Tuesday | September 12, 2006

Real Estate Market Slow-Down Not Slowing Furniture Sales

The real estate market may be slowing down, but there doesn't seem to be a corresponding slow-down in the number of sales of furnishings that will go into people's homes. In fact, the opposite seems to be happening across the country.

For instance, California-based Dacor, a kitchen appliance company, reports that their sales for the first quarter of 2006 were up some 25 percent from the same period of 2005. Another kitchen appliance supplier, Pittsburg-based Sub-Zero, saw their sales jump nearly 30 percent during that same period.

What's driving the startling rise in the home furnishings market? The factors are complex, but the fact remains that the numbers are definitely rising, in spite of a softening real estate market. Part of the reason for the increase is that whether homebuyers are purchasing a new or existing house, they will spend an average of $6,000 during their first year of ownership as they begin the task of turning their new homes into a more accurate reflection of who they are and how they choose to live.

So even in the face of a slowing real estate market, homebuyers are still spending significant sums of money to upgrade and furnish their new homes, which makes the home furnishing industry somewhat less susceptible to downturns in home sales. In fact, the American furniture industry is actually twice as large as the country’s music industry overall.

However, as is the case in all phases of the American economy, the home furnishings industry is facing challenges from increasing competition from globalization. As more furniture is imported, it becomes more difficult for American companies to compete as consumer prices continue to decline. That may prove advantageous to consumers, but it will cause an increasing number of problems for U.S. furniture companies.

There are several ways American furniture companies are fighting back against their foreign competition, especially when it comes to innovation and increased efficiency. After centuries of experience with American consumers, U.S. furniture suppliers have a firm grasp on what their clients need and want when it comes to furnishing their homes.

One of the most significant trends in recent years has been the migration of suburban homeowners back to urban areas. Since they've often done quite well when they sold their suburban homes, these buyers can afford to upgrade both their living spaces and the furnishing they fill them with. With that trend also comes a rethinking of interior spaces such as the kitchen. Homeowners want appliances and furniture that allows them to create an integrated feel throughout their homes. For example, kitchens have become much more than just places to cook meals. They're now gathering places, as well, and innovative furniture allows homeowners to combine function with style and utility.

Things may be slowing down for the housing market, but the past few years have been excellent for companies dedicated to helping homeowners fill those houses with furniture and appliances that can fit any type of taste, lifestyle, and budget.

Jeanette Fisher teaches interior design and offers free teleseminars for home decorators. Find out how to save money decorating your home with the designer's touch at www.joytothehome.com articleson.com

Posted by WobWob at 11:27:44 | Permanent Link | Comments (0) |

Trusts and Estate Planning

There are several different types of trusts that people use for estate planning. While most fall into specific categories, it is important to understand that trusts are highly individual creations – one size does not fit all. Be wary of firms who offer a cookie cutter approach or a "kit" to create your own. Any trust (indeed all estate planning activities) should be designed with careful consideration and thoughtful legal consultation. Be aware that when establishing some trusts, you may limit your options in the future.

A "revocable trust" may be established to set aside certain assets in the event that the individual becomes incapacitated. These assets never technically leave the person's ownership, so the assets are still considered part of one's estate when one applies to Medicaid for benefits. The value of a revocable trust is that you can designate a professional to manage your finances, receive income from the trust, and potentially reduce expenses associated with settling your estate at death. With a revocable trust the individual can change the terms of the trust at any time.

An "irrevocable trust" is also referred to as a "Medicaid Trust." Assets are transferred into a new legal entity that then owns those assets. These assets are then no longer considered part of your taxable estate. By shifting assets into the trust, you may now be eligible for Medicaid benefits, but subject to the specific "look-back" rules of your county (see below). When setting up the trust, you determine who will receive the assets, regular payments, and income from the assets. Irrevocable trusts may also be used as an entity to own one's life insurance policy.

This is a simplification of the process, so keep in mind that estate planning involves a lot of "moving parts" that should all be considered. Some types of transfers may result in tax liabilities and future financial limitations. Irrevocable trusts require that the individual give up some degree of flexibility with the assets and may be expensive to prepare. Once the trust is established, the individual gives up all rights to the assets that are included in the trust. You can not change the terms once it is finalized.

