Young Law Group Blog

Anne Heche Died in 2022. Her Family Is Still Paying For It

Mon, 27 Apr 2026 16:30:17 GMT

When you die without a solid plan, you don't just leave behind grief. You leave behind years of court battles, creditor claims, and paperwork that can drain everything you worked to build, and hand it to a young adult who has no idea where to start. This is exactly what happened to Anne Heche's family.

Is Your Financial Life a Mystery, Even to You?

One of the most quietly devastating details in the Heche story is this: her son Homer couldn't account for all of her assets and income because the records simply weren't there .

She had multiple income streams, including film earnings, a production company, a podcast, and various personal properties. But the recordkeeping was so poor that even tracking down what she owned took significant time and legal resources.

This is more common than most people realize. A lot of people have a general sense of what they own, but they haven't documented it in a way that anyone else could actually follow. When you're gone, your family isn't just grieving. They're also trying to figure out where your accounts are, what subscriptions are still being charged to your card, whether there are debts nobody knew about, and who actually holds the title to that property.

The bottom line: If your financial life were a mystery to your family right now, that's a problem your estate plan needs to solve before you die, not after.

A thorough estate plan starts with getting your financial life organized, a complete inventory of your assets, accounts, and obligations, so your family isn't left hunting for answers at the worst possible time. It also establishes clear instructions for who handles what and in what order.

That foundation of clarity is what makes everything else possible. And it leads directly to the next question: once your family knows what you have, who are you actually asking to manage it?

The Person You'll Leave in Charge May Not Be Ready for This

Homer Heche Laffoon was in his early-twenties when he was appointed administrator of his mother's estate. He was barely an adult - as well as a grieving son - suddenly responsible for untangling years of complex legal and financial issues while simultaneously dealing with lawsuits from multiple parties demanding millions of dollars.

It took him over a year just to prepare his first status report for the court. His attorney cited the sheer complexity of the circumstances as the reason things were moving so slowly.

Here's what that situation actually required of him:

Reviewing multiple active lawsuits and understanding the legal exposure
Tracking down incomplete records to identify and value assets
Negotiating with creditors over contested claims
Filing legal documents with the court on an ongoing basis
Making decisions that could affect the outcome of millions of dollars in claims

That's an enormous burden to place on anyone, let alone a young adult who is also processing the sudden loss of a parent.

The bottom line: Naming someone as your executor or administrator doesn't automatically give them the tools, guidance, or support they need to actually do the job. In addition, just because someone is part of your immediate family doesn’t mean they are the right person for the job.

A well-designed estate plan doesn't just name the right person. It sets them up for success . It provides clear documentation, pre-identifies advisors, and in many cases establishes a trust structure that simplifies administration and removes the need for court involvement altogether. When you plan ahead, you're not just protecting your assets. You're protecting the people you love from an impossible situation.

Of course, even the most prepared executor faces a harder road when creditors are involved. And that's where the Heche story gets even more instructive.

How Creditors Can Wipe Out Everything You Intended to Leave Behind

The numbers in the Heche estate tell a striking story. Total assets: approximately $110,000. Total creditor claims: more than $6 million.

The largest claims came from the occupants and owners of the home damaged in the crash, who collectively sought around $6 million in damages. Her former partner alleged he was owed $157,000 in unpaid loans. There was also more than $36,000 in credit card debt.

When creditor claims exceed the total value of an estate, the estate is considered insolvent. That means there’s nothing left for family members, including your children (even if they’re still young), no matter what the deceased may have intended.

Now, most people aren't facing $6 million in lawsuits. But creditor exposure is more common than people think . Medical debt, outstanding loans, business liabilities, or even a lawsuit that arises after your death can all make claims against your estate. And if those claims exceed your assets, your family inherits nothing.

The bottom line: Without proper planning, creditors can wipe out everything you intended to leave behind.

This is where proactive planning, and specifically a thoughtful approach to how your assets are structured and titled, becomes one of the most valuable things you can do for your family.

The Tool Most Families Don't Know They're Missing

One of the most powerful things estate planning can do is build a wall between what you own and what creditors can reach . That's the idea behind asset protection planning, and it's a category that includes several different legal strategies depending on your state, your assets, and your specific situation.

At the most basic level, asset protection planning means structuring ownership of your assets intentionally, so that if a lawsuit, debt, or other claim arises, there's a legal barrier between the claimant and what you've worked to build. That might involve the use of a trust, a business entity like an LLC, beneficiary designations that pass assets outside of your estate, or a combination of approaches working together.

Some states allow for particularly strong trust-based protections that shield assets from future creditor claims while still allowing you to benefit from them during your lifetime. The specifics vary significantly by state, which is one reason this kind of planning requires an attorney who knows both the law and your situation.

Here's what's true across virtually every asset protection strategy:

The planning has to happen before a problem arises. Transferring assets after a lawsuit is filed, or when a creditor claim is already on the horizon, generally won't work. Courts can and do unwind those transfers under fraudulent transfer laws.
How assets are titled, and how they transfer at death, matters enormously. An asset that passes through your estate and sits exposed is an asset a creditor can reach.
Assets held in a properly structured and funded trust can, in many cases, avoid probate entirely, which means faster access for your family and fewer opportunities for creditor claims to attach.

The bottom line: Asset protection isn't about hiding money. It's about structuring what you own thoughtfully and legally, long before anyone comes looking for it.

Not every family needs sophisticated asset protection strategies. But almost every family benefits from at least understanding what their exposure is and making intentional decisions about how assets are held and transferred. And every month you wait is a month that protection isn't in place.

The Hidden Cost Nobody Talks About

The Heche estate has been in process for nearly four years . Legal fees, court costs, and ongoing negotiations have consumed resources that might otherwise have gone to her family. Her son has had to invest enormous time and energy into managing a process that, with the right planning in place, could have been far simpler.

Time is the hidden cost that most people don't account for when they think about what happens without a plan. It's not just money. It's months and years of your family's life spent navigating a system they never expected to face.

Even a modest estate, one without celebrity-level complexity, can take years to close if the paperwork is incomplete, the assets are hard to locate, or creditors are involved. And every month that process drags on, the people you love are still in limbo.

The bottom line: The time and money your family spends cleaning up an unplanned estate is the most preventable cost in all of estate planning.

Why This Isn't a DIY Situation

There's no shortage of online tools that promise to help you create a will or trust for a few hundred dollars. And for some very simple situations, those tools might produce a document that looks legitimate on paper. But a document and a plan are not the same thing.

The Heche estate had assets. It had income streams. It had property. What it apparently didn't have was a coordinated, documented, professionally managed plan. That gap between having things and having a plan is exactly where estates fall apart. An attorney who takes the time to understand your full financial picture, your creditor exposure, how your assets are titled, and who you're really asking to step up can make sure your family isn't left piecing it together alone.

The bottom line: The goal isn't just to have documents. The goal is to have a plan that actually works.

What You Can Do Right Now

Nobody plans to leave their family with years of court proceedings and creditor negotiations. But without a thoughtful plan in place, that's exactly what can happen.

As your Lawyer for Life, we help you create a Life & Legacy Plan that keeps your financial life organized, protects what you've built, and makes it easy for the people you love when the time comes, so they're not left sorting it out alone.

Schedule your complimentary Life & Legacy Planning Session today!

One Death, One Courtroom, One Child - and a Lesson Every Parent Needs to Hear

Mon, 13 Apr 2026 15:50:28 GMT

A Michigan court case shows what happens when a parent dies and no one thought to plan for it. The child had a chronic medical condition, a contentious custody history, and relatives scrambling to get legal authority just to manage her care. The court battle that followed could have gone very differently without years of documented evidence. Here's what every parent needs to know before something like this happens to their family.

When a Parent Dies, the Answer Isn't Always Obvious

The Michigan case titled Sartor v. Johnson involved a child whose parents, Dwight and Renee, had been locked in years of contentious custody litigation. Over time, the court repeatedly restricted Renee's parenting time due to concerns about alcohol use, anger issues, and mental health struggles. Eventually, Dwight was awarded sole legal and physical custody , and Renee was limited to supervised visits.

In 2023, relatives temporarily obtained guardianship of the child after Dwight left town, and concerns arose about the child's medical care. Shortly afterward, that guardianship ended, and the child returned to Dwight's care. Then Dwight died.

At that point, Renee, who had not seen the child in more than two years, sought full legal and physical custody.

Under Michigan law, as in most states, custody goes to the surviving parent when one parent dies . But if being with that parent would not serve the child's best interests, then someone else can gain custody. After hearing testimony from relatives and reviewing the circumstances, the court determined that placing the child with the mother was not in the child's best interests. Instead, custody was awarded to the child's paternal aunt and uncle, a decision that was upheld on appeal.

The bottom line: Even when the law creates a presumption in favor of the surviving parent, courts still weigh the evidence and decide what actually serves the child. A good outcome is not guaranteed without documentation to support it.

That legal battle, though, was only part of the problem. There was also a more immediate issue that could affect any parent in any family situation.

The First 24 Hours: Who Has the Legal Authority to Help Your Child?

In the Michigan case, the child had a chronic medical condition that required regular medication and IV infusions every four to six weeks. When Dwight left town, and relatives stepped in, they had to go through the court to obtain guardianship just to have the legal authority to make medical decisions.

Think about what that means in practice.

If something happened to you today, a car accident, a sudden medical event, even a short stretch of incapacitation, who has the legal authority to take care of your child right now? Not in a week, after court filings are processed. Right now.

Without planning, the answer may be no one . Even the most trusted relative may not be able to:

Consent to medical treatment
Access your child's medical records
Enroll your child in school
Make routine but necessary day-to-day decisions

In some cases, children have been placed temporarily with strangers through child protective services while courts sorted out who had legal authority to act. Emergency guardianship proceedings, even when things move quickly, can take anywhere from several days to several weeks. During that time, your child's medical care, schooling, and daily needs are in limbo.

Traditional estate plans don't address this gap. Naming a guardian in a will only takes effect after a probate court process that can take weeks or months. It does nothing to help in the hours and days immediately after an emergency.

The bottom line: The gap between "something just happened" and "the court has authorized someone to help" can stretch for weeks. Your child shouldn't have to wait in uncertainty during that time.

This is exactly the problem a Kids Protection Plan® is designed to solve. Let's look at what that means.

The Plan Most Parents Don't Know They Need

A Kids Protection Plan is a comprehensive plan specifically designed to address the immediate, real-world situations that arise when a parent becomes unavailable. It goes well beyond naming a guardian in a will.

With a Kids Protection Plan, you can:

Name both short-term and long-term guardians for your children
Give trusted caregivers immediate legal authority to act , without waiting for a court
Prevent your child from being placed with strangers or anyone you wouldn't choose
Ensure medical care and daily needs can be handled without delay

The bottom line: A will names a guardian for the future. A Kids Protection Plan protects your child right now, in the first hours of an emergency, before any court gets involved. This ensures as much stability for your child as possible, preventing them from being taken into the care of strangers.

But the Michigan case also highlights one more element of this plan that is equally important.

What if the Other Parent is the Person You’re Worried About?
The deceased father in this case had spent years documenting concerns about the mother through court proceedings. That evidence ultimately helped persuade the court that placing the child with relatives was in the child's best interests.

Most parents aren't that fortunate. Most parents haven't spent years in litigation creating a documented record. And without that record, a court may have very little to work with when deciding who should raise your child.

A confidential guardian exclusion affidavit, included as part of a Kids Protection Plan, allows you to put your concerns in writing now, while you are here to explain them. This document is not public. It stays private with your planning documents and only becomes relevant if a court must determine who should care for your child .

In it, you can explain:

Why certain individuals should not serve as guardians
The history and context that a judge would need to understand
Any specific concerns or evidence that supports your position

Without something like this, your perspective simply isn't part of the record.

The bottom line: If you have concerns about who might seek custody of your child, the time to document them is now, not after a crisis makes it too late.

Why the Right Plan Protects More Than You Think

The Michigan case is a powerful reminder that legal assumptions don't always match real life. Even when the law leans a certain direction, courts still have to evaluate what actually serves a child's best interests, and that process can take time, involve competing voices, and produce real uncertainty.

Without planning, families face:

Legal battles among relatives who all care but disagree
Delays of days or weeks in getting medical care or handling basic needs
Confusion about who has the authority to act
A child navigating an already-difficult loss while adults sort out the logistics

With the right plan in place, those risks shrink dramatically . Your child's care follows your wishes. Trusted caregivers can act immediately. And the people you would not choose are clearly excluded.

The bottom line: The right planning doesn't just protect your child long-term. It eliminates the chaos, delay, and uncertainty that can harm a child in the days immediately after a crisis.

What You Can Do Right Now

Your child deserves protection that works from the very first moment of an emergency, not just eventually, after a court has had time to catch up. As your Lawyer for Life, we help you create a Life & Legacy Plan that includes a Kids Protection Plan designed to protect your child right now and ensure your wishes guide what happens if you are ever not there. We don't create one-size-fits-all documents. We take the time to understand your family's specific situation and design a plan that actually works when your loved ones need it to.

Estate Planning for Unmarried Couples: Protecting the Person You Love

Mon, 06 Apr 2026 16:55:10 GMT

Your partner could be barred from your hospital room - not by hospital policy, but by law. Without a marriage certificate, the person you love most may have no legal authority over your health, your home, or anything you've built together. Here's what unmarried couples need to know.

The Legal Status Your Partner Doesn't Have (And What That Costs You)

Marriage creates an automatic legal framework. Spouses have default rights to make medical decisions, access financial accounts, and inherit property. Unmarried partners get none of that by default, no matter how long you've been together.

Even if you've shared a life for 20 years, the law treats your partner essentially as a legal stranger.

That distinction has serious real-world consequences:

Medical decisions get taken out of your partner's hands. If you're incapacitated due to illness or injury, your partner may not have the legal authority to make decisions about your care. That authority defaults to biological relatives - parents, siblings, adult children - even if you've been estranged from them for years.
Hospitals can shut your partner out. Without the right legal documents in place, your partner could be barred from your room, excluded from conversations with your doctors, and left in the dark about your condition.
Your assets could go to people you'd never choose. If you die without a plan, state law determines who inherits your estate. In most states, an unmarried partner inherits nothing. Your property passes to blood relatives - even if that's the last outcome you would have wanted.
Family conflict becomes more likely. When your relationship isn't legally recognized, relatives who disapprove of your partner have more room to challenge or interfere. Unclear intentions invite disputes.

The bottom line: the person you trust most could end up with no authority, no access, and no inheritance - all because the law never recognized your commitment.

Understanding this is where protection begins. But there's another layer to this problem that most couples don't think about until it's too late.

Many couples assume that living together or sharing expenses creates some kind of legal protection. It doesn't. What actually matters is how each asset is owned - and for unmarried couples, the details are everything.

Here are some common situations where things can go wrong fast:

Your home. If the house is titled in one partner's name only, the surviving partner may have no legal right to remain there after the owner dies. The property passes according to the deceased partner's estate, which, without a plan, likely means it goes to relatives who may choose to sell it.
Your bank accounts. An account that isn't jointly owned or set up as payable-on-death to your partner could be inaccessible after your death. Your partner might not be able to pay the mortgage, the utilities, or even basic living expenses while the estate is being settled.
Your retirement accounts and life insurance. These assets don't follow a will - they follow beneficiary designations, meaning whatever form you filled out years ago controls where the money goes. An outdated or incomplete designation can send those assets to someone other than your partner.
Your personal property. Items with sentimental or financial value - jewelry, artwork, vehicles, collections - can become flashpoints for conflict when your wishes were never clearly documented.

None of this happens because couples have bad intentions. Most people simply assume things will work themselves out because their commitment is obvious to everyone around them. But the legal system doesn't run on assumptions, and the gaps it leaves can be devastating.

The bottom line: How your assets are titled and whose name is on your accounts matters far more than how long you've been together. Without a plan that addresses each of these pieces, your partner is vulnerable.

That's exactly why proactive planning matters so much for unmarried couples, and why a generic set of documents won't cut it.

The "Common Law Marriage" Myth That Catches Couples Off Guard

Many people believe that living together long enough automatically creates legal rights, which is often called common law marriage. Here's what you need to know: only a handful of states recognize common law marriage at all, and the requirements are strict even in states where it exists. Simply sharing a home, combining finances, or introducing each other as partners is not enough.

Even in states that do recognize it, common law marriage typically requires both partners to hold themselves out publicly as married, intend to be married, and live together. If there's any ambiguity, it can take a court battle to establish, and that's the last thing your partner needs while grieving.

And if you live in a state that doesn't recognize common law marriage at all? That informal arrangement provides zero legal protection, regardless of how long you've been together or how intertwined your lives are.

The bottom line: Don't count on the law to fill in the blanks. In most places, it simply won't.

This is why deliberate, documented planning isn't optional for unmarried couples. It's essential.

What an Unmarried Couple's Plan Actually Needs to Cover
A real plan for an unmarried couple isn't just a will. It's a coordinated set of documents and decisions that work together to make your intentions legally enforceable. Here's what that looks like in practice:.

A durable financial power of attorney gives your partner the authority to manage your finances, pay your bills, and handle your accounts if you become incapacitated. Without it, they have no legal standing to access anything.
A health care proxy or medical power of attorney designates your partner as the person authorized to make medical decisions on your behalf. This is the document that keeps hospitals from defaulting to biological family.
An advance directive or living will documents your wishes for end-of-life care so your partner isn't left guessing and isn't overruled.
A will or trust that clearly names your partner as a beneficiary ensures your assets go where you actually want them to go, not where state law sends them by default.
Updated beneficiary designations on retirement accounts and life insurance policies that name your partner directly, so those assets transfer immediately and aren't tied up in probate.
A title review of jointly used property to make sure how things are owned reflects what you actually intend.

No single document does all of this. And a plan that's missing even one of these pieces can leave your partner exposed in ways you never anticipated.

The bottom line: Protecting an unmarried partner requires a complete, coordinated plan. One document in a drawer isn't enough.

Why Documents Alone Aren't Enough

Having the right documents is essential, but documents alone don't guarantee your plan will work when your family needs it. Plans fail, not because they weren't drafted, but because no one kept them current, no one knew where to find them, or no one was there to guide the family through a crisis.

For unmarried couples, this risk is even higher. There's no legal default to fall back on. If a document is outdated, unsigned, or unfindable, your partner is right back to square one, treated as a legal stranger.

That's why the most important part of any plan isn't a piece of paper. It's having a trusted advisor who keeps your plan updated as your life changes, makes sure your loved ones know exactly what to do and who to call when something happens, and is available to guide your family through it, not just someone who drafted documents and sent you on your way.

The bottom line: A plan that no one can find or follow isn't a plan. The relationship with your attorney is what makes the documents work.

What You Can Do Right Now

If you're in a committed relationship but not legally married, the law will not automatically protect your partner if you become incapacitated or when you die. Without a plan that addresses your specific situation, the person you trust most could be locked out of critical decisions and left with nothing from the life you built together.

As Your Lawyer for Life, we help unmarried couples create Life & Legacy Plans that close these gaps. We don't create one-size-fits-all documents. We take the time to understand your specific situation and design a plan that actually works when your loved ones need it to.

Here's What Can Happen to Blended Families When a Spouse Dies

Mon, 30 Mar 2026 15:39:22 GMT

You trust your spouse completely. But if you're in a blended family and your estate plan simply says "everything goes to my spouse," your own children could end up with nothing - not because anyone meant harm, but because ownership changes everything.

Why "I Leave Everything to My Spouse" Feels Right

Most couples in blended families create simple wills that say, "I leave everything to my spouse." They also name each other as beneficiaries on their retirement accounts and life insurance policies. It seems to make sense, right? You trust your spouse. You believe they will "do the right thing." You may even have said, "Of course you'll make sure my kids are taken care of."

There's evidence of this, too. While both of you are alive, the family may get along beautifully. Holidays are shared. Grandchildren visit. There is no visible tension.

But the law does not enforce verbal promises. It enforces ownership.

When you leave assets outright to your spouse - through a will or beneficiary designations - your spouse receives those assets free and clear. There are no legal restrictions. There is no obligation to preserve anything for your children from your prior marriage.

Your spouse now owns everything. And ownership changes everything.

The Pattern That Repeats in Nearly Every Blended Family

Once the surviving spouse owns the assets outright, several predictable things can happen.

Life continues. The surviving spouse may remarry. They may revise their estate plan. They may change beneficiary designations. They may spend assets for retirement, healthcare, or a new lifestyle.

Even without bad intent, the surviving spouse will often prioritize their own biological children. That is human nature. When they eventually die, their estate plan typically leaves everything to their children - not to yours.

At that point, your children from your first marriage often receive nothing. Not because you did not love them. Not because you intended to exclude them. But because the structure of your plan allowed it.

I have seen families who got along famously while both spouses were alive fall apart after the first death. The surviving spouse is blamed for not "sharing." The children feel betrayed. Emotions escalate quickly.

The deceased spouse likely had good intentions and complete trust. But trust is not a legal strategy.

Bottom line: Once assets pass to your surviving spouse outright, your children from a prior marriage have no legal claim - no matter what was promised.

That gap between good intentions and legal reality is exactly where family conflict begins - and it often ends up in court.

When Conflict Moves Into Court

When children from a first marriage are left out, they are often shocked. They believed they would inherit something. They may have had verbal assurances from both spouses and feel betrayed. They may feel the situation is unfair.

Conflict frequently turns into litigation. Here is what that looks like in real life:

The deceased spouse's children challenge the will.
They claim that their parent was manipulated by the step-parent, or that their parent lacked the mental capacity to execute the will. These are the main legal options available in this situation.
The surviving spouse hires legal counsel to defend the estate.
Tens of thousands - often $50,000 to $100,000 or more - in attorneys' fees and court costs.
The estate administration is delayed for months or years.
Family members must take time away from work to attend court hearings, meet with their attorneys, and gather evidence.
Everyone involved expends enormous mental and emotional energy before and during the court process.
Once strong family relationships are permanently damaged.

Even after going through all this, judges are generally reluctant to invalidate properly drafted and executed wills. Courts generally assume that if you signed a will, you intended its outcome.

Importantly, some children cannot afford to contest the will at all. Litigation requires money. If the surviving spouse controls the assets, the children from the first marriage may not have the resources to fight, and they must accept that they will receive no inheritance.

The result is predictable: years of bitterness, significant expense, and unsatisfactory results.

Bottom line: Contesting a will is expensive, emotionally devastating, and rarely successful. The time to prevent this is now - not after it's too late.

So if the problem isn't love or intent, what is it? The answer comes down to the structure of the plan itself.

It's Not About Trust - It's About Structure

The issue in blended families is not love. It is not mistrust. It is an incomplete estate plan.

When your estate plan is incomplete, you could transfer ownership outright to your spouse and remove safeguards. You rely entirely on future decisions you will not be able to influence. You aren't educated on what could go wrong, and you don't know what options are available to ensure your plan does what you want it to.

The way people end up with incomplete plans is when they create a set of documents without strategic guidance, without being educated on what could happen, and without fully understanding what they're doing - even if they've worked with a lawyer.

But documents alone do not ensure your loved ones will be protected. What protects families is thoughtful design, an advisor who understands you and your family, and can help you craft a complete estate plan that ensures the people you love most will be cared for the way you want, and is updated over time as your life and assets change.

That may include:

Using a trust designed with asset protection in mind, instead of leaving assets outright.
Defining what your spouse can use during their lifetime.
Preserving a portion of assets for your children.
Coordinating beneficiary designations with your overall plan.
Communicating your intentions while you are alive.

This approach does not signal distrust. It creates clarity and security for the people you love most.
Bottom line: A well-designed plan protects your spouse AND preserves your children's inheritance. You don't have to choose.

Take Action Now to Protect Everyone You Love

If you are part of a blended family, a simple "everything to my spouse" plan may not accomplish what you believe it will. You need a plan that works when your loved ones need it to.

As your Lawyer for Life, we begin with education. We help you understand exactly what would happen to you, your family, and your assets if you were to die now. Then we design a Life & Legacy Plan that clarifies and documents your intentions and goals. Most importantly, when you are gone, your loved ones will not be left alone while they're grieving. They will have a trusted advisor who understands you and them, and can guide them through the process.

Let's create a plan that protects your spouse, honors your children, and prevents the conflict I see far too often.

Here's What Happens to Your Retirement Accounts After You Die

Mon, 23 Mar 2026 20:36:24 GMT

Retirement accounts follow different rules from other assets you may own. After you die, the people you love most may face unexpected tax burdens if you don’t understand how the rules work.

How Tax Laws Affect Retirement Accounts

Most inherited assets pass to beneficiaries income tax-free, but retirement accounts are an exception. Depending on the type of retirement account, withdrawals are subject to income tax that the beneficiary must report on their personal tax return.

Before 2020, many beneficiaries could stretch retirement account distributions over their own life expectancy, allowing the account to continue growing tax-deferred for decades, and stretching the distributions to control income. A young beneficiary inheriting a retirement account could take small required minimum distributions each year based on their life expectancy, lowering their income tax and potentially letting the account grow for 40 or 50 years.

The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 eliminated this option for most beneficiaries. Many people who now inherit a retirement account must withdraw the entire balance within 10 years of the account owner's death. This dramatically accelerates the tax burden on inherited retirement accounts.

The impact can be substantial. Shorter withdrawal windows force larger annual distributions, which push beneficiaries into higher tax brackets. When an adult child inherits a significant IRA during their peak earning years, those forced withdrawals compound with their regular income, potentially pushing them from a 24% federal tax bracket into 32% or even 35%. What looks like a $500,000 inheritance could net significantly less after taxes.

Understanding which beneficiaries avoid these harsh rules becomes critical to effective estate planning.

Who Gets Better Treatment Under Current Law

Not everyone faces the 10-year withdrawal rule. The SECURE Act created a category of beneficiaries who receive more favorable treatment. This category includes surviving spouses, minor children of the account owner, individuals not more than 10 years younger than the account owner, and disabled or chronically ill individuals.

Surviving spouses have the most flexibility. A surviving spouse can roll an inherited IRA into their own IRA, essentially treating it as if it had always been theirs. This allows the account to continue growing tax-deferred, and required minimum distributions don't begin until the spouse reaches the required age, which in 2026 is 73. This option can extend the tax-deferred growth by years or even decades.

Minor children of the account owner can use their life expectancy to calculate distributions, but only until they reach age 21. Once they turn 21, the 10-year clock starts ticking, and the account must be fully distributed by the time they turn 31.

Spouses generally can take distributions based on their life expectancy, which can extend significantly beyond 10 years for younger beneficiaries or those close in age to the account owner.

The key planning insight here is that preserving these favorable tax treatments requires careful coordination between your beneficiary designations and your estate planning documents. This is just one reason why you want a full estate plan, and not just a trust. When we are planning your estate, we consider the most favorable way to distribute your retirement account assets to your heirs.

How the Right Trust Can Solve Multiple Problems

You may have heard that naming a trust as beneficiary of a retirement account automatically creates problems or makes taxes worse. That's not accurate. The reality is that any planning for retirement accounts requires attention to detail, whether you're using a will, a trust, or simply naming beneficiaries directly.

The advantage of using a trust is that it can solve problems that direct beneficiary designations can't. Direct designations offer no protection if your beneficiary is going through a divorce, has creditor issues, or struggles with money management. They provide no control over when or how your beneficiary receives the money. And they give you no say in where the funds go if your beneficiary dies before fully withdrawing the account.

A properly designed trust addresses all these concerns while still preserving favorable tax treatment. The key is understanding that different trust designs serve different purposes, and the right choice depends on your specific family and financial situation.

Some trusts are designed to distribute retirement account withdrawals immediately to your beneficiary. This approach keeps the money taxed at your beneficiary's personal tax rate rather than the trust's tax rate, which matters because trusts reach the highest federal tax bracket at very low income levels. These trusts still provide some control; they can limit how much beyond the required minimum your beneficiary can access each year, and they control where remaining funds go if your beneficiary dies.

Other trusts are designed to hold withdrawn funds and distribute them according to standards you set, such as for health, education, or general support. These trusts provide the strongest protection from creditors, divorce, and poor spending decisions. The trade-off is that any income kept in the trust faces higher tax rates. For some families, particularly those with beneficiaries who have significant protection needs, this tax cost is worth paying for the security the trust provides.

What matters most is that your trust is specifically designed to work with retirement accounts. Generic trusts drafted without considering retirement account rules can create serious problems, forcing rapid withdrawals or losing favorable tax treatment entirely.

Why the Right Support Matters

Here's what many people don't realize: retirement account planning requires knowledge that goes beyond simply creating basic estate planning documents. The rules governing how retirement accounts interact with trusts are complex, they've changed significantly in recent years, and they continue to evolve as the IRS issues new guidance.

An estate planning attorney who understands retirement accounts will ask you specific questions about your family situation. Do you have a spouse who will need access to funds, or are you concerned about protecting assets in a remarriage situation? Are your children financially responsible, or do they need protection from their own decisions? Does anyone in your family have special needs that require careful coordination with government benefits? Are there significant age differences between your beneficiaries that affect tax planning?

Your attorney will also support you to ensure your trust meets specific requirements that allow the IRS to look through the trust to the actual beneficiaries. This involves technical details about how the trust is structured, when it becomes permanent, how beneficiaries are identified, and what documentation must be provided after your death. Miss any of these requirements, and your family could face the worst possible tax treatment.

Beyond the technical requirements, coordinating your retirement accounts with your overall estate plan means making sure all the pieces work together. This includes reviewing not just your primary beneficiary designations but also your contingent beneficiaries, confirming your trust provisions align with your intentions, and building in flexibility for the trustee to respond to tax law changes after your death.

All these considerations must be taken into account so you can create the right estate plan that works for you and everyone you love. There's no one-size-fits-all estate plan. What works perfectly for one family could create problems for another. This is why having the right support from an attorney who’s also a trusted advisor to you and your loved ones matters.

Taking the Next Step

Retirement accounts are too valuable and too complex to leave to chance. The difference between planning done right and planning done casually can easily cost your family tens of thousands of dollars in unnecessary taxes, not to mention the loss of asset protection and control over how your legacy is used.

As a Personal Family Lawyer® Firm, we help you create a Life & Legacy Plan that coordinates your retirement accounts with your overall estate plan, preserves favorable tax treatment where possible, and provides the protection your family needs. We don't create a set of one-size-fits-all documents. Instead, we take the time to understand your specific situation, assets, family dynamics, explain the options available to you, and design a plan that doesn’t fail when your loved ones need it to work.

Schedule your complimentary Life & Legacy Planning Session today!

Creating a Trust in Your Will vs. Creating a Living Trust: Part 2

Mon, 16 Mar 2026 17:37:41 GMT

A living trust offers immediate protection and probate avoidance, but understanding how it works and whether it fits your goals is essential to making the right choice.

How a Living Trust Works

A living trust, often called a revocable living trust, is created and funded while you're living and have legal capacity to make decisions. You transfer ownership of your assets into the trust now, naming yourself as the initial trustee. This means you maintain complete control during your lifetime. You can buy property, sell property, change investments, and manage everything exactly as you did before. The trust doesn't restrict you in any way.

The trust agreement includes detailed instructions about what happens to trust assets when you die or if you become incapacitated. Within the trust agreement, you will name a successor trustee, the person who will take over management of the trust assets when you can no longer serve as trustee. You specify who receives trust assets, when they receive them, and under what conditions. All the protective provisions you might include in a testamentary trust can be included in a living trust.

Here's the crucial distinction between a living trust and a testamentary trust: when you die or if you become incapacitated and cannot make decisions for yourself, the living trust already exists and already owns your assets. Your successor trustee doesn't need court permission to begin managing trust property. There's no probate filing. No waiting for court approval. No public disclosure of your assets or beneficiaries. The successor trustee simply follows the instructions you've provided in the trust agreement.

This means your family avoids the delay, expense, and public exposure of probate court. Your trustee can immediately pay bills, manage property, and begin distributing assets to your beneficiaries according to your timeline. If you've included provisions protecting your children's inheritance until they reach a certain age, those protections start working immediately. Your family gets the benefit of your planning right when they need it most.

The living trust also provides protection if you become incapacitated before you die. If illness, injury, or cognitive decline leaves you unable to manage your own affairs, your successor trustee can step in and handle things for you without requiring your family to go to court for guardianship proceedings. Your chosen successor simply steps into the role you've defined for them.

However - and this is critically important - living trusts only control assets that are actually transferred into the trust. In the world of estate planning lawyers, we call this "funding" the trust, and it's a crucial step many people overlook, even when working with a lawyer. If you create a living trust but never change the title on your house or retitle your bank accounts, then those assets aren't protected by the trust. When you die, those assets will need to go through probate. The trust can only control what it owns.

This is why working with a lawyer who has systems and processes set up specifically for estate planning, and ideally Life & Legacy Planning®, is so important. Creating a trust agreement is just the first step, and needs to be part of a full plan that covers all of your assets, ensures all of your assets are titled properly, all beneficiary designations are clarified and updated, and you are clear on how to keep everything up to date throughout the rest of your life. We have processes in our office for supporting just that.

Now that you understand how both types of trusts function, the question becomes: which one makes sense for your specific situation?

Understanding the Real Tradeoffs

Why would anyone choose a testamentary trust if living trusts offer so many advantages? The main reason comes down to upfront effort and cost. Creating a testamentary trust is usually less expensive initially because you're just adding provisions to your will. You don't have to transfer assets into a trust during your lifetime. All that happens in the probate process after you die.

For some, the cost of probate might not be substantial enough to justify the upfront expense of creating and funding a living trust. Others aren’t concerned about the probate process at all.

But consider the hidden costs your family will face. Even a simple probate proceeding typically costs several thousand dollars in legal fees and court costs. The process usually takes at least months, and often years. Your family must handle this while they're grieving, gathering documents, communicating with attorneys, and dealing with ongoing stress.

Compare that to the experience with a properly funded living trust. Your family meets with your successor trustee, who already knows what you wanted. They work together to handle immediate needs, notify beneficiaries, and distribute assets according to your wishes. The process is private, usually faster, and doesn't require court oversight. For most families, this experience is far less stressful and ultimately less expensive than probate.

Consider your family dynamics as well. If you have family members who might contest your wishes, the public nature of probate can fuel disputes. Anyone can access probate files and see what you left to whom. A living trust keeps everything private, which can help minimize conflict.

In addition, consider your specific assets and their complexity. If you own real estate in multiple states, you're facing probate proceedings in each state where you own property. A living trust holding all your real estate avoids this entirely. If you own a business, probate delays can harm business operations. A living trust allows seamless continuation of business management.

Understanding these tradeoffs helps clarify which approach makes sense for your situation. But you don't have to figure this out alone. Work with an experienced attorney - who’s also your trusted advisor - who can walk you through your specific circumstances so you’re confident you’re doing the right thing by those you love.

How I Help You Create a Plan That Actually Works

As your Lawyer for Life, we don't push everyone toward one type of trust. Instead, we start by helping you understand what will actually happen if you become incapacitated or when you die, based on the specifics of your family dynamics and your assets. We’ll walk you through the real costs, the real timeline, and the real experience your loved ones will face. Then we'll help you evaluate what matters most to you and make an informed decision that fits your desires and budget.

If a living trust makes sense for your situation, we won’t just create the document and send you on your way. We'll help you fund the trust properly, making sure assets are retitled correctly and nothing is overlooked. Then, we’ll make sure your plan stays up to date throughout your lifetime, and you have support when you need it throughout life.

Most importantly, we'll be there for your family when you're gone or if you become incapacitated. That ongoing relationship makes all the difference. Your loved ones won't be left alone trying to figure out what to do. They'll have a trusted advisor who knows you, knows your wishes, and can guide them when you can’t.

If you’d like this kind of care for yourself and the people you love, call our office today to schedule your complimentary Life & Legacy Planning session today.

Creating a Trust in Your Will vs. Creating a Living Trust: Part 1

Mon, 09 Mar 2026 18:11:12 GMT

In this two-part series, I'll help you understand what each type of trust actually does and how to choose the approach that matches what matters most to you and your loved ones. Here in Part 1, let’s dive into what happens when you create a trust in your will and help you evaluate what you're really trying to achieve.

What Happens When You Create a Trust in Your Will

A trust created in your will, called a testamentary trust, only comes into existence after you die, and after your executor has navigated a court process to establish the trust. Your will might say something like "upon my death, I direct that my assets be held in trust for my children until they reach age 25." This provision offers some protection by controlling when your children receive their inheritance. But it doesn't keep your family out of court.

All wills must go through probate court. Therefore, when you die with a will containing trust provisions, your loved ones must go through probate before the trust can be created. This process typically takes months, sometimes years. While your loved ones wait for the process to unfold, your assets are basically frozen, potentially putting your loved ones in an unstable financial position.

Here’s what the probate process looks like:

Your family must first locate your original will and file it with the probate court.
The court then officially appoints your named executor, who must notify all potential heirs and creditors of your death.
Your executor must gather all your assets, have them appraised, pay your debts and taxes, and prepare detailed accounting reports for the court.
Only after the court reviews and approves everything can your assets be distributed into the newly created trust, which must be approved by the judge.

Your family may also face significant costs. Probate involves court filing fees, legal fees, appraisal costs, and sometimes accounting fees. These expenses come directly out of your estate, reducing what's left for your loved ones. In many states, attorney fees and executor fees are calculated as a percentage of your estate's value. And because probate is a public court process, anyone can access information about what you owned and who you left it to.

Here's what really matters: you're essentially doing double the work to achieve the same outcome you could have accomplished with a living trust, but with added expense, a longer timeline, and far greater possibility for family conflict. You're creating a trust that provides the same protections a living trust offers, but you're forcing your family to go through an entire court process first. And that's only part of the problem. Because a will only takes effect when you die, it also leaves a critical gap in protection while you're still alive.

What a Will Can't Do While You're Still Alive

A will only takes effect when you die, which means it does nothing to protect you if you become incapacitated first. Most people rely on a Power of Attorney, or “POA,” to authorize someone to manage their finances if they're unable to do so. But here's the catch: a POA automatically ends the moment you die.

That creates a dangerous gap. The second you pass, your POA's authority disappears — but your executor has no power either until the probate court officially appoints them. Accounts get frozen, bills go unpaid, and your family can't touch a thing while they wait. A living trust eliminates this gap entirely. Because it exists right now, your successor trustee has uninterrupted authority to manage your assets through incapacity and seamlessly at your death — no court approval required, no delay, no financial limbo for your family.

All of this brings us to the most important question: what are you actually trying to accomplish? The gaps we've just covered - probate delays, frozen accounts, the POA cliff - aren't inevitable. They're the result of choosing a planning tool without first understanding your real goals.

What Are You Really Trying to Accomplish?

Before you can decide between a testamentary trust and a living trust, you need to get clear about what you're actually trying to achieve. Most people know they want "a trust" because someone told them trusts are good planning tools. But trusts accomplish different things depending on how they're structured.

Is your primary goal avoiding probate court? If keeping your family out of court matters to you, then how you create your trust makes a huge difference. A testamentary trust doesn't avoid probate. A living trust does. If probate avoidance is your main concern, that answer alone might determine your choice to create a living trust.

Do you want to control how and when your beneficiaries receive their inheritance? Maybe you have young children, and you don't want them inheriting everything at age 18. Both testamentary trusts and living trusts can accomplish these distribution goals. From a distribution control standpoint, both types of trusts can be structured identically.

However, assets will not be available for your children during the probate process, so if availability is a concern for you, a living trust may be a good choice.

Do you want to protect your assets if you become incapacitated before you die? This is where the timing of trust creation makes a critical difference. A testamentary trust doesn't exist until you die, so it offers no protection during your lifetime. If you become unable to manage your affairs, your family would need to pursue guardianship or conservatorship proceedings in court. A living trust, however, allows your chosen successor trustee to step in and manage things for you without court intervention.

Understanding your true priorities helps clarify which approach makes sense. If your goals center entirely on controlling distributions and you're not concerned about probate costs or delays, then a testamentary trust might suffice. But if you want probate avoidance, incapacity protection, or immediate access to trust protections when you die, then the timing of when you create the trust becomes critically important.

Next week, in Part 2, I'll explain how living trusts work and how to make the final decision about which approach fits your situation.

How I Help You Identify What Matters Most

As your Lawyers for Life, we don't focus on the documents themselves because we believe documents are the byproduct of good planning. Planning starts with getting clear on what matters most, so our Life & Legacy Planning process starts with education and understanding during a Life & Legacy Planning Session. During your session, you’ll get clear about what would actually happen to your family when you die or if you become incapacitated. We'll walk through the real costs, the real timeline, and the real experience your loved ones will face. Then we'll identify your true priorities so you can make an informed decision and create the right plan for you.

Why Quick and Simple Estate Plan Reviews Don't Exist

Mon, 02 Mar 2026 17:19:59 GMT

The reality is that there's no such thing as a simple document review when it comes to estate planning. What seems like a straightforward question actually opens up a myriad of legal, financial, and personal considerations that require thorough analysis and consideration, if you want to ensure your plan doesn't fail the people you love.

The Hidden Complexity Behind Document Reviews

When someone asks an attorney to review estate planning documents, they're really asking several interconnected questions that affect their and their loved ones’ future security. Each question requires careful analysis, and skipping any of them could create a legal mess later that may be costly and time-consuming to resolve.

Here are the steps an attorney should take:

1.Determine whether the documents are legally valid under current law and in your jurisdiction.
State laws, federal and tax laws change frequently. What was legally valid when documents were originally created might not meet today's requirements - or were never valid to begin with (especially if you’ve drafted the documents yourself). For example, you likely don’t know that most banks and brokerage houses will not accept a power of attorney signed more than 3 years prior, and some even more recent. That means your loved ones could have no access to your assets in the event of your incapacity.

If you’ve moved from one state to another, an analysis of how you want your plan to work and whether it does under your new state’s law could require a chunk of attorney time.

Tax laws may also impact your plan, and the attorney will need to determine whether your plan should be amended to take advantage of tax strategies that may apply now.

These kinds of reviews could cost more in attorney time than it would to simply create a new plan from scratch.

2. Evaluate whether the plan actually accomplishes what you think it does. Many people believe they have a complete estate plan when they actually have significant gaps. This is especially a problem when you create a set of documents and think you’ve created a whole plan. This is almost never the case.

Gaps in your estate plan may include whether the plan addresses the following:

What happens if a primary beneficiary dies before you do - both in your plan documents and your beneficiary policies
Whether minor children have been protected from receiving large inheritances before they're mature enough to handle money responsibly
Whether the plan accounts for the possibility of incapacity, not just death
Whether your loved ones know where to find all your assets, so none get lost
Whether your loved ones know how to access your passwords
If you have enough insurance to ensure your loved ones don’t end up in financial stress
If accounts will be accessible to your loved ones after you die, so that bills continue to get paid

These are just some of the gaps that need to be addressed. It’s not an exhaustive list.

3. Assess whether the documents work together as a cohesive plan or create conflicts that could lead to expensive and time-consuming court battles.

There are cases where someone's will says one thing, their trust says another, and their beneficiary designations contradict both.

When conflicts exist, families will end up in court, while a judge, a complete stranger to you and your loved ones, decides what you really meant. It’s possible no one is happy with the outcome, especially if they’ve spent thousands of dollars and years in court.

But the complexity doesn't stop there. Even perfectly drafted documents can fail if a critical step in the planning process was overlooked.

The BIG Problem Nobody Talks About

Here's something that catches almost everyone by surprise: if you’ve created a trust, it will not work if assets haven't been properly transferred into it and beneficiary designations or TOD or POD forms have not been completed properly. In the world of estate planning, we call this “funding”, and it is where most trust plans completely fail (even if you worked with a lawyer to create your legal documents).

You could spend thousands on a will, trust, health care directive and power of attorney, all delivered to you in a beautiful binder, all of which becomes worthless because your lawyer didn’t have a process to ensure you changed the title on your bank accounts, your house, or your investment accounts, and doesn’t have a system to ensure that new assets are titled properly when acquired in the future. And, it’s not just titling, but beneficiary designations that need to be reviewed and updated regularly. Finally, the mere fact that the assets exist should really be inventoried at least annually.

Reviewing whether an estate plan is properly funded requires examining title documents, account statements, beneficiary designations, and business documents. An attorney needs to verify that each asset is titled correctly and that beneficiary designations align with the overall plan. This isn't a five-minute task. A review requires methodical analysis of the entire financial picture.

Consider this common scenario: someone creates a trust with careful instructions for how assets should be divided among family members, but their life insurance policy still names their spouse as the sole beneficiary. When they die, the insurance payout goes directly to the spouse, bypassing the trust entirely. That money could end up with a future spouse or stepchildren rather than the children the plan was designed to protect. A thorough review would have caught this conflict while it could still be fixed easily.

This is exactly why attorneys can't offer quick, surface-level reviews. There is a lot of time and resource allocation that must go into each review - even if you think your situation is simple.

Why Cutting Corners Creates Liability

When someone asks an attorney to "just quickly review" documents, they're asking for legal advice based on incomplete information. Attorneys can't responsibly do that. If an attorney says a plan looks fine after a cursory review, and it later turns out there were serious problems that weren't caught, you (or your family) may have a case against the attorney for malpractice. More importantly, your loved ones could suffer significant financial harm that proper planning would have prevented.

Professional responsibility to you, the client, requires that your attorney either perform a thorough review or decline to review documents at all. There's no middle ground that protects you. This means the attorney must examine documents in detail, ask questions about your family dynamics and assets, research how current laws apply to your specific circumstances, and provide an analysis of findings. This process requires time, expertise, and an associated cost.

While the investment in a thorough review might seem like more than you thought it should, it pales in comparison to what you and your loved ones face when inadequate planning fails at the worst possible time. By then, it will be too late to fix.

What to Reasonably Expect
The consultation fee for a thorough review might seem expensive until it's compared to what families will spend if an inadequate plan fails. Probate proceedings typically cost thousands of dollars and take a year or more. Legal battles between family members over unclear provisions can cost tens of thousands. The emotional toll of watching loved ones fight over an estate while grieving a loss is incalculable.

If you want to ensure you have a complete plan that works for you and your loved ones, saves money, keeps them out of court and conflict, and protects your minor children if you were no longer able to raise them, you should expect to pay at least $1,000 for a comprehensive review of your plan - including an inventory of all your assets, what matters to you, and a review of all of your documents - no matter how “easy” you think your situation may be (in my experience almost everyone thinks their circumstances are easy, but almost never are).

Expect to fill out a questionnaire, or complete some “homework” for the attorney before you meet, and expect that the attorney will spend time preparing to meet with you, and hours to review your current documents, financial information, and statements, the status of trust finding, meet with you, and offer counsel based on the analysis of your current plan. If you need or want to make updates, there will be an additional cost.

How We Support You and Your Loved Ones

A comprehensive review is not about the documents themselves. It’s about investing in peace of mind, knowing your loved ones will be cared for according to your wishes, without unnecessary legal complications, family conflict, or financial waste. It’s about making sure no assets are lost, your loved ones have financial stability, your children aren't taken into the care of strangers, and your family knows what to do when the time comes.

The Lady Bird Deed: 5 Risks to Consider Beyond Medicaid Protection

Wed, 18 Feb 2026 01:16:02 GMT

A Lady Bird Deed can protect your home and simplify things for your family after you're gone, but it's not a complete estate plan on its own. Understanding when this tool works and when you need more comprehensive planning makes all the difference.

What Lady Bird Deeds Do

Let's start with what a Lady Bird Deed does well, because it genuinely is a valuable estate planning tool when used correctly.

A Lady Bird Deed, also called an Enhanced Life Estate Deed, allows you to transfer your home to your chosen beneficiaries automatically when you die, without going through probate court. This means your home passes to your children or other beneficiaries immediately, without the delays, costs, and public proceedings that probate requires.

For many families, avoiding probate is a significant benefit. Probate can take twelve to eighteen months or longer, cost thousands of dollars in legal and court fees, and require multiple court hearings and extensive paperwork. A Lady Bird Deed eliminates probate concerning your home (unless you have a fully-funded trust or have properly designated beneficiaries); other assets would still need to go through probate). When you die, your beneficiaries simply record your death certificate, and the property becomes theirs.

Unlike a traditional life estate deed, a Lady Bird Deed lets you maintain full control of your property while you're alive. You can sell it, mortgage it, refinance it, or even change your mind about who gets it after your death, all without needing anyone's permission or signature. This flexibility is crucial if you need to sell your home to move into assisted living or want to take out a reverse mortgage.

In Florida and other states that recognize the Lady Bird Deed, they also protect your home from Medicaid estate recovery programs. Because property transferred through a Lady Bird Deed passes outside of probate, estate recovery programs can't reach it. This protection can save your family tens of thousands of dollars.

Your beneficiaries also receive an important tax benefit. They get a step-up in basis, meaning the property's value for tax purposes becomes whatever it's worth when you die, not what you originally paid for it. This can save them thousands in capital gains taxes if they later sell the property.

How Lady Bird Deeds Work for Medicaid Planning

One of the most valuable aspects of the Lady Bird Deed is how it protects your home while maintaining Medicaid eligibility. This matters enormously if you or your spouse might need long-term care in a nursing home or assisted living facility.

Medicaid pays for long-term care, but only after you've spent down most of your assets. To qualify for Medicaid, you typically can't have more than $2,000 in countable assets. Your home is usually exempt while you're living in it, but what happens after you die?

In Florida and other states that recognize Lady Bird Deeds, estate recovery programs try to recoup what Medicaid spent on your care by making claims against your estate after you die. If your home goes through probate, the state can force its sale to recover these costs, potentially leaving nothing for your children.

Here's where Lady Bird Deeds becomes powerful. Because the property transfers automatically outside of probate, estate recovery programs cannot reach it. Your home passes directly to your beneficiaries, protected from Medicaid claims. This can preserve tens of thousands or even hundreds of thousands of dollars in value for your family.

Even better, creating a Lady Bird Deed doesn't trigger Medicaid's look-back period. Medicaid examines any asset transfers you made in the 60 months before applying for benefits. Transfers during this period can create penalty periods that delay your eligibility. But because you retain complete ownership and control with a Lady Bird Deed, Medicaid doesn't consider it a transfer. You can create the deed today and apply for Medicaid tomorrow without any penalty.

This is dramatically different from other planning strategies. If you simply give your home to your children or create a traditional life estate deed, you trigger the look-back period and may create months of Medicaid ineligibility. Lady Bird Deeds avoids this problem entirely.

However, understand that Lady Bird Deeds only protect your home. They don't help you qualify for Medicaid if you have other non-exempt assets above the asset limits. You still must spend down bank accounts, investments, and other property to meet Medicaid's asset limits.

Why a Lady Bird Deed Alone Isn't Enough to Protect Your Loved Ones
A Lady Bird Deed is an excellent tool for protecting your home specifically, but it leaves significant gaps in your overall estate plan. Understanding these limitations helps you see why you need additional planning tools to work together.

First, a Lady Bird Deed only covers real estate. Your bank accounts, investment accounts, vehicles, personal property, and any other assets you own all require separate planning. Many people execute a Lady Bird Deed and mistakenly believe their estate planning is complete, only to leave their families dealing with probate for everything else they owned.

Second, a Lady Bird Deed provides no incapacity protection. They only take effect when you die. If you become incapacitated from a stroke, accident, or dementia, the Lady Bird Deed does nothing to help your family manage your property or pay your bills. Without additional documents like powers of attorney, your family faces expensive and time-consuming court proceedings to gain the authority to act on your behalf.

Third, a Lady Bird Deed doesn’t communicate your intentions. When your beneficiaries inherit your home, do they know what you wanted them to do with it? Should they keep it as a family gathering place? Sell it and split the proceeds? Rent it out for income? Without clear guidance, beneficiaries often disagree about the best course of action, creating family conflict during an already difficult time.

Fourth, a Lady Bird Deed could create vulnerability if circumstances change. If your named beneficiary dies before you do and you haven't updated the deed, your home goes through probate anyway. If your beneficiary becomes incapacitated, has creditor problems, or goes through a divorce, complications can arise that affect the property transfer.

Fifth, Lady Bird Deeds do not provide asset protection for your beneficiaries. Your loved ones inherit the property outright, which means it’s subject to creditors’ claims, those who prey on vulnerable beneficiaries, and divorce. In these and similar cases, the property is free for the taking.

The most effective approach combines a Lady Bird Deed for your home with other essential planning tools. You need a will or trust to address all your other assets, powers of attorney for both financial and healthcare decisions during any period of incapacity, healthcare directives that clearly express your medical treatment wishes, guardianship nominations if you have minor children, and specific provisions for any beneficiaries with special circumstances like disabilities or substance abuse issues.

Think of your estate plan like a puzzle. A Lady Bird Deed is one important piece, but you need all the pieces working together to create complete protection for your family. Using only a Lady Bird Deed is like building a house with a solid roof but no walls. The roof matters, but it's not enough to protect what's underneath.

Take the First Step Toward Protecting The People You Love Most

If you've been told that a Lady Bird Deed is all you need, or if you've already created one and thought your estate planning was complete, it's time to take the next step. As your Lawyer for Life, we help you create a Life & Legacy Plan so that your loved ones stay out of court and conflict and have a plan that works when they need it to.

This is why I start with a Life & Legacy Planning® Session before creating any documents. During this session, I guide you through creating a complete inventory of everything you own, and I walk you through exactly what would happen to you and your assets if you became incapacitated or died today. Then, I’ll explain your planning options so you can make informed, empowered decisions based on your family dynamics, your assets, and your budget. This educational approach ensures you're not just buying documents because someone told you that's what you need, but rather creating a comprehensive plan that actually works when your loved ones need it to.

What Happens to Your Debt When You Die?

Mon, 09 Feb 2026 20:53:13 GMT

Many people worry about leaving debt behind for their loved ones, but the reality of what happens to debt after death is more complex than you likely realize.

How Debt Is Generally Handled After Death

When you die, your debts don't simply disappear. Instead, they become obligations of your estate. Your “estate” is the legal name for everything you own at the time of your death. Your estate includes your bank accounts, real estate, investments, personal property, and any other assets you've accumulated.

Before any of your assets can be distributed to your beneficiaries or heirs, your debts will be paid from your estate. This process happens during probate, a court-supervised procedure for settling your financial affairs after death. The person handling your estate is responsible for identifying all your debts, notifying creditors, and paying legitimate claims from available estate assets.

If your estate has enough assets to cover all your debts, creditors get paid and your beneficiaries receive what's left over. But what happens if your debts exceed the assets of your estate? In most cases, creditors accept whatever the estate can pay, and the remaining debt dies with you. Your family members generally are not responsible for paying your debts from their own money unless they fall into one of the exceptions I'll discuss below.

Types of Debt and Who's Responsible

Not all debts are treated equally after death. Some types of debt carry more risk for your loved ones than others:

Secured debts are tied to specific assets, like your home (mortgage) or car (auto loan). If you die with a mortgage, the lender has a claim against the property itself. If no one takes over the payments, the lender can foreclose and sell the home to recover what's owed. However, if someone inherits the property and wants to keep it, they'll generally need to continue making payments or refinance the loan in their own name.

Unsecured debts like credit cards, personal loans, and medical bills don't have specific collateral backing them. These creditors can make claims against your estate during probate, but if the estate lacks sufficient funds, they typically cannot pursue your family members for payment. These debts may still need to be paid by your estate before your loved ones receive their inheritance.

Joint debts are a different story entirely. If you took out a loan or opened a credit card account jointly with another person (typically a spouse), that person remains fully responsible for the entire debt after your death, regardless of what happens to your estate. This is why it's crucial to understand the difference between being a joint account holder and being an authorized user, the latter of which doesn't create personal liability for the debt.

Co-signed debts also create ongoing liability to your co-signer. If someone co-signed a loan for you (perhaps a parent co-signed your student loans or a friend co-signed your car loan), that co-signer becomes fully responsible for repaying the debt when you die. The creditor can pursue the co-signer for the full amount owed, and this obligation exists regardless of what happens with your estate.

While these general rules apply in most situations, there's one important exception that affects married couples in certain states. If you're married and live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), special rules apply. In these states, debts incurred during the marriage are generally considered community debts, meaning both spouses are responsible for them. This means your surviving spouse may be personally liable for debts you accumulated during the marriage, even if only your name appears on the account.

Beyond these state-specific rules, there are a few other scenarios where your family might find themselves responsible for your debts.

When Family Members Might Be Liable

Beyond joint accounts and co-signed loans, there are other situations where your family might face responsibility for your debts. If your spouse or another family member continues using your credit cards after your death without notifying the creditor, they can become personally liable for those charges. Similarly, if a family member verbally agrees to pay your debts from their own funds (rather than from estate assets), they may create personal liability for themselves.

Some states also have "filial responsibility" laws that could, in theory, require adult children to pay for their parents' unpaid medical or long-term care expenses. However, these laws are rarely enforced and only exist in about half of U.S. states.

The good news is that with proper planning, you can take steps today to reduce the likelihood that your loved ones will face these complications.

Protecting Your Loved Ones From Your Debt

While you can't control everything, you can take steps now to minimize the impact of your debts on your family. Consider the financial implications before co-signing loans or opening joint accounts. Maintain adequate life insurance to cover major debts like mortgages. Keep good records of all your debts and assets so your executor knows what needs to be addressed. Most importantly, communicate openly with your family about your financial situation so they aren't blindsided after your death.

Finally, create or update your estate plan now before it’s too late. Once you lose capacity - or if you die suddenly - the opportunity to protect your loved ones from liability vanishes.

How I Help You Protect Your Loved Ones

Understanding what happens to debt after death is just one piece of comprehensive planning for your family's future. As your Lawyers for Life, we help you create a Life & Legacy Plan that addresses not just debt concerns, but all the practical and legal realities your loved ones will face when you're gone. We'll work with you to ensure your assets are properly titled, your documents clearly express your wishes, and your family has a trusted advisor to turn to for guidance when they need it most.

Take the first step toward peace of mind. Schedule your complimentary Life & Legacy Planning Session today!

Where Will You Live and How Will You Get and Pay For Care As You Age? A Legal and Practical Guide

Mon, 02 Feb 2026 18:17:26 GMT

Planning for aging involves more than choosing where to live. It requires understanding how residence decisions affect Medicaid eligibility, asset protection, and your legal rights.

The Main Residence Options

Most older adults prefer aging in place, or staying in their own home as long as possible. You might need modifications like grab bars or ramps, and many people hire home health aides for help with daily tasks like bathing or medication management. The familiarity and independence are powerful, but staying at home requires planning for increasing care needs.

Independent living communities offer apartments designed for active seniors who don't need daily assistance. Think of it as an age-restricted apartment complex with social activities, dining options, and maintenance-free living. You maintain independence but have a built-in community, which is important for seniors’ mental health.

When someone needs regular help with daily activities like dressing, bathing, or managing medications, assisted living facilities bridge the gap between independence and nursing care. Residents typically have their own apartment but receive personalized care services, with meals, housekeeping, and activities included.

Memory care units are specialized facilities for people with Alzheimer's or dementia. They're typically secured units with staff trained in dementia care, designed to be safe and less confusing with structured routines.

Skilled nursing facilities, or nursing homes, provide 24/7 medical care for people who need constant supervision and help with all daily activities. Some people stay temporarily after surgery, while others need long-term placement.

Continuing care retirement communities (CCRCs) offer a continuum of care on one campus. You might start in independent living and transition to assisted living or nursing care as needed, providing security that you won't need to move again. However, they usually require significant upfront entrance fees.

The Legal & Financial Issues You Can't Ignore

Here's what catches most families off guard: these residence decisions can trigger serious legal and financial consequences that often aren't obvious until you're in crisis mode. The more you think ahead, the more you can plan and save the assets your family has worked a lifetime to accumulate.

The biggest issue to address is the unanticipated or planned for cost of long-term care needs. Nursing home care runs $8,000 to $15,000 monthly in many areas, which can be either unaffordable or result in destitution of a family and complete loss of accumulated assets. The answer for many families is Medicaid assistance, which is governmental support to cover the costs of long-term care. But Medicaid has strict asset limits, meaning you would need to destitute yourself to qualify to receive Medicaid benefits. And, by the time there is a crisis, it can be too late to save or protect assets that otherwise could have been protected. In most states, there is a 5-year lookback rule, meaning any transfers made within 5 years of needing care are counted as assets of the person needing care, often creating disqualification from governmental support for care.

This is why planning early matters. You’ll need support to understand whether to keep the family home, sell it, or transfer it in ways that won't trigger penalties or estate inclusion for Medicaid qualification purposes. There are exemptions, so you need to know the rules before acting.

For example, while Medicaid rules allow you to keep your home and still qualify for benefits, after death, Medicaid has estate recovery rights. This means the government could put a lien on the house to recoup what was paid for care on your behalf. Understanding these rules now will help you plan accordingly before it’s too late to take action and protect assets from the cost of unplanned long-term care needs.

Documents You Need Before Crisis Hits

The single most important legal step is getting powers of attorney in place while you (and your parents) still have mental capacity. Once someone develops dementia, cognitive decline, or otherwise becomes incapacitated, it's too late to sign legal documents. In that case, you would need to go to the probate court to seek conservatorship or guardianship to be able to make legal decisions, and this process can be expensive, time-consuming, and strip away your family’s agency and autonomy.

You need two types of powers: a durable financial power of attorney (so a named person can manage bills, investments, and property) and a healthcare power of attorney (so a named person can make medical decisions).

Financial Considerations Beyond Monthly Rent

Many families don't realize their parent might qualify for VA Aid & Attendance benefits, which can provide $1,500 to $2,300 monthly toward assisted living or home care. The application process is complex, and the VA also has a lookback period for asset transfers, but these benefits can make a significant difference.

Long-term care insurance can help cover costs, but these policies often have strict definitions of when benefits trigger - usually needing help with two or more "activities of daily living." Families frequently face pushback from insurers about whether their loved one qualifies, making it important to understand policy terms and advocate effectively.

Protecting Against Exploitation

Sometimes, the contracts you or your parents sign can obligate you or them to hundreds of thousands in entrance fees, with complex terms about refunds, fee increases, and what happens if they need to move out. These contracts often favor the facility, with problematic clauses about discharge rights and what services are actually included versus "available for additional fees."

Unfortunately, financial exploitation increases when older adults are vulnerable. This happens in all settings - from home (often by family members or caregivers) to facilities. Establishing safeguards like limited powers of attorney, trust protections, and monitoring systems helps protect vulnerable seniors. Planning ahead, with a comprehensive estate plan, can help protect your loved one.

Plan Before You're in Crisis

Most families wait until there's a crisis - a fall, a stroke, a dementia diagnosis - before thinking through these issues. By then, options are limited, and decisions get made under pressure.

The decision of “where to live” isn't just about housing. It's about preserving assets, maintaining dignity and control, protecting against exploitation, and ensuring quality care. Families who plan ahead have many more options than those who wait.

Start the conversation now. Understand the options. Get the essential legal documents in place. Your future self, or your parents, will thank you for thinking this through before a crisis forces your hand.

Schedule your complimentary Life & Legacy Planning Session today!

Why So Much Money Ends Up as Unclaimed Property and What That Means for You

Mon, 26 Jan 2026 19:18:46 GMT

Every year, billions of dollars quietly sit with state governments, unclaimed and forgotten. Learn how proper estate planning keeps what you own from getting lost.

What Unclaimed Property Actually Is

When most people hear the term "unclaimed property," they might imagine abandoned real estate or forgotten treasures hidden in old storage units. The reality is far more ordinary, and it affects millions of Americans every year.

Unclaimed property refers to financial assets that have gone dormant because there's been no activity or contact between the owner and the institution holding the funds for a certain period, typically between one and five years depending on state law. When a company can't reach the owner after this legally required time, it must turn the asset over to the state through a process called escheatment. The state doesn't own the property permanently but becomes the caretaker until someone claims it.

The types of assets that become unclaimed are surprisingly common and include forgotten bank or credit union accounts, often opened years ago with minimal balances that seemed too small to worry about. Uncashed checks or refunds frequently go missing after someone moves without updating their address.

Other examples include stocks, dividends, or mutual funds purchased decades ago and forgotten, life insurance payouts that beneficiaries never knew existed, contents of abandoned safe-deposit boxes, and even payroll checks from former employers. When someone changes jobs and moves without leaving a forwarding address, that final paycheck can easily become unclaimed property.

How Assets Disappear and Why It Can Happen to Anyone

People lose track of assets for remarkably ordinary reasons that have nothing to do with irresponsibility or carelessness. Changing jobs means potentially losing track of old retirement accounts amid the chaos of starting a new position. Name changes through marriage or divorce can disconnect you from accounts registered under a previous name, especially if you don't notify every institution about the change.

When a loved one dies, family members often don't know about every account or policy the deceased held. Without a comprehensive list of assets or a system for tracking financial information, important accounts simply get overlooked. This may account for significant sums that the deceased wanted their loved ones to have, and which could have made a difference in their lives.

The scope of this problem is staggering. Across all 50 states, governments collectively hold an estimated $70 billion in unclaimed property. According to the National Association of Unclaimed Property Administrators, states return billions annually to rightful owners, yet the total amount held continues to grow each year. This means that despite ongoing awareness efforts, more property becomes unclaimed faster than it gets reunited with owners.

These statistics represent real people who worked hard for their money, saved diligently, or were entitled to benefits they never received. The problem isn't going away on its own because modern financial life has become increasingly fragmented. Most people maintain relationships with multiple banks, investment companies, insurance providers, and employers throughout their lives, creating numerous opportunities for assets to fall through the cracks. Accounts are managed online, without paper statements, and unless loved ones have knowledge of the accounts, plus the passwords to access them, assets will get lost.

The Purpose Behind the February 1st Observance

National Unclaimed Property Day was established with three clear goals. First, it encourages people to search state databases and reclaim lost assets that belong to them. Second, it educates the public about how easily property becomes unclaimed, helping people understand the problem isn't just about irresponsibility. Third, it aims to prevent future losses through better financial organization and planning.

February 1 was chosen intentionally as an early-year date, serving as a "clean-up and reset" moment before tax season begins and before another year passes with assets sitting idle in state custody. States, consumer advocates, and financial professionals use the day to push a simple message: "Check. Claim. Prevent."

Taking Action: What You Can Do Right Now
The most immediate action you can take right now is to search (or, “check”) for unclaimed property in your name. Every state maintains a free, searchable database of unclaimed property. Visit your state treasurer or comptroller's website and look for the unclaimed property section. The search takes just a few minutes and requires only your name and the state where you've lived.

There is no one database to search for property, so if you've moved during your life, search in every state where you've resided or worked. The National Association of Unclaimed Property Administrators maintains a website at unclaimed.org with links to all state databases, making it easy to search multiple states quickly.

When searching, try variations of your name including your maiden name if applicable, nicknames you may have used professionally, and names with and without middle initials. Companies may have listed your property under any of these variations. If you find property that belongs to you, the claiming process is free. States don’t charge fees to return property to rightful owners, though you may need to provide identification and documentation proving ownership. If you’re claiming property for a loved one’s estate, you’ll also need to provide a death certificate, proof of your identity and other identifying documents the state requires.

The claiming process is arduous and time consuming - and states can deny claims. Therefore, the more important work involves preventing future losses. The right estate planning can help. When you work with me, I’ll support you to create a comprehensive list of all your financial accounts, including banks, investment firms, retirement accounts, life insurance policies, beneficiary designations, and any other assets you own. You’ll include account numbers, contact information for each institution, and approximate values. I can even help you update this inventory annually.

I also recommend that you store your inventory in a secure but accessible location, and make sure at least one trusted person knows where to find it and how to access it if you become incapacitated and when you die.

Finally, it’s a good rule of thumb to update your address and contact information with every financial institution whenever you move. Consider consolidating accounts where it makes sense, as fewer accounts mean fewer opportunities for something to slip through the cracks.

The Bigger Picture

National Unclaimed Property Day shines a light on a quiet but costly truth: if no one knows what you have, where it is, or how to access it, your assets can disappear into bureaucracy. The goal isn't just to reclaim forgotten assets. The real goal is to make sure nothing you worked for ever becomes "lost" in the first place.

This February 1, take a few minutes to search for unclaimed property. Then take the more important step of organizing your financial life so your assets stay with the people you intend to benefit from them. Your future self and your loved ones will thank you.

How I Help You Protect Your Assets and All the People You Love

National Unclaimed Property Day reminds us that even the most diligent people can lose track of assets in our increasingly complex financial world. But you don't have to leave this to chance or rely on a once-a-year reminder to protect what you've worked so hard to build.

As your Lawyer for Life, we help you create a comprehensive Life & Legacy Plan that ensures your assets reach the people you love instead of becoming another state statistic. Once you've created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected. I also have systems in place to review and update your plan regularly as your life changes, taking the burden off your shoulders while ensuring nothing falls through the cracks.

Schedule your complimentary Life & Legacy Planning Session today!

Frozen Accounts, Court Delays, and Grief: What Happens in the Probate Process

Mon, 19 Jan 2026 17:25:52 GMT

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Your mom told you not to worry; she had everything handled. You were her power of attorney, helping her pay bills and manage her accounts. When she passed away, you assumed you'd simply continue handling things the same way you had been.

Then you tried to deposit the insurance check. The bank clerk looked at the check, looked at your power of attorney paperwork, and shook her head. "I'm sorry, but we can't accept this. You'll need to go through the probate court first."

Suddenly, you're facing a legal process you know nothing about, at a time when you can barely function through your grief. The mortgage payment is due. Bills are piling up. And everything you thought was handled has turned into a complicated mess.

Understanding why this happens starts with knowing what shifts the moment someone dies.

Authority Disappears

Most people don't realize that any legal authority created through a Power of Attorney they may hold during a parent's lifetime vanishes the instant that parent dies. The documents that allowed you to help manage accounts, make financial decisions, and handle day-to-day business become meaningless pieces of paper.

This catches families off guard because it seems illogical. You were trusted to handle these matters yesterday. Why can't you handle them today? The answer lies in how the law views death. When someone dies, their legal identity changes. Assets that belonged to a living person now belong to an estate, which is a separate legal entity that must be properly administered through the court system.

Without the right planning in place beforehand, no one has automatic authority to manage estate assets. Not the closest family member. Not the person who had been helping with finances. Not even someone named in documents that worked perfectly well during the person's lifetime.

This sudden loss of authority creates immediate practical problems that catch loved ones completely unprepared.

Accounts are Frozen

Financial institutions have strict rules about who can access accounts after someone dies. They're legally required to protect assets until someone proves they have proper authority to manage them. This means accounts get frozen, checks get issued to estates rather than individuals, and transactions come to a halt.

For loved ones, this creates immediate practical problems. How do you pay for the funeral when you can't access accounts? What happens to the mortgage payment that's due next week? How do you handle utility bills, insurance premiums, or other ongoing expenses? Are you able to pay for all these expenses out of pocket? Many people can’t, especially if they have their own mortgage, utilities, health insurance premiums, college tuition, and so on.

The frustration compounds when you know the money exists. You can see the account balance. You know there are sufficient funds. But you can't touch any of it without going through a formal legal process first.

Unfortunately, getting access to those frozen assets requires navigating a complex legal system.

The Court Process No One Wants

When proper planning hasn't been done, loved ones must petition the court for authority to handle estate matters. This involves filing paperwork, paying fees, attending hearings, and waiting for the court to issue documents that grant legal authority.

The timeline varies, but generally speaking, families should expect this process to take months, not weeks. During that time, you're juggling your own life responsibilities while also navigating an unfamiliar legal system. You're taking time off work for court appearances. You're gathering documentation. You're waiting for approval on decisions that need to be made quickly. You’re also waiting for family members to sign legal paperwork and mail it to you.

The costs add up, too. Court filing fees are just the beginning. Many families need legal help to navigate the process correctly, which means attorney fees. There may be accounting requirements. And all of these expenses come out of the estate before anything can be distributed to loved ones.

The court process is also set up for conflict, causing further delays. Heirs must receive notice of court filings, and they are able to file claims against the estate, challenge the proceedings, or dispute the amounts they may inherit. This conflict not only takes time for the court to reach any meaningful resolution, but it can also create breaks in familial relationships that never mend.

And while you're dealing with court procedures and paperwork, the law is making decisions about your family's future.

When the Law Decides for You
Without a will or a trust stating otherwise, state law determines who inherits what. These laws follow a rigid formula based on family relationships. For straightforward family situations, the outcome might align with what the deceased person would have wanted anyway. But the process still takes time and money.

The real problems emerge in complex family situations. Blended families. Unmarried couples. Estranged relatives. Family members with special circumstances. When state law makes these decisions, the results may not reflect what the deceased person actually wanted or what makes sense for their loved ones.

You also lose control over the details that matter. Who gets the family heirlooms? How should sentimental items be distributed? What happens to the family home? Without instructions, these decisions either get made by the court or lead to family conflict as survivors try to figure out what's fair.

Beyond the legal and financial complications, there's a hidden cost that families feel most deeply.

The Emotional Cost That Numbers Can't Capture

Beyond the time and money, there's an emotional burden that's hard to quantify. You're grieving while simultaneously dealing with bureaucracy. You're making dozens of phone calls, filling out forms, and attending court hearings when you'd rather be with family and friends who are also mourning.

Family relationships can suffer too. Even in close families, the stress of managing estate matters without clear guidance can create tension. Siblings may disagree about decisions. Questions arise about whether things are being handled fairly. Old resentments can resurface when people are already emotionally vulnerable.

And through it all, you're left wondering why this had to be so hard. Your parent didn't intend to create this burden. They simply didn't realize that planning was important - or that the planning they did wasn't complete.

The good news is that none of this has to happen to you or your loved ones

A Different Path Exists
This entire situation is avoidable. With proper planning and a trusted advisor, families can bypass court proceedings, access assets without delay, and focus on healing instead of paperwork.

The difference comes down to creating a comprehensive plan that works after death, not just during life. This means thinking through who will have authority to manage affairs, how assets should be transferred, and what instructions family members will need when the time comes. It means creating a plan that documents your wishes and will work when you and your loved ones need it to.

It also means having professional support available to guide your family through the process. When you work with someone who knows you and understands your decisions, your family has a trusted advisor to turn to for help, not just a stack of documents they're trying to interpret on their own.

Finally, the time to act is now, while you can make clear decisions and put proper protections in place. Your loved ones deserve better than being left to navigate a complex legal system during one of the hardest times of their lives.

Schedule your complimentary Life & Legacy Planning Session today!

What Happens to All Your Stuff When You Die? (And Why Your Family is Dreading It)

Mon, 12 Jan 2026 16:57:55 GMT

You've spent a lifetime collecting memories, treasures, and possessions, but without proper planning, these items could become an overwhelming burden for your loved ones.

Why Your Possessions Need a Plan Too

Most people think estate planning only covers financial assets like bank accounts, retirement funds, and real estate. But your estate includes everything you own, from your grandmother's engagement ring to that collection of vintage records in the basement. Without clear direction about your personal property, you're setting up your family for confusion, conflict, and countless hours of difficult decisions during an already painful time.

Consider the emotional weight your loved ones will carry. They'll open every drawer wondering if they're throwing away something important. They'll argue over who gets mom's jewelry or dad's tools. Family relationships can fracture over items that have more emotional significance than monetary value, simply because no one knew what you wanted.

Sorting through a lifetime of possessions typically takes three to six months of intensive work. Your family will need to take time off work, travel back and forth if they live out of town, and make hundreds of decisions about items they may have never seen before.

Beyond the time and emotional toll, there's real financial risk. Without proper guidance, valuable items might end up in donation bins. Collections built over decades could be sold for pennies on the dollar because no one knows their true worth.

What about you? Have you walked through your home recently and imagined your children or other heirs trying to sort through everything? Have you considered which items hold stories they don't know?

With proper planning now, you can spare your family this overwhelming burden and ensure your possessions become meaningful gifts rather than sources of stress and conflict.

Start the Conversation Before It's Too Late

The best time to address your belongings is while you're healthy and can actively participate in meaningful conversations about your possessions. Waiting until a health crisis or until you're gone removes your voice from the process entirely.

Begin by identifying items with special significance. Walk through your home room by room and note anything with emotional value, financial worth, or family history. That china set might have been your great-grandmother's wedding gift. Those tools might have belonged to your father. Document these stories now, while you remember them.

Next, have honest conversations with your family about what they actually want. Many people assume their children will treasure certain items, only to discover they have different lifestyles and preferences. Your formal dining room set might not fit in their smaller home. Rather than making assumptions, ask directly what holds meaning for them.

Consider creating a personal property memorandum as part of your estate plan. This document, which can be updated without redoing your entire will, lists specific items and who should receive them. Unlike trying to divide everything in your will, which becomes difficult to change, a personal property memorandum remains flexible as your possessions and relationships evolve.

These conversations may feel uncomfortable at first, but they're essential for preventing future conflict and ensuring your wishes are honored.

Make It Easier By Doing the Work Now

Start with the items you've been saving. Those beautiful dishes in the cabinet deserve to be used and enjoyed, not preserved behind glass. Wear the jewelry, use the silver, display the artwork. Create memories with your possessions instead of relegating them to storage.

Sort systematically by creating four categories: keep and use, give away now, designate for specific people, and dispose of. The "give away now" category is particularly powerful because you can see the joy your possessions bring to others during your lifetime.

For items with potential value, get proper appraisals. Collections of coins, stamps, antiques, or art should be professionally evaluated. Document the appraisal and include it with your estate planning documents so your family knows what they have and can make informed decisions.

Create an inventory of your items with stories or significance. A simple spreadsheet or notebook listing important items, their history, and their intended recipients can save your family countless hours of uncertainty.

Taking these steps now transforms what could be an overwhelming burden into a manageable process for your loved ones.

How Comprehensive Estate Planning Protects Your Family From the Burden

Traditional estate planning often overlooks personal property entirely, focusing on documents that address only financial assets and real estate. But your possessions deserve the same careful attention.

Real protection for your family goes far beyond having a set of documents in place. Your loved ones need a comprehensive plan that considers both the legal aspects of transferring assets and the practical realities they'll face after you're gone. They need clear instructions about where to find important documents, how to access accounts, and what steps to take first. Most importantly, they need guidance about what to do with your possessions while they're grieving and facing the legal process of settling your estate. Should they hold an estate sale? Donate to specific charities? Keep certain items together as a collection? These decisions are so much easier when you've provided direction in your plan rather than leaving your family to guess.

You can also document the stories behind your possessions in your estate plan, explaining why certain items matter, sharing the history behind collections, and passing along the memories associated with your belongings. When your family inherits your grandmother's ring, they'll also inherit the story of how she wore it every day and what it meant to your family. These stories transform possessions from "stuff" into cherished connections to your memory.

Finally, review and update your plan regularly as your life and assets change. This ensures your plan will work over time and won’t fail your loved ones when they need it most.

How I Can Support You

Your possessions represent your life story, but without proper planning, they can become an overwhelming weight for your family. The choices you make now and the conversations you have today will make all the difference in how your family experiences your legacy.

I help you create a comprehensive Life & Legacy Plan so that your loved ones stay out of court and conflict and have a plan that works when they need it. Once you've created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your assets protected. I'll also touch base regularly to ensure your plan stays updated over time, taking the burden off your shoulders to make changes to your plan when needed. After all, you have enough to worry about each day. Call and schedule your Life & Legacy Planning Session today!

Wills vs. Trusts: How to Choose the Right Tool to Protect the People You Love

Sun, 04 Jan 2026 23:07:45 GMT

Choosing between a will and a trust can shape your family’s future. Learn what to consider so your plan truly works.

What a Will Does and What It Doesn’t Do

A will is often the first document people think of when they think about estate planning. It allows you to state who receives your assets and who you want to raise your children after you die. But a will has important limitations that most people don’t realize until it’s too late.

A will must go through probate, which is a court process that becomes public record. Even in states considered “probate-friendly,” the process can still take months or years, cost thousands of dollars, and create opportunities for conflict. If you have minor children, a will also does not prevent them from being placed in the temporary care of strangers until a judge sorts things out, unless you have a comprehensive estate plan in place.

Importantly, a will also has no authority while you are living. If you become incapacitated, your loved ones will still need additional legal tools to manage your medical decisions, financial matters, and personal care. Without a plan that addresses incapacity, your loved ones may face court involvement, delays, and unnecessary stress during an already emotional time.

And, yes, if you have a power of attorney that does operate while you are living, BUT your power of attorney stops operating at the time of your death. I know, it can be confusing. That’s why we always begin with clear education so you understand what you are doing, and why, and then support you to choose the right plan (and fee) for you.

Because of the limitations of wills and powers of attorney alone, many people look to trusts for greater protection and privacy.

How a Trust Works

A trust is a legal structure that can hold your assets during your lifetime and distribute them according to your instructions when you die. Unlike a will, a properly funded trust bypasses probate entirely, keeping your affairs private and allowing your loved ones to take action and handle your affairs immediately when something happens to you.

A trust also gives you far more control. You can protect a child’s inheritance from divorce, lawsuits, or poor financial habits, and you can determine how and when they receive assets. With the support of an experienced attorney and ongoing plan reviews, a trust can remain aligned with your changing assets, family dynamics, and long-term wishes.

One common misunderstanding is that simply signing a trust means everything is handled. Unfortunately, traditional lawyers and DIY services often leave the most important step unfinished: funding the trust. When assets are not titled correctly, the trust fails, and your loved ones still end up in probate, which is often the very outcome the trust was meant to avoid. The real value comes from working with a lawyer who ensures every asset is properly transferred, kept up to date, and fully coordinated with your overall plan.

So how do you decide whether you need a will, a trust, or both? It starts with understanding what you want your plan to accomplish.

Key Factors to Consider When Deciding Between a Will and a Trust

When choosing the right tools for your plan, the decision is not simply about documents. It’s about your goals, your family, and the legacy you want to leave behind. Here are some things to consider:

1. Do you want to keep your loved ones out of court?

If avoiding court, reducing conflict, and preserving privacy are important to you, a trust may be the best option. Many families believe probate court will be “simple,” but real-life stories show how quickly things can spiral. From siblings fighting over sentimental items to property stuck for years, the cost of a cheap or incomplete plan can be devastating.

2. Do you have minor children?

A will alone is not enough to protect your children. You need documents naming long-term guardians, short-term guardians, clear instructions to avoid your children being taken into temporary custody of the authorities, and documentation that excludes anyone you’d never want to raise your kids. A trust can also preserve assets for your children and ensure caregivers receive the support they need.

3. Do you own a home or have more than one account?

Even modest estates benefit from a trust because it simplifies management and prevents assets from slipping through the cracks. Today, unclaimed property in the U.S. exceeds $60 billion, largely because families couldn’t locate assets or the owner didn't keep an updated inventory. A trust-based plan, paired with ongoing guidance, helps prevent your life’s work from becoming part of that statistic.

4. Do you want someone you trust to manage things if you become incapacitated?

A trust can provide immediate authority to someone you choose, avoiding a court-supervised conservatorship. This keeps your bills paid, your home maintained, and your wishes honored without court delays.

5. Do you want long-term protection for beneficiaries?

If you want your loved ones to receive assets protected from creditors, lawsuits, or divorce, a trust offers options a will simply cannot. If you have loved ones who aren’t financially responsible, suffering from addiction, or have special needs, a trust will ensure assets are protected for their benefit.

No matter which tool you choose, what matters most is that your plan works when your loved ones need it. That requires more than documents. It requires education, support, guidance and counsel. That’s why we always begin your estate planning with a Life & Legacy Planning Session.

What to Do Now

As a trusted advisor to you and your loved ones, my objective is not just to help you choose between a will and a trust. I’m here to help you create a comprehensive estate plan, called a Life & Legacy Plan, that protects the people you love, keeps them out of court and conflict, and ensures your wishes are honored. I also have systems to review your plan over time, ensuring your plan will work when the people you loved need it, and that our firm will be there for them, when you can’t be.

If this all sounds expensive, I can assure you that it’s a lot less costly than the loss of your assets to avoidable court costs, conflict, or your loved ones simply not knowing what to do or what you have. When you book your Life & Legacy Planning Session with me, I will guide you to your next best steps in identifying the most affordable and effective plan for yourself and the people you love.

Why Your Family Needs a Mission Statement

Mon, 29 Dec 2025 17:56:22 GMT

You probably know you “should” have a will or a trust, but have you ever talked with your family about why your money exists in the first place? A simple family mission statement can dramatically increase the odds that your wealth and your relationships stay intact for generations.

Why Money Alone Won’t Hold Your Family Together

Most people believe that if you leave “enough” money and the right legal documents, your work is done. Unfortunately, real life doesn’t work that way.

Research on failed wealth transfers shows that most family wealth disappears because of breakdowns in communication, lack of trust, unspoken expectations, and heirs who are unprepared for responsibility. That’s the human side of planning - the part most people never talk about. Instead, we tend to focus on the documents - a will, trust, power of attorney, and health care proxy. We don’t stop to consider that there are humans involved.

But this is where conflict often begins. Adult children may have different interpretations of your intentions. A surviving spouse may feel overwhelmed without guidance. Siblings may not agree on how assets should be used or what “fair” really means. Even in loving families, grief can magnify old wounds, create misunderstandings, and lead to decisions made from fear rather than clarity.

A family mission statement cannot prevent every disagreement, but it gives your loved ones an anchor: a shared understanding of why your resources exist and how you hope they will be used. When you pair that shared purpose with an estate plan that keeps your loved ones out of court and out of conflict, you dramatically increase the likelihood that your wealth and your relationships stay intact for generations.

Turning Your Estate Plan into a Family Playbook

A family mission statement is a short written declaration of your family’s values, purpose, and goals around life, money, and legacy. It is not a legal document, and it does not replace your will or trust. Instead, it gives context and direction to the legal plan you create.

Think of it this way. Your legal documents say what happens to your assets. Your family mission statement explains why and how you hope those assets are used.

My estate planning process is built around this idea. The goal is not to merely create a set of documents. The goal is to create a plan that actually works for the people you love when you cannot be there. That includes:

A complete inventory of what you own, so nothing is lost or forgotten.
Clear instructions about who does what, and how to get help.
Regular reviews so your plan keeps up with changes in your life, the law, and your assets.

Your family mission statement sits right alongside all of this. Here is how it can support your plan:

For blended families, it can clarify your intention to care for children from prior relationships and a current spouse, so no one is left guessing.
For young adult children, it can explain why their inheritance may be held in trust, or why distributions are tied to education or work, helping them feels supported rather than controlled.
For all families, it offers a shared “north star” you can revisit at family meetings, during life and after a death or incapacity.

When clients work with me, I help them see what would happen to their assets and their loved ones if they become incapacitated and when they die, and then design a plan that reflects their values, goals, and family dynamics. The family mission statement becomes part of that conversation.

Once you understand how these pieces fit together, the next step is to put your mission on paper in a way that feels real and usable, not stiff and corporate.

Simple Steps to Create Your Own Family Mission Statement

You do not need $50 million, a private banker, or a formal “family office” to benefit from a family mission statement. You only need a willingness to be honest about what you care about and a bit of time to talk.

Here is a simple way to start:

Identify your core values.

Set aside time and list the words that matter most to you: things like generosity, learning, faith, adventure, service, or stability. Ask yourself: If my children remembered three things about what I stood for, what would they be?

Connect values to money.

For each value, write how you want money to support it. For example:

If you value education, maybe you want resources set aside for school, training, or starting a business.
If you value family time, perhaps you want to fund annual trips or reunions instead of more “stuff.”
If you value generosity, maybe you want to support specific causes or encourage your children to give a percentage of their own income.

This is where your mission starts to shape how your trust, beneficiary designations, and overall plan are designed.

Write a rough draft.

Aim for three to six sentences. Use simple language. For example:

“In this family, life is a gift and relationships matter most. Money exists to support education, meaningful experiences, and generosity, not to create entitlement. We work hard, care for one another, and use what we have to make life better for the people we love and the communities we touch.”

Your statement will be your own, but it should feel truthful enough that you are willing to read it out loud to the people you love.

Share it in a family meeting.

The real power of a family mission statement is in the conversation, not just the words. Consider inviting your spouse, partner, and adult children to a simple “family meeting” over dinner or on a weekend afternoon. Share your draft, ask for their reactions, and invite their input. The goal is not to have a debate, but to create connection and understanding.

Tie it back to your legal plan.

Once you have a mission statement, create or update your estate plan. I can help you look at whether your current plan, or the plan you still need to create, actually reflects your mission. If your mission says “family comes first,” but your legal plan leaves your family to fight it out in court, something needs to change.

Over time, you can revisit your mission statement during regular family check-ins, or when you review your plan if you work with me. Regular reviews are so important because over time, your family will change and your mission will evolve. But by having it written down and connected to a plan that works when you and your loved ones need it to, you give your loved ones a roadmap they can follow long after you are gone.

How I Can Support You

You work too hard for your wealth to disappear within a generation, and you care too much about your family to leave them with confusion, conflict, or a court process they have to face alone.

A family mission statement is an excellent start, but it only reaches its full power when you pair it with a Life & Legacy Plan that keeps your family out of court and out of conflict, and gives your loved ones a trusted advisor to turn to when something happens.

If you are ready to align your money, your legal planning, and your deepest values, I invite you to schedule your complimentary Life & Legacy Planning Session today.

Got Retirement Savings? Must Read...

Tue, 23 Dec 2025 19:24:23 GMT

The SECURE Act 2.0 reshaped retirement planning. Learn how these changes impact your loved ones and why proper planning matters now.

Why the SECURE Act 2.0 Matters for Your Loved Ones

Before diving into the details, it’s important to understand that retirement accounts work differently from other assets. These accounts come with strict rules about taxes, timing, and withdrawals. When Congress updates those rules, your family’s inheritance can change significantly - sometimes for the better, and sometimes with surprising consequences.

The SECURE Act 2.0, passed in 2022, made several major updates to the original SECURE Act of 2019. Many of these changes shift who benefits from your retirement accounts and how quickly your beneficiaries must withdraw the money. According to the House Ways & Means Committee, this legislation represents “the most significant expansion of retirement savings opportunities in more than 15 years” (source: U.S. House Ways & Means Committee).

But opportunity only exists if your planning is aligned with the law. That’s where families often get tripped up, especially when older estate plans were built under rules that no longer exist.

As you’ll see, failing to update your plan could result in higher taxes for your beneficiaries, faster depletion of retirement accounts, and confusion that makes a difficult time even harder.

Key Changes You Need to Know

The SECURE Act 2.0 made dozens of updates, but the following are the ones that most directly affect your life and your loved ones.

Required Minimum Distributions (RMDs) Start Later

The age at which you must start withdrawing money from your traditional IRA or 401(k) has increased. It now moves in phases:

Age 73 for people born between 1951 and 1959
Age 75 for people born in 1960 or later

This gives you more time for your investments to grow before you must withdraw. However, delaying RMDs may also mean larger account balances later, which could create larger required withdrawals and bigger tax bills for your heirs unless your plan accounts for it.

Why this matters:

A larger account means larger taxable withdrawals for your beneficiaries. If your plan doesn’t include tax-minimizing strategies, they could face unnecessary tax burdens at the worst possible time.

2. The 10-Year Rule for Most Beneficiaries Still Applies

Under the original SECURE Act, most beneficiaries who inherit a retirement account must empty it within 10 years, with a few exceptions.

The SECURE Act 2.0 did not remove that rule.

This means if your child or another loved one inherits your IRA or 401(k), they may need to accelerate withdrawals, pushing them into higher tax brackets. The IRS confirms that beneficiaries who are not eligible designated beneficiaries (as defined in the tax code) must follow the 10-year withdrawal rule.

Why this matters:

Your child could lose a significant percentage of what you hoped to leave them simply because the withdrawals are forced faster (and therefore taxed higher) than expected.

3. Changes Affecting Trusts as Retirement Account Beneficiaries

Many people name a trust as the beneficiary of their retirement accounts, often thinking it creates control or protection. But under the SECURE Act and SECURE Act 2.0, this can backfire if the trust language wasn’t updated.

Old trust provisions may unintentionally:

Force immediate taxation
Prevent your beneficiaries from accessing needed funds
Require distributions that conflict with your intentions

Because tax rules surrounding trusts and retirement accounts are complex, outdated planning is now one of the leading causes of accidental tax consequences for families.

Why this matters:

If your trust was created before 2020, or even before 2023, it may no longer work as you intended. Your loved ones may inherit a tax problem instead of a gift.

Here's a real example of how this happens: Many trusts created before 2020 were set up to pass along retirement money slowly—just a little bit each year based on IRS rules. That made perfect sense at the time. But the new law eliminated those yearly requirements for most people.

Now here's the problem: if your trust says it can only distribute 'the required amount each year,' and there's no required amount anymore, your trustee's hands are tied. They can't touch the money for nine years. Then in year ten, when the law says the entire account must be emptied, everything comes out at once.

Instead of your child receiving manageable amounts over time, they get hit with a massive tax bill all in one year—potentially losing hundreds of thousands of dollars that you worked a lifetime to save for them.

How These Changes Affect the People You Love Most

You might notice a pattern here: while the SECURE Act 2.0 provides benefits for you during retirement, it often creates new responsibilities and tax burdens for your beneficiaries.

This is exactly why comprehensive estate planning is not just about documents. It’s about ensuring real-world clarity for the people you love.

Even small missteps can leave your family:

Stuck in court
Paying avoidable taxes
Unsure how to access accounts
Facing delays that create financial strain

And at the time they’ll need support the most, they’ll have to figure everything out alone, unless you have a comprehensive plan and a trusted advisor who already knows your family, your assets, and your wishes.

The Importance of Updating Your Plan Now
Whenever federal law changes, your estate plan must evolve with it. That is especially true for retirement accounts, because they often represent a significant portion of a family's wealth.

Most traditional estate plans fail because they are never updated. The SECURE Act 2.0 made this even more important. A plan created even a few years ago may not work today.

When we work together, I help you:

Review your retirement account beneficiaries
Identify tax traps created by the 10-year rule
Update your trust provisions
Align every account with your goals
Create a complete and current asset inventory
Make sure your loved ones know exactly what to do when something happens

You don’t have to guess whether your plan will work. You can know.

Why Comprehensive Estate Planning Solves the Problems the SECURE Act Created

Unlike traditional planning, which usually ends with a signed document, a comprehensive plan includes:

A complete, updated inventory of your assets
Beneficiary coordination across all accounts
Regular reviews every three years
A trusted advisor your family can turn to when something happens
Support for your loved ones after your death, so they aren’t left overwhelmed

These are the protections that keep your family out of court, out of conflict, and out of avoidable tax trouble.

The SECURE Act 2.0 is a reminder that laws change, and when they do, your plan must change with them. A static plan fails. A relationship-based plan works when your loved ones need it the most.

How To Learn More

If you want to make sure the SECURE Act 2.0 doesn’t create unnecessary financial or emotional stress for your loved ones, the best place to begin is a Life & Legacy Planning Session. During this session, you’ll get clear on what you have, how the law affects your family, and what steps will ensure everything works exactly as you intend.

Your family deserves certainty, not surprises.

Schedule your complimentary Life & Legacy Planning Session today!

Accidental Death at 39: Here's What You Need to Know

Tue, 16 Dec 2025 03:43:25 GMT

Popular social media influencer Michael Duarte's sudden death at 39 reminds us that tragedy strikes without warning, making financial preparation essential for protecting the people we love most.

The False Security of Youth and Health

When you're in your thirties or forties, death feels distant. You think you have time to get your affairs in order, time to build wealth, time to plan. Except sometimes you don't. Duarte was 39. He reportedly had survived earlier struggles, including mental health challenges and subsequent treatment. He'd rebuilt his life and career. Nothing about his situation suggested his life would end last month in Texas.

The question isn't whether death will come, it's whether you'll have prepared for it. Each death leaves behind families who must simultaneously grieve and navigate financial realities.

Think about your own situation for a moment. If something happened to you tomorrow, would your family immediately need to start a GoFundMe campaign? Would they know where to find your financial accounts? Would they have the resources to cover immediate expenses while figuring out their new reality?

The Hidden Costs of Unpreparedness

When someone dies without an estate plan, the costs extend far beyond funeral expenses. Duarte's family faced the immediate burden of transporting his body from Texas to California, which alone can cost thousands of dollars. Then come funeral and burial costs, which average between $6,280-$8,300 according to the National Funeral Directors Association.

But those are just the beginning. Without clear planning, loved ones often face probate costs that can consume months and thousands of dollars in court fees and attorney fees. If Duarte contributed significantly to household income through his influencer work, that revenue stream disappeared instantly, creating immediate cash flow problems.

Those left behind must make countless financial and legal decisions during what may be the worst period of their lives. Every decision requires mental energy, while the clock keeps ticking on bills and obligations. Without proper planning, families often discover that assets they thought they'd inherit are tied up in court for months or even years, or worse, lost entirely because no one knew they existed.

Beyond Basic Life Insurance

Many people believe having life insurance means they're covered. However, life insurance proceeds can take weeks or even months to receive. Meanwhile, funeral homes want payment, mortgage companies expect their monthly check, and utility companies don't pause billing because someone died. Not to mention, life insurance payable outright or to a minor beneficiary is not protected from future creditors, predators or a future divorce, and if payable to a minor could get decimated by court costs and executor fees.

What your loved ones need is comprehensive planning that addresses not just the transfer of money, but the practical realities of daily life after you're gone. This means your loved ones need to know where to find important documents, how to access accounts, and what steps to take first. How will your spouse manage the mortgage? What about your children's future education costs? These questions require thoughtful answers now, not desperate scrambling later.

What Effective Planning Actually Looks Like

Creating an effective estate plan isn't about obsessing over death. It's about ensuring that if something happens to you, your family can focus on healing rather than financial survival. Here's what comprehensive planning includes:
A thorough inventory of all your assets, updated regularly so nothing you care about is lost . This includes financial accounts, digital assets, business interests, and even sentimental items with instructions for their distribution.
Clear instructions for accessing accounts and benefits. Your family shouldn't have to play detective, calling dozens of companies trying to track down accounts.
Immediate access to financial assets. Rather than leaving your family to wait weeks for insurance proceeds, proper planning ensures funds are available immediately to cover urgent expenses.
Legal documents that actually work when needed. Depending on your situation, you may need trusts, powers of attorney, healthcare directives, and guardianship designations properly drafted and stored where they can be found.
A relationship with a trusted advisor who will support your family. Perhaps most valuable is having someone who knows you and your situation so your family won't be left alone trying to navigate complex legal and financial processes. We’ve structured the pricing and packaging of our services to make it a near no-brainer for you to choose us as your long-term trusted advisor helping you make wise choices for your life and legacy, and to be there for your loved ones when you can’t be.
Regular reviews to ensure everything stays current. Life changes constantly. Without regular reviews, your plan can become outdated quickly.

Michael Duarte's story is heartbreaking, but it doesn't have to become your story. The time to plan is now, while you're here to make decisions and while you can spare your loved ones the additional burden of financial uncertainty.

Real protection goes far beyond having documents in place. Your loved ones need a plan that considers both the legal aspects of transferring assets and the practical realities of daily life after you're gone. Most importantly, they need a trusted advisor to turn to for guidance when they need it. I have systems in place to review and update your plan on an ongoing basis as your life and assets change, and I'll be available to your family when you're gone to guide them so they know exactly what to do.

If you're realizing your own family would face similar struggles if something happened to you tomorrow, take the first step today. I help you create a comprehensive Life & Legacy Plan that ensures your assets are protected, your wishes are honored, and your loved ones are cared for, no matter what happens.

Caring for Aging Parents: How to Protect Relationships and Plan Ahead

Mon, 08 Dec 2025 16:52:43 GMT

Caring for aging parents alongside siblings can strain even the closest family relationships. Learn why these tensions arise and how proper planning now can prevent conflict when your own children face these decisions.

Why Family Caregiving Brings Out the Worst in Siblings

When adult children must coordinate care for aging parents, even the most harmonious families can find themselves in conflict. One sibling often ends up shouldering most of the burden, either because they live closest, lack other family obligations, or simply feel they have no choice. Meanwhile, other siblings may remain distant, physically or emotionally, leaving one person to manage the daily challenges alone.

The resentment that builds isn't really about logistics at all. According to experts in family psychology, caregiving triggers all the old family dynamics that may have been dormant for decades. Questions that were never resolved demand answers suddenly: Who was the favorite child? Who always got more attention? Who was expected to carry more responsibilities while others got a free pass?

These aren't new wounds. They're old ones, reopened under the stress and exhaustion of caregiving.

Think about your own family for a moment. Are there unresolved tensions lurking beneath the surface? Unequal treatment that was never addressed? Resentments that have been quietly building for decades? If so, the pressure of caring for aging parents will almost certainly bring them roaring back to life.

Some adult children find themselves confronting family patterns they've tolerated their whole lives, but can no longer accept as caregivers. Others discover that siblings they thought they knew reveal unexpected sides of themselves under pressure. And many realize too late that assumptions about who would help and how much were never actually discussed - leaving everyone frustrated and disappointed.

But here's the part most people miss while they're caught up in managing their parents' care: this isn't just about the present. The way you and your siblings navigate this challenge is setting the stage for how your own children will handle your care someday.

Your Children Are Watching and Learning

Here's what most people don't realize: your children are taking notes. They're observing how you and your siblings handle (or mishandle) these challenges. They're watching relationships crack under pressure. And whether you realize it or not, you're teaching them how elder care works in your family.

The patterns you're living through today are likely to repeat when your children face the same situation with you.

If you and your siblings are locked in conflict over your parents' care, your children may assume that's simply how these situations unfold. If one child is bearing the entire burden while others disappear, that imbalance might seem normal to the next generation. And if your family never discusses expectations or creates a clear plan for fair division of responsibilities, your children will inherit that same dysfunction.

Unless you do something different.

And that's where the opportunity lies. You have the power to break this cycle and create a different experience for your children - one that doesn't involve the confusion, resentment, and fractured relationships that so many families endure. But it requires action now, not later.

Breaking the Cycle: Having the Difficult Conversations Now

The good news is that you have the opportunity to spare your children from this pain. You can break the cycle by having the difficult conversations early, before a crisis forces your hand.

First, talk with your children about your wishes for your care as you age. What kind of medical interventions do you want? Where do you want to live? How do you envision the last chapter of your life unfolding? Don't leave them guessing.

Second, facilitate a conversation among your children about what a fair division of caregiving might look like. Everyone's definition of fairness is different. One child might be comfortable managing finances but uncomfortable with hands-on care. Another might live nearby and be willing to handle day-to-day needs if someone else coordinates medical appointments remotely.

The key is having these conversations before anyone feels desperate, overwhelmed, or resentful. When adult children wait until a parent is in crisis to figure out caregiving responsibilities, emotions run too high for productive discussion.

Third, put the necessary legal documents in place. This includes power of attorney for legal and financial matters and an advanced medical directive specifying who makes healthcare decisions if you cannot. These documents give your children clear authority and prevent confusion about who's in charge during a crisis.

Of course, having conversations is one thing. Making sure you have the right legal guidance and direction in place is another. And that's where many families make a critical mistake - they assume a simple will or even a comprehensive set of legal documents is enough to protect their loved ones.

A Plan That Works For Your Family (and a Trusted Advisor to Support)
If you're thinking, "I'll just create a will and call it done,” you're missing the bigger picture. A will only addresses what happens after you die. It does nothing to help your children care for you while you're alive, keep your loved ones out of court or to prevent the conflicts that tear families apart during that caregiving journey.

Instead, what you want is a comprehensive plan that addresses both your care during life and the distribution of your assets after death.

This type of plan includes:

Healthcare directives that spell out your wishes for end-of-life care and appoint someone to make medical decisions if you're incapacitated
Durable power of attorney for financial decisions, so someone can manage your bills, insurance, and other financial matters if you cannot
Clear documentation of your assets, accounts, insurance policies, and important information so your children aren't left scrambling to find what you have and where it is
A plan that keeps your estate out of probate court, allowing your children to access resources immediately rather than waiting months or years for court approval
Regular reviews and updates as your life changes, ensuring your plan continues to reflect your current wishes and circumstances
A trusted advisor to counsel all of the decisions you’ll be making throughout your life, get to know your family and be there for them, when you can’t be

A comprehensive plan should also include support for the human elements, like having honest conversations with your children about your values, your wishes, and your hopes for how they'll work together when the time comes.

This is your opportunity to tell your children directly what matters most to you. To explain why certain decisions are important. To address potential sources of conflict before they explode under pressure. And to permit them to prioritize their relationship with each other over any inheritance.

Creating this kind of comprehensive plan might feel overwhelming, especially if you're already dealing with the stress of caring for aging parents. That's exactly why working with someone who understands both the legal and emotional complexities can make all the difference.

How I Can Help
When you work with me, I don't just create documents and send you on your way. I help you build a Life & Legacy Plan that protects your family relationships as much as it protects your assets. We start with education about what would happen to you and your family without a plan in place. Then we work together to create a comprehensive plan that reflects your unique family dynamics, your values, and your wishes for care.

Schedule your complimentary Life & Legacy Planning Session today!

The White Elephant Gift Nobody Wants: Family Conflict

Mon, 01 Dec 2025 17:07:44 GMT

Think your family's White Elephant gift exchange gets competitive? Wait until there's no estate plan and they're fighting over Dad's classic car instead of a singing fish. Learn why your legacy shouldn't be left to chance (or family politics).

The Game Nobody Wants to Play

Without a proper estate plan, that's exactly what happens when families are left to figure things out after someone passes. The stakes are infinitely higher, and the damage can last generations.

At least White Elephant has rules. Everyone knows when their turn is, there's a limit on how many times something can be stolen, and everyone agreed to play. When someone dies without a clear plan, there are no rules, no referee, and definitely no agreement about who gets what.

When "Stealing" Gets Real

Just like in White Elephant, family members fight over the same items, feel cheated when someone else gets what they expected, and keep score of who got "more." They may form alliances against other family members and harbor resentment that lasts years. The difference? You can't laugh it off at next year's party. These wounds often never heal.

Without clear direction, the state's rules decide who gets what, someone has to go to court to be put in charge (expensive and time-consuming), and family members may race to claim items before others can. Sentimental value gets ignored in favor of monetary value. Verbal promises mean nothing without documentation. Children from different relationships battle current spouses.

Creating Clarity Instead of Conflict

At my firm, we’ll help you create more than just documents. We ensure everyone knows exactly what you want to happen, with your chosen person in charge rather than whoever gets to court first. Sentimental items go to the people who'll treasure them, and your values and wishes guide every decision.

Most importantly, we help you have these conversations now, while you can explain your decisions and share your love, instead of leaving your family to guess and argue later. During our Life & Legacy Planning Session, you'll get clear on what you own and what it's worth, decide who should receive what and why, and create a plan that actually works when your family needs it.

This Holiday Season, Give the Gift of Peace

While other families are strategizing their White Elephant steals and nursing grudges over who ended up with what, you can give your family something priceless: the gift of never having to fight over your estate.

Schedule your complimentary Life & Legacy Planning Session today!

How to Talk to Your Loved Ones About Death, Money, and Estate Planning at the Holidays

Mon, 24 Nov 2025 17:14:18 GMT

The holidays are the perfect time to talk about death, money, and legacy, not with fear, but with love.

Shifting the Conversation About Death and Money

Most people put off estate planning because they don’t want to face their mortality, or they think of death as something that won’t happen anytime soon. Money is also too often a taboo subject in our culture. It’s no wonder, then, that 55% of Americans don’t have an estate plan. And this number doesn’t account for those who have an outdated plan that no longer works, so the actual number is much lower.

But what if we flipped the script when we think of death and money? What if death and money weren’t topics to be avoided, but to be embraced? Death is a natural part of life, and planning for what happens to your assets and to your loved ones is an expression of love. Planning ensures everyone you love has clarity and knows exactly what to do when the time comes. Instead of viewing estate planning as preparing for the end, see it as protecting your loved ones’ beginning after you die.

This mindset shift is powerful because it changes estate planning from something you feel you have to do into something you want to do out of devotion to your loved ones. When you think about your plan as a message of care, you begin to see every decision differently. Choosing a guardian for your children, designating beneficiaries, or even making end-of-life medical choices becomes less about control and more about making things as easy on your loved ones as possible after your death.

It also helps to recognize that the way we talk about death influences how our loved ones experience it. When you model openness and calm, your loved ones learn to approach loss with grace rather than fear.

To start shifting your own mindset, focus on legacy, not loss. Ask yourself:

What stories, lessons, or values do I want my loved ones to carry forward?
How can I make life easier for them when I am gone?
What message of love do I want them to hear when they think of me?
How can I ensure their financial security when I’m no longer there?

When you anchor your thoughts in love, the topic of death becomes not a burden, but a gift.

How to Bring Your Family Into the Conversation

Once you have reframed estate planning as an act of care, the next step is helping your loved ones see it the same way. The holidays are the perfect time. Surrounded by gratitude and reflection, your family is already thinking about what matters most - each other.

You can open the conversation gently with something like, “I have been thinking about how much you mean to me, and I want to make sure you are cared for no matter what happens.” This kind of introduction immediately sets a tone of reassurance. It communicates that your motivation is love, not fear. From there, the conversation can unfold naturally and meaningfully.

Here are several ways to make it comfortable and productive:

Choose the Right Setting. Pick a quiet moment rather than a busy or emotional one. After dinner, during a walk, or while sitting by the fire can be ideal times when everyone feels relaxed and connected.

Invite Participation. Instead of delivering information, ask questions. “What do you think would make things easier for you if something ever happened to me?” When you involve your loved ones, it helps them feel included rather than intimidated.

Acknowledge the Emotion. It is natural for people to feel uneasy at first. You might say, “I know this is not easy to talk about, but I feel peaceful knowing we can share our thoughts now while we have the chance.” By naming the discomfort, you take away its power.

Focus on Values, Not Just Logistics. You can share your philosophy about life, your hopes for how your loved ones will handle challenges, and your dreams for their future. This turns a potentially uncomfortable topic into a moment of connection.

Once you have created that sense of trust, move into the practical matters that bring real clarity.

Explain the why behind your choices. If you have chosen specific people for roles such as executor or guardian, explain your reasoning. Understanding prevents hurt feelings and reduces the risk of future conflict. Also acknowledge that some people may feel slighted. Welcome their emotions with compassion.

Discuss your wishes for care. Share who you would want to make medical or financial decisions for you if you become incapacitated. Explain why you’ve chosen that person.

Provide a financial overview. You do not need to disclose every number, but share where your key assets are located and how to access them. Every year, billions of dollars go unclaimed because families simply do not know what exists. A simple list or inventory can make all the difference. When you work with us, we will support you to create an asset inventory as an inherent part of our Life & Legacy Planning process.

Share your legacy beyond money. Perhaps the most meaningful part of this conversation is the intangible legacy - your wisdom, values, stories, and love. A Life & Legacy Interview, also an inherent part of my process, ensures your loved ones will always be able to hear your voice and remember what mattered most to you. In my experience, this matters more to them than the money you leave behind.

When you approach the conversation with empathy and intention, it becomes not a grim discussion but a sacred exchange of love and gratitude.

How Life & Legacy Planning Turns Talk Into Action

A heartfelt family conversation is a powerful beginning, but what truly protects your loved ones is turning that conversation into action. That is where Life & Legacy Planning comes in.

Traditional estate planning focuses only on creating documents. Life & Legacy Planning is different because it focuses on creating results. It is a relationship-based process that ensures your plan reflects your goals, your assets, and your values, while also being updated as your life and the law change, so it works when you and your loved ones need it to.

When you create your Life & Legacy Plan with me, you will:

Create a complete inventory of your assets so nothing is lost or forgotten.
Receive ongoing support from my office to ensure your plan always stays current and doesn’t fail you or your loved ones.
Capture and preserve your stories, values, and love through a Life & Legacy Interview.
Ensure your loved ones know what to do and how to access what they need when the time comes.

Life & Legacy Planning transforms estate planning from a transaction into a lifelong relationship with a trusted advisor who will support your family when they need it most.

Imagine how much peace it will bring to your loved ones to know exactly where things are, whom to call, and how to handle every detail when the time comes. Instead of confusion or chaos, they will have clarity and guidance. That is the true gift of planning.

The Greatest Gift of All

Talking about death, money, and your wishes might not seem festive, but it is one of the most meaningful and loving acts you can offer. When your loved ones understand what to do, how to do it, and why it matters, they can focus on what truly counts: honoring your life and carrying your love forward.

Having open and honest conversations about death and money transforms estate planning from fear to freedom. It gives your loved ones the space to grieve without added stress, to make decisions without conflict, and to move forward with confidence.

Your Next Step
This holiday season, take the opportunity to talk about what truly matters - your love, your values, and your wishes for your loved ones’ future. Then take action to ensure those wishes are carried out.

As your Lawyers for Life, we will help you create a Life & Legacy Plan that protects everyone you love, keeps them out of court and conflict, and ensures your legacy lives on.

Start the conversation now, and then let me support you to create a plan that gives your loved ones peace of mind for generations to come. Schedule your complimentary Life & Legacy Planning Session today!

What To Do When You’re Ready To Create Your Estate Plan But Your Spouse Isn’t

Mon, 17 Nov 2025 16:09:02 GMT

It’s heartbreaking when one spouse is eager to protect the family through estate planning and the other resists. Here’s what to do when your partner isn’t on board.

Why One Spouse Often Says No

Estate planning can trigger deep fears and misconceptions. While one partner may see planning as an act of love, the other might see it as unnecessary, uncomfortable, or even threatening.

There are many reasons one spouse might resist:

Fear of confronting mortality. For many, talking about death or incapacity feels morbid or unlucky, so avoidance can feel easier.
Perceived cost or complexity. If one spouse assumes planning is expensive, a “nice-to-have,” or just for the wealthy, they may dismiss it before understanding what’s involved.
Mistrust or control concerns. Some spouses fear losing control over assets or decision-making. Others may distrust the legal process or believe they’re protecting the family by avoiding lawyers.
Past experiences or procrastination. A bad experience with a lawyer, or simply being overwhelmed by daily life, can make estate planning feel like one more thing on a long to-do list.

Understanding where the resistance comes from helps you respond with compassion instead of conflict. When you see hesitation as fear rather than defiance, you can approach your spouse in a way that builds trust and connection.

Sometimes, simply changing how you approach the topic makes all the difference. When the goal shifts from getting them to agree to understanding what’s really behind the hesitation, meaningful progress can begin.

How to Have an Effective Conversation

When emotions are high, pushing harder rarely helps. Instead, lead with empathy and curiosity. The goal isn’t to convince your spouse to plan. It’s to help them feel safe and understood enough to participate.

Start with shared values. Rather than focusing on documents or legal terms, talk about what matters most: protecting each other, your children, or your home. You might say, “I just want to make sure you’re cared for and things are easy for you if something happens to me.”
Acknowledge their feelings. If your spouse is anxious or skeptical, validate their perspective before offering information. “I get that this feels heavy. It’s not easy to think about, but I think we’ll both feel more at peace when it’s handled.”
Invite, don’t insist. Invite your spouse to me with me as your Personal Family Lawyer attorney for an educational conversation called a Life & Legacy Planning® Session. Many spouses relax once they realize planning is about guidance and empowerment, not pressure.
Use real examples . Stories often communicate what logic can’t. If you’ve seen friends or family struggle when a loved one died or became incapacitated, share that gently and explain how you want to prevent the same hardship for your family.

When you approach planning as an act of love and teamwork rather than a legal task, the conversation becomes less about control and more about care. These compassionate conversations have the power to turn resistance into collaboration.

What You Can Do Even If They Still Resist

Even if your spouse continues to say no, you don’t have to wait to protect yourself or your family. You still have options, and taking action can inspire change later.

Create your own Life & Legacy Plan with us. You can protect your share of assets, designate guardians for your children, name trusted people for your health and financial decisions, and ensure your wishes are honored. We will help you pick the right plan for you at a fee you can afford.
Lead by example. Once your spouse sees how empowering it feels to have your plan in place, they may come around, especially when they realize you did it with confidence and peace of mind rather than pressure or conflict.
Keep communication open. Share updates and involve your spouse in small ways, like reviewing beneficiary designations or organizing family finances. Familiarity often leads to comfort.
Revisit later. Your plan should change with you over time. Life events like a new baby, home purchase, illness, or retirement - or changes in the law or your assets mean your plan needs updating, or it will fail. When you work with me, I will review your plan at least every three years (annually if you’re part of my VIP Program).

In many cases, once your spouse sees how simple and supportive the process can be, their hesitation often turns into engagement. If not, you’ll have the peace of mind knowing that you’ve done all you can for everyone you love, so their lives are easier after you die. You can cultivate that peace even if your spouse isn’t on board.

Protecting the People You Love, No Matter What

Estate planning isn’t about creating a set of documents; it’s about making sure the people you love are protected from unnecessary hardship. Even if your spouse isn’t ready, you can still take meaningful steps now to give your family peace of mind.

As your Lawyer for Life, I will make sure your family has the clarity, guidance, and support they’ll need so they don’t have to untangle a mess when you die. It’s the greatest gift you can give to everyone you love.

Schedule your complimentary Life and Legacy Planning Session today.

Honoring Your Sacrifice: Estate Planning Essentials for Military Families

Mon, 10 Nov 2025 16:16:30 GMT

Each year on November 11, the nation pauses to honor the courage and sacrifice of those who’ve served in the Armed Forces. Beyond the ceremonies and flags, Veterans Day offers military families a meaningful opportunity to reflect on a vital question: Is your family truly protected if something happens to you?

Why Military Families Need a Different Kind of Estate Plan

Military families face unique challenges when it comes to protecting loved ones. You may have access to benefits like Servicemembers’ Group Life Insurance (SGLI), Dependency and Indemnity Compensation (DIC), and Survivor Benefit Plan (SBP) payments, These are all crucial safety nets that require careful coordination.

Without that coordination, even well-intentioned plans can fail. For example, if your SGLI beneficiary form lists someone you named years ago, your life insurance could go to the wrong person, creating confusion and conflict for your loved ones. Or, if you named a minor child as your SGLI beneficiary, a court will have to appoint someone to manage those funds until your child reaches adulthood, costing your family time, money, and stress. Not to mention, your child will receive all the funds at 18, outright, with no restrictions and no plan for their future security.

Frequent relocations add another layer of complexity. Estate planning laws differ by state, meaning a plan created when you were stationed in California might not work as intended after a move to Virginia or overseas. Without periodic reviews, your plan could become outdated or even invalid.

Deployment presents its own risks. When you’re serving abroad or in harm’s way, your family must have immediate authority to make financial and healthcare decisions. Standard powers of attorney often lack the specific language required for military systems, leaving your spouse or decision-maker unable to access key benefits or accounts when they’re needed most. These are not details you want your loved ones figuring out during a crisis.

How to Protect and Maximize Your Military Benefits

The benefits you’ve earned through service represent an essential part of your family’s long-term security, but only if they’re properly managed within your estate plan.

Start by reviewing all beneficiary designations. Your SGLI, Thrift Savings Plan (TSP), and retirement accounts each have forms that override your will or trust. If those aren’t up to date, your benefits might go to someone you didn’t intend, such as an ex-spouse, while your current spouse and children receive nothing.

If you’re retired, the Survivor Benefit Plan deserves special attention. It allows you to provide ongoing income for your spouse or dependents after your death, but its cost and coverage need to be evaluated alongside your life insurance and other assets to ensure balance and efficiency.

Your DD-214 and other service records are equally important. Without them, your family may face delays accessing VA benefits, military burial honors, or other entitlements. I help clients organize these critical documents as part of my Life & Legacy Planning® process, along with an inventory of assets, service-related information, and benefit access details. This is crucial. Otherwise, your loved ones may not be able to act quickly and confidently when they need to.

Finally, include burial preferences in your plan. Veterans are entitled to burial in national cemeteries, headstones or markers, burial flags, and Presidential Memorial Certificates at no cost - but your family must know how to access them. Your plan should clearly document whether you want military honors, which cemetery you prefer, and who should be notified.

When these elements are in place, your benefits don’t just exist. They work for your loved ones when it matters most.

Building a Plan That Works in Every Stage of Service

Military life is ever-changing. That’s why it’s crucial your plan works not just after you die, but also during active duty, deployments, retirement, and incapacity. Therefore, your plan should also include:

A durable power of attorney tailored for you and your family, and ensures your spouse or trusted agent can manage financial and legal matters - including communication with the Defense Finance and Accounting Service (DFAS), VA, and Tricare - without court delays. Standard forms don’t cover this scope, which is why when you work with us, as your Personal Family LawyerⓇ Firm, we’ll create custom powers of attorney designed for you and your military service.

Healthcare directives also deserve special attention. Your healthcare proxy should work in both civilian and military hospitals, with language that allows your chosen advocate to coordinate directly with military medical personnel. Whether you face an injury in service or a serious illness later in life, these directives ensure your wishes are clear and respected.

Personal property and memorabilia should not be overlooked either. Uniforms, medals, and service mementos hold deep sentimental and historical value. Documenting these items and the stories behind them ensures they’re preserved for future generations and handled according to your wishes.

Perhaps most importantly, you deserve a trusted advisor who understands you - someone who stays connected with you and your loved ones through deployments, relocations, and retirement. Traditional lawyers create documents and move on. I stay with you, reviewing and updating your plan regularly so it continues to work as your life evolves.

Proper planning isn’t just a set of papers. It’s a relationship.

Honoring Your Sacrifice and Your Family’s
You deserve to have someone in your corner who has your back, and your loved ones do, too. That’s why Life & Legacy Planning goes beyond drafting legal documents. I will make sure your family has the clarity, guidance, and support they’ll need, whether you’re deployed, retired, or gone.

When we create your Life & Legacy Plan together, your loved ones will know:

Where to find important documents
How to access accounts and military benefits
Whom to contact first for help
And what steps to take without confusion or delay

And when the time comes, your loved ones won’t face the VA claims process or legal system alone; they’ll have someone who already knows them and their story.

Your Life & Legacy Plan will reflect not just your financial wishes, but also your values, stories, and service traditions, so your legacy lives on into the lives of all the people you love.

This Veterans Day, honor your service and your family’s sacrifices by taking action to protect the people who love most.

Schedule your complimentary Life & Legacy Planning Session today.

How to Keep Wealth in Your Family for Generations

Mon, 03 Nov 2025 17:02:00 GMT

Building generational wealth isn't just about smart investments. It requires a fundamental shift in how you think about inheritance, educate your children about money, and plan for the long term.

The Mindset Shift: From “My Wealth” to “Our Legacy”

The families who successfully maintain prosperity over multiple generations understand something critical: wealth is more than money. Yes, you can leave your children a million dollars, but if they don’t understand responsibility, financial management, or your family’s values, that money will vanish.

Generational wealth lasts when you pass on both tangible and intangible assets, not only accounts and property, but also the knowledge, traditions, and life lessons that make financial wealth sustainable. Your experiences, values, and even your failures are part of the inheritance that will shape how your children handle what you leave them.

This requires a mindset shift: inheritance isn’t a one-time transfer that happens at death. It’s an ongoing process of preparation during your lifetime. Instead of keeping financial matters completely private, invite your children into age-appropriate conversations about your values, your goals, and the responsibilities they may inherit one day.

Think of it like teaching your child to drive. You wouldn’t simply hand over the keys without practice and guidance. Likewise, don’t hand over wealth without the training and perspective they need to manage it wisely.

Of course, perspective alone isn’t enough. Once you embrace this broader definition of wealth, you’ll need systems that ensure your financial assets are actually protected and available when the time comes.

The Practical Side: Legal and Financial Strategies That Work

Too many people think, even those with substantial assets, that estate planning is about creating a set of documents. But documents aren’t enough. A document like a will, trust, power of attorney or healthcare directive, cannot pass on all that’s important to you, and it doesn’t address the direct impact on the people you love once you die or if you become incapacitated. The truth is, a document alone often creates more problems than it solves - like months of probate, thousands in legal fees, and painful family conflict during an already emotional time.

That’s why my Life & Legacy Planning process goes further. Protecting wealth and passing it on requires much more than a set of documents that eventually go stale over time. Protecting wealth requires so much more, such as:

Comprehensive Asset Organization

Your plan begins with a complete inventory of everything you own - bank accounts, investments, real estate, insurance policies, digital assets, business interests, and personal items of value. Each asset is titled correctly and integrated into your overall plan so nothing is lost or overlooked - and can be passed on to the people you love.

A Plan That Stays Up to Date

Life doesn’t stand still, and your plan shouldn’t either. Marriages, divorces, births, deaths, and property changes all require updates to ensure your plan continues to reflect your current life and wishes. Through regular reviews, I help ensure your plan stays current so it works exactly as intended when your family needs it most.

Clarity for the People You Love

A Life & Legacy Plan doesn’t just protect your assets—it protects the people you love from uncertainty. Your family receives clear guidance about what you own, how to find it, and what to do when the time comes. I help you document where accounts are held, how to access them, and who to contact for help. This clarity prevents the confusion and conflict that too often arise when families are left searching for answers.

Ongoing Guidance and a Trusted Relationship

Legal strategies form the foundation of wealth preservation, but they’re only one part of the equation. My role as your Personal Family Lawyer® is to serve as your trusted advisor for life - someone who understands your family, your values, and your goals, and who will be there to guide your loved ones when you no longer can. And if I’m not able to be there, I’ll have a trusted colleague you can turn to who will be there in the same way I would. That ongoing relationship ensures your plan works not just legally, but practically and emotionally, for the people you care about most.

Creating a comprehensive plan and keeping it updated over time is only one part of preserving generational wealth. For true generational wealth to last, your children also need the tools, guidance, and values to use it wisely.

The Education Piece: Preparing the Next Generation

Even the most thoughtfully crafted estate plan can’t prepare your family to carry your intentions forward. Real success requires education, communication, and participation, so the people you love understand not only what you decided, but why.

That’s why I encourage families to treat planning as an ongoing conversation, not a one-time event. When your family understands your decisions in advance, such as why you chose certain beneficiaries, appointed specific roles, or structured inheritances a particular way, they’re far less likely to experience confusion or conflict later. These conversations also provide a chance to share your values, priorities, and hopes for how your wealth will be used to strengthen relationships, not divide them.

If you are a member of our VIP program, I will facilitate family meetings where we review your plan together. In these meetings, we explain how your plan works, what responsibilities each person may hold. It also gives them the opportunity to ask questions while you’re here to answer them, preventing misunderstandings later. Having everyone in the same room, literally or virtually, builds understanding and unity, ensuring that your family has a clear roadmap and a trusted advisor they can turn to when the time comes.

Ultimately, the goal isn’t just to pass on assets, but to create a foundation of trust, understanding, and continuity. When your family is informed and included, they’re empowered to honor your legacy with confidence and clarity.

When your children are educated and prepared, the next question becomes: how do you ensure that wealth doesn’t just last for them, but also for grandchildren and beyond?

Thinking Beyond One Generation
The families who keep wealth for generations plan not just for children, but for grandchildren and great-grandchildren. This often means using structures designed for long-term stewardship:

Trusts that distribute assets over time, protecting against mismanagement or outside threats.
Family governance structures that bring relatives together for ongoing discussions about values and shared resources.
Family foundations that involve multiple generations in philanthropy, reinforcing shared purpose and connection.

The goal isn’t simply to pass down money. It’s to create a structure that helps your family stay connected, supported, and guided by the values that built the wealth in the first place. With the right mindset, strategies, and education in place, the final step is taking action. Start today, while you have the time and clarity to shape your legacy.

Your Legacy Starts Now

Preserving generational wealth requires more than smart investments. It requires intentional planning, ongoing education, and a fundamental shift in how you think about inheritance.

As your Lawyer for Life, I help families design Life & Legacy Plans that protect not only your money, but everything that truly matters - your values, your wisdom, and your family’s future stability. My process begins with a Life & Legacy Planning Session, where we’ll clarify your goals, review your family dynamics, and create an inventory of your assets, both financial and intangible. From there, we’ll build a plan that ensures your legacy lasts for generations.

Ready to protect your wealth and everything it represents? Schedule your complimentary Life & Legacy Planning Session today.

Estate Planning For Unmarried Couples: Protecting the Life You've Built Together

Mon, 27 Oct 2025 15:23:53 GMT

Unmarried couples face unique risks when it comes to estate planning. Having the right estate plan can ensure your partner is cared for, no matter what

Why the Law Doesn’t Protect Unmarried Partners

When married couples face illness or death, state law provides automatic rights and protections. But for unmarried partners, those rights don’t exist unless you’ve put them in writing.

Without an estate plan:

Your partner can’t access your bank accounts or manage bills if you’re incapacitated.
They might be excluded from medical decisions, even if they know your wishes best.
Your property could go to biological family members, not your partner, regardless of how long you’ve been together.

For example, if you own your home in your name alone and you die without a plan, your partner could lose their home overnight - even if they’ve lived there for years or helped pay the mortgage.

And while some states recognize “common law marriage,” those laws vary dramatically and apply only under very specific circumstances. Many couples assume they’re covered because they’ve lived together for years, but unless your state legally recognizes that relationship and you’ve met every technical requirement, your partner still has no rights under the law.

These outcomes aren’t just unfair, they’re avoidable. With the right plan, you can give your partner the legal authority and protection the law won’t automatically provide.

Essential Legal Tools Every Unmarried Couple Needs

The good news is that with thoughtful planning, you can ensure your relationship is legally recognized in the ways that matter most. Here are tools I use in my Life & Legacy Planning process to protect unmarried couples:

1. Health Care Documents

Without legal authorization, hospitals must turn to your next of kin, not your loved one, for decisions if you’re incapacitated.

A Health Care Power of Attorney gives your partner the right to make medical decisions for you. Pair it with a Living Will or Advance Directive that outlines your wishes for end-of-life care, so your partner can advocate for you confidently.

You can also include a HIPAA Authorization, which allows medical professionals to share information with your partner. Without this, privacy laws may prevent them from even knowing what’s happening.

2. Financial Power of Attorney

This document gives your partner legal authority to handle financial matters if you’re unable to. Without it, someone will have to go to court to gain control, delaying urgent decisions like paying your mortgage or medical bills, keeping your life running smoothly during a crisis.

3. A Will or Trust

A Will determines what happens to your assets after you die, and a Trust determines what happens after you die and if you are incapacitated. Without a Will or Trust state law dictates who inherits, and unmarried partners are not recognized heirs.

Moreover, if you only have a Will, your loved ones will have to go through probate. Probate is a court process that can take months or years, often becoming expensive and emotionally draining - especially for someone who isn’t legally recognized as family. It’s also a public process. Anyone can view the court records to see what assets you had, the value of your assets, who your loved ones are and where they live, as well as other personal information you may not want available for public consumption.

A Trust, on the other hand, avoids probate. Trusts can ensure your partner receives the home, joint property, or financial accounts you want them to have, without the delays and public nature of probate court. It also gives you flexibility to provide for other loved ones, like children, parents, or friends, while protecting your partner’s right to remain in the home or access shared funds.

4. Property and Beneficiary Designations

Even the best plan fails if your assets aren’t titled properly, and beneficiary designations don’t match your intentions. If this happens, your assets may bypass your partner entirely.

5. A Written Cohabitation Agreement

While not traditionally thought of as part of “estate planning,” a cohabitation agreement can be invaluable for unmarried couples. This document outlines how you’ll handle shared property, expenses, and financial contributions both during your relationship and if it ends. It can help prevent disputes and make sure each partner’s contributions are respected and accounted for.

Don’t Forget Emotional and Practical Planning

Estate planning for unmarried couples isn’t just about protecting assets; it’s about protecting the person you’ve chosen as family. You have the power to decide if your partner will deal with chaos, conflict, uncertainty and unnecessary expenses after you die, or if your partner will know exactly what to do, when, and how, with the right support to make it as easy as possible. The difference depends on whether you’ve planned for the emotional and practical aspects of death, in addition to the legal tools.

When you work with me as your Personal Family Lawyer, I’ll help you not only get the right legal tools in place, but we’ll also cover the emotional and practical aspects of planning, such as:

Creating a comprehensive asset inventory and keeping it updated over time. Without a complete inventory, even the best legal document ever written can fail if your partner can’t locate everything you own.

Recording a Life & Legacy Interview so you can pass on your stories, values, and love. Your partner will cherish this forever and have guidance directly from you if they’re ever forced to navigate difficult decisions in your absence.

Creating open communication among your loved ones. I will support you to have difficult conversations with everyone you love about your wishes for medical care, funeral plans, and what you’d want done with your home and possessions. These conversations relieve your partner from the burden of guessing and ensure they can act with confidence when the time comes, rather than fighting your family in court.

Take the Next Step to Protect the Life You’ve Built

If you and your partner aren’t legally married, estate planning isn’t just important - it’s essential. Without it, the person you love most could lose everything you’ve worked for together. But with the right guidance, you can make sure your wishes are honored, your partner is cared for, and your love story is legally protected.

When you work with me, I’ll help you:

Clarify what would happen if either of you became incapacitated or died today.
Create a clear plan that gives each of you legal authority and protection.
Build an updated inventory of assets so nothing gets overlooked.
Schedule ongoing reviews, so your plan evolves as your life and relationship change.

Most importantly, your partner will know exactly what to do and whom to call when something happens—because I’ll be there to guide them. Schedule your complimentary Life and Legacy Planning Session today!

Why It Matters to Your Loved Ones That You Work With the Right Lawyer

Mon, 13 Oct 2025 15:46:48 GMT

If you don’t work with the right lawyer, your loved ones could face years of stress, conflict and unnecessary expense. But you can avoid putting them through this. Here’s how to find the right legal support.

Real Stories of Legal Chaos

The best way to understand why your loved ones need guidance when something happens to you is to see what happens when people don't have good guidance. These are real stories about real people. They aren't hypothetical scenarios:

Molly's Seven Handwritten Wills

Molly thought writing down her wishes would be enough to pass on her assets the way she wanted. After her death, her family found seven different handwritten documents she wrote on her own. By the time an attorney was hired to sort out the mess these handwritten notes created, fourteen heirs were claiming rights to the estate. Twelve estranged family members suddenly appeared, and one intended beneficiary was ready to give up and split everything with relatives Molly barely knew. Perhaps Molly thought her situation was simple, and yet it turned out to be anything but that. We find that’s often the case. Many people say “oh, my situation is simple” and, yet, for the people you love, it can be anything but simple once you are gone.

The Blended Family Betrayal

Nancy and Jack created "mirror image wills" leaving everything to each other, then equally to their five children from previous marriages. When Nancy died suddenly, all her assets went to Jack - who quickly executed a new will naming only his three biological children as beneficiaries of all the assets. Nancy's two children were forced to leave their mother's home and received nothing from their mother. Think it won’t happen in your family? If you are on a second or third marriage (or more) with children from a prior, your kids are at risk without great pre-planning and a post-death trusted advisor.

If you want to dive even deeper on this one, get the book Rest In Peace. Robbed In Probate.: The Story Behind a Widow’s $2 Billion Jury Verdict Against JPMorgan Chase Bank by Jo Hopper. Yes, stories like this happen everyday. If you have a blended family, let’s get your estate planning updated or handled so nothing like this happens to the people you love.

Frank's 21 Heirs

Frank built a successful family business with two nephews who were like sons to him. They were the only family members at his funeral. But because Frank died without a will, the law required that his estate be divided equally among all 21 of his nieces and nephews - including 19 people he hadn't seen in over 20 years. The two nephews who helped build his business and who were close to him got the same small fraction as relatives who'd been strangers to Frank.

If you are building a family business, don’t leave the future to chance. Create it now by calling us and schedule a Life & Legacy Planning Session so we can review your family dynamics and your assets, then create the right plan.

Stories like these highlight a simple truth: without the right lawyer who knows you, can anticipate conflict, and provide guidance to those you love, the process of transitioning assets after your death can be slow, expensive, and often heartbreaking. To truly understand how to protect your loved ones, let’s dig deeper into exactly why the process is so daunting.

How People Struggle Without Legal Guidance

Without the right lawyer who already knows you and your family, your loved ones are left to figure everything out on their own. Here's what happens:

Nobody knows what to do. When you have no estate plan or an estate plan that fails when your loved ones need it because it’s just a set of documents in a drawer or on a shelf with little guidance or direction, the people you care about the most could be forced to go to court for a process called probate (after your death) or guardianship/conservatorship (during your life), even if you have a will or power of attorney in place.

Court requires navigating forms, deadlines, and formal hearings in front of a judge, which is confusing, complicated and has means following rules that may be obscure. People end up in a legal system they don't understand while experiencing the weight of grieving. It's like being dropped into a foreign country where you don't speak the language.

It costs more than you think. Probate fees, court costs, and attorneys' bills add up quickly. In many states lawyers can charge a percentage of the estate's gross value. For example, a $600,000 home - and no other assets - means potentially tens of thousands in legal fees. Even a modest estate can lose a fortune to the process. This is much more expensive than working with the right lawyer in the first place.

In addition, when you don’t already have a lawyer to turn to, your loved ones will need to find a lawyer who’s a stranger to you, and doesn’t know what was important to you. Your loved ones will have to pay that lawyer to review all relevant documents and talk to people who knew you. It’s like starting all over but also without first-hand knowledge.

The process drags on and accounts are inaccessible. Even simple matters can take months. Complicated ones take years. While you’re waiting for the process to unfold, your assets will be frozen, leaving your loved ones in financial limbo. During that time, they can't access the money they need or move forward with their lives.

And it’s not just their inheritance they won’t be able to access. If you have a mortgage on your home, loved ones will have to pay out of their own pockets (often with a mortgage of their own) to pay your mortgage to keep the bank from foreclosing.

Conflict explodes. Grief and stress magnify small disagreements, turning them into costly battles that can destroy relationships. One heir might want to sell the family home immediately, while another wants to keep it. Without clear guidance, minor differences turn into major rifts. It happens all the time, even in families where conflict didn’t exist before.

Assets get lost. Think about this: Would your loved ones know how to find and access all your assets? Do they know where you bank and how many accounts you have? Would they know about your insurance policies or retirement accounts? If you receive benefits through an employer, would they know how to access that information? Do they know where your passwords are kept or how to unlock your phone or laptop?

Most people haven’t considered these questions before, and what happens is an asset gets missed. And once assets are missed, they are turned over to the state’s Department of Unclaimed Property to sit there, unavailable for the people you love.

Predators move in. Probate files are public, which means scammers can target vulnerable heirs with fake claims or schemes. Without a lawyer protecting the family's interests, these threats can devastate what's left of the estate.

It's easy to think, "My family will figure it out," but the truth is most families are blindsided by just how much is involved. Even tasks as simple as locating accounts, paying final bills, and filing court paperwork can feel impossible without someone to guide the way. The good news is there's a better way. One that provides your family with the support, guidance, and protection they need.

Young Law Group is Your Lawyer for Life

As a your Lawyer for Life, I don't just draft documents and disappear. I get to know you, your family, your assets, and your wishes. When you die, your loved ones won't be left scrambling for answers or searching for a lawyer who doesn't know you. They'll have someone who already understands what matters to you.

Here’s what this means for those you love most:

Clear, enforceable instructions so they aren’t left guessing what you wanted or how to make it happen.
Step-by-step guidance through the process so they can focus on healing, not paperwork and legal complexity.
Decreasing conflict by making sure everyone understands your wishes before disputes erupt.
Support when it matters most, from someone they already know and trust.

Think about the difference between showing up to a hospital emergency room where no one knows your history, versus seeing a doctor who has been with you for years. The first experience is stressful and full of uncertainty. The second is calmer, because someone who already knows your background can act quickly and confidently. That's what working with me is like for your loved ones after you're gone.

This relationship is what makes life so much easier for all the people you love.

A Plan That Works With a Relationship to Support It
My Life & Legacy Planning process is what makes all this possible. Unlike traditional estate planning that focuses only on documents, Life & Legacy Planning is a comprehensive approach that only Personal Family Lawyers like me offer. It’s an entire system that ensures your plan actually works when your family needs it.

When you work with a traditional lawyer, you get documents, you sign them, and that's the end of the relationship. But documents alone don't prevent court, family disputes, or lost assets.

When you work with me, on the other hand, you’ll create a Life & Legacy Plan that goes further. It includes:

A complete inventory of your assets, so nothing is overlooked or lost when you're gone.
Regular reviews to update your plan as your life and laws change over time.
Clear guidance for your loved ones on what to do first and how to handle everything step by step.
A trusted lawyer who will be there for them when you can't be.

When you work with the right lawyer, planning isn't about paperwork. It's about creating a roadmap for your loved ones and giving them a guide they already know and trust. It's about keeping them out of court and conflict while preserving not just your assets but your values and wishes for the next generation. It’s about making things as easy as possible for them so they have space to grieve. And it’s about peace of mind for you, knowing you’ve done all you can for everyone you love.

Which future do you want for the people you love? Sailing through the legal and financial process with confidence or drowning in confusion while they're trying to grieve?

Here’s Your Next Step
The greatest gift you can leave behind isn't money, it's peace of mind. With a traditional lawyer, your family could face years of confusion, conflict, and court. With me as a Personal Family Lawyer, they'll have guidance, support, and protection when they need it most.

As your Personal Family Lawyer Firm, I don't just create plans; I build relationships that last. Let's work together to create a Life & Legacy Plan that ensures you’ve made life as easy on your loved ones as possible when you’re no longer here. Call and schedule your Life and Legacy Planning Session today.

The Hidden Risks of Growing Older Without a Life & Legacy Plan

Mon, 29 Sep 2025 15:22:19 GMT

More adults are aging alone, and even with family nearby, aging brings challenges most people don’t see coming. Learn how a Life & Legacy Plan ensures you are cared for with dignity and your wishes are honored.

The New Reality of Aging Alone

Imagine being in your 80s and realizing you haven’t seen another person for two weeks. For many older adults, that isn’t a nightmare—it’s daily life. In rural areas like the Appalachian Mountains, nonprofits such as Mountain Empire Older Citizens deliver meals and provide essential care because so many elders live in isolation. Workers often describe being the only human contact their clients have.

This trend isn’t limited to rural America. Across the country, higher divorce rates, longer lifespans, and families spread across states mean more people will face aging without a built-in support system. Even those with financial resources struggle to secure reliable help. Care workers are in short supply, and waiting lists for services grow longer every year.

When you assume someone will take care of you but haven’t made specific arrangements, you risk finding yourself without support when you need it most. And even if you do have children or family nearby, relying on them when you don’t have a plan (or an old plan that hasn’t been reviewed in years) creates different challenges—challenges that can affect relationships as much as they affect care.

Why Assumptions About Care Create More Problems Than Solutions
Most people haven't sat down with loved ones and specifically discussed how they want to be cared for if they can't care for themselves. Instead, they operate on assumptions that often lead to family conflict and outcomes nobody wanted.

Here's a common scenario: An aging parent always said they wanted to "age in place" and never go to a nursing home. But when dementia develops, staying home becomes dangerous. Adult children might have completely different opinions about the best solution—one wants round-the-clock home care, another insists on memory care, and a third wants the parent to move in with them.

Without clear, written instructions about your preferences for different scenarios, your loved ones may spend months disagreeing while your condition worsens. Without clear instructions, relationships suffer, and the parent often ends up in a situation they would not have chosen for