Jay Brinker | Jay Brinker – Cincinnati Attorney

The Facebook Death Mask

Thursday, 12 February 2015 22:09

Written by Jay Brinker

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Facebook today announced a change in its policy towards the accounts of deceased users. It will now allow a user to designate a “legacy contact” to manage the account of a deceased user. Previously, Facebook froze the account of a deceased user which left the account in a state of virtual purgatory.

What you need to know:

1. To designate a legacy contact, go to Settings, choose Security, and then Legacy Contact at the bottom of the page.

2. Stupidly, you may not designate a contingent legacy contact so do not choose someone you travel with frequently or who might kill you in a murder-suicide.

3. Legacy contacts may not alter what you have previously posted. If something is embarrassing while alive it will remain embarrassing post mortem.

4. This might all be for nothing anyway. How fun will Facebook be if one cannot post a picture of himself with the most hated man in Kentucky?

The Big Messy (Update – Part Trois)

Wednesday, 11 February 2015 17:47

Written by Jay Brinker

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The competency of Tom Benson, the owner of the New Orleans Saints and Pelicans, has been challenged by his family in separate court filings in Texas and New Orleans. The Texas judge has decreed that Benson needs assistance managing the assets in a Benson family trust. He appointed two receivers to temporarily replace Benson as trustee. They are not expected to make dramatic changes to his business holdings. The New Orleans judge ordered Benson to undergo a psychiatric examination to determine his competency to make the proposed changes to his succession plan.

Three quick points:

1. This is merely the first round in a likely fifteen round bout. When billions are at stake, the fight will be long and will not likely be resolved during Mr. Benson’s lifetime.

2. I doubt that a competent and uninfluenced man would move $25 million out of his family owned bank to a competitor and tell his car dealership manager that he is the only person in San Antonio he trusts.

3. It is a shame that the court appointed receivers do not have authority to hire a new coordinator for the Saints’s second worst in the league defense.

The Multi-Millionaire Next Door

Thursday, 05 February 2015 21:31

Written by Jay Brinker

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Ronald Read was a gas station attendant in Vermont who retired after 25 years and then worked as a janitor for J.C. Penney for 17 more years. When he died last year at the age of 92, he left most of his $8 million estate to the local library and hospital. His step son, whose mother died in 1970 after a brief 10 year marriage to Mr. Read, was unaware of his wealth. He was renowned for his frugality, which included not paying for parking, wearing clothes held together by safety pins, and gathering free fire wood for his stove. No one suspected he had any wealth, much less $8 million.

Several quick points:

1. Assets worth more than $5.43 million are subject to federal estate tax, but bequests to charity are not taxable. Mr. Read’s estate will not be subject to federal estate tax.

2. Mr. Read’s estate will not be subject to Vermont estate tax either because Vermont exempts $2.75 million from estate taxation.

3. Kudos to his step-son who continued to visit his step-father for 45 years after his mom died after only 10 years of marriage to Mr. Read.

4. Perhaps we could all accumulate a significant net worth like Mr. Read if we eschewed cell phone and data plans, cable TV packages, and daily Starbucks runs.

“If I Die Young”

Tuesday, 03 February 2015 21:49

Written by Jay Brinker

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When Cory Monteith, of “Glee” fame, died in 2013 he did not leave a will. By law, his $810,000 estate is to be distributed to his divorced parents as his closest living relatives. However, because his father did not pay child support to his mother nor see Cory for almost 20 years, he is prohibited from inheriting from his son, which leaves all of the estate to his mother.

Two small points:

1. When one dies without a will, state law dictates who will receive one’s assets. In Ohio, spouses are first in line, followed by children, then parents.

2. It is unusual for young, single people to have wills, but those with $800K estates and a history of substance abuse should definitely have one.

All Dogs Go to Heaven (Update)

Wednesday, 28 January 2015 09:08

Written by Jay Brinker

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I previously posted about Bela, the German Shepherd, whose owner requested that he be put down, cremated, and have his ashes spread with the owner’s ashes. The owner’s wishes resulted in a social media storm that ended with a Utah animal shelter providing him a home. It turns out that the entire incident was much ado about a month. Bela was diagnosed with cancer over the weekend and put down. His ashes will be buried with his owner’s.