Since most people are concerned about spending down all of their assets to pay for long-term care, they will establish certain types of entities like trusts, give cash gifts to children, spend money on exempt assets, or engage in other legal financial maneuvers. You should make sure that your financial activities are legal as well as the smartest use of your assets. Even with perfectly legal activities, you may compromise or delay some of your potential benefits.

The author, Ronald E. Hudkins aggressively coordinates with government agencies and organizations to compile information to help consumers avoid deceptive business practices. A description of his education and experience can be found at www.AssetProtectNow.com .

Posted by WobWob at 11:17:59 | Permanent Link | Comments (0) |

Estate Planning -Intent to Disinherit or Oversight?

Sometimes family and estate planning begins before the family is complete, particularly in an age where people (generally) are waiting until later to have children. In that case there could be grandchildren named in a will and others not, who are all in the same family. The reason may simply be that the children who were left out were not born when the will was made and it is too late to remake it. Fortunately, most states now have laws that are designed to remedy this situation.

Generally children are protected if they are left out, because they are considered to be overlooked as opposed to specifically disinherited. Some states protect spouses and grandchildren under the theory that they have been omitted rather than excluded. But, states have a couple different ways of handling omitted relatives. Many states assume that if the testator (the will maker) had a chance or had not forgotten to do so, that they would have included the omitted relative. This is important because the suggestion is that naming the individual would have been the testator’s intent had they recognized the omission. Other states make no mention of what the testator’s intentions would have been, because they want a testator who intends to disinherit someone to do it using positive language rather than just not mentioning that person. Both of these approaches can fly in the face of the facts regarding what the testator wanted or intended. But, one thing is clear, if you intend to leave someone out of your will who is a close relative you must do so expressly. That can be done by saying something like, “And, to my wife Sheila I leave nothing,” or “To my son Thomas, I leave the kick in the rear end I should have given him years ago.”

Such a scenario is a nightmare for your estate planner who knows that Shelia and Thomas will challenge your will because they have no reason not to. As was discussed in a previous article, it is better to leave a relative something that they are afraid to lose and use a no-contest clause in many instances. However, sometimes a client is clear in the desire not to leave a thing to one of his/her relatives. This is become increasingly difficult under state laws that protect omitted relatives and disfavor no-contest clauses. It is another case of laws that are designed to protect our interest also protecting us from being free. Why shouldn’t the testator be able to disinherit those they don’t like with ease? Why should the government decide who your assets will go to? Remember that most people die intestate so the state is used to making these decisions, but why should they be able to do so if you make a will? Perhaps it is another legal road paved with good intentions or perhaps it is another instance of big brother deciding for you.

This is another pitfall that your estate planner will be able to help you avoid. If you want to disinherit someone, then let your estate planner clearly know your intention. There is nothing wrong with that. Remember that, as an attorney, your estate planner’s job is not to judge your wishes, but to make them happen and guard you and your estate against what you don’t want. Your estate planner should not, and most likely will not, make you feel judged. They work for you and have taken an oath to faithfully serve your legal wishes to the extent that they have the legal power to refuse to break your confidence even after you pass away. Any estate planner who isn’t ready to fight tooth and nail to see your wishes met is not doing their job.

Just remember that if you intend to leave someone out of your will, you can do that. And conversely, your estate planner can help you provide for extra grandchildren that you may not have been lucky enough to meet, but that you still might help go to college.

About Ronald E. Hudkins; Ronald Hudkins is a retired U.S. Army Military Police member that was assigned as a staff researcher. He has coordinated with military and criminal investigators, set on court marshals and worked closely with the Staff Judge Advocate Generals’ Office (JAG). He has a keen sense of legal matters - their interpretation, initiatives and guidelines. For imperative financial planning needs he suggests his book “Asset Protection and Estate Planning for All Ages.” Additionally, he offers a Free Newsletter, Articles and Financial and Tax Newsfeed at his web site: www.AssetProtectNow.com

Posted by WobWob at 11:15:46 | Permanent Link | Comments (0) |