revised firm website, www.greenhalghlaw.com.  Also check out our Facebook page, Greenhalgh Legal Services, where we update you twice weekly with upcoming events in our area as well as breaking legal developments.

          Don’t Keep Us A Secret!   If you believe that you are better off having addressed the important issue of estate planning in your life, please help your friends and family find us by providing us with their names and addresses.  Don’t worry, we won’t bother them.  We would simply like to send them an invitation for a free initial consultation at our office.  You may refer friends and family members to our firm by calling Kris at (608) 355-0907, or by e-mailing her at kris@greenhalghlaw.com.

         Greenhalgh Legal Services Closed for President’s Day!  Greenhalgh Legal Services will be closed in observance of President’s Day on Monday, February 20, 2012.  We will reopen for business as usual at 8:00 a.m. on Tuesday, February 21, 2012.  Please note this on your calendar in case you need to get in touch with us.

 Welcome To Our Email Newsletter Service!  Starting this month, you are receiving our new email newsletter with important announcements about upcoming activities here at Greenhalgh Legal Services, important law changes, client workshops, and client appreciation events.  Of course, if you want to discontinue receiving these emails, please let us know, but otherwise welcome aboard, and we look forward to keeping you up-to-date for many years to come via email!

Greenhalgh Legal Services Client Maintenance Plan is here!  As of January 1, 2012, Greenhalgh Legal Services has a client maintenance plan for all our estate planning clients designed to give you and your family the utmost in protection with regard to avoiding guardianship, probate, and death taxes while ensuring that your estate passes to all your heirs in the most advantageous manner possible.  Attached to this email is our flier detailing the features of this new service.  Please contact our office with any questions that you may have, or to sign up.  We will send you a contract right away.

Come to Our First Client Workshop of 2012!  As Greenhalgh Legal Services email newsletter subscribers, you are the first to learn of our first client workshop for 2012.  MFS representative David Jensen will be presenting at the Ironwood Room atKalahariResortConvention Center,1305 Kalahari Drive in Baraboo on Wednesday, February 15, 2012.    Please callKris at (608) 355-0907 to reserve your spot today.   This workshop will fill up fast.

Client Advisory Council!  Many have you responded positively to our request to join the Greenhalgh Legal Services Client Advisory Council.  Our first meeting will be January 12, 2012.  We look forward to meeting with you and sharing ideas on ways we can improve our services to you and all our other valued clients.  If you would like to participate in this endeavor, please contact Kris at (608) 355-0907 or by email at kris@greenhalghlaw.com.

 Visit Our Website and Facebook Pages!  If you haven’t done so already, please visit our revised firm website, www.greenhalghlaw.com.  Also check out our Facebook page, Greenhalgh Legal Services, where we update you twice weekly with upcoming events in our area and legal developments.

Don’t Keep Us A Secret!   If you believe that you are better off having addressed the important issue of estate planning in your life, please help your friends and family find us by providing us with their names and addresses.  Don’t worry, we will not bother them.  We would simply like to send them an invitation for a free initial consultation at our office.  You may refer friends and family members to our firm by calling Kris at (608) 355-0907, or by e-mailing her at kris@greenhalghlaw.com.

 Greenhalgh Legal Services will be closed in observance of Martin Luther King Day on Monday, January 16, 2012.  We will reopen for business as usual at 8:00 a.m. on Tuesday, January 17, 2012.  Please note this on your calendar in case you need to get in touch with us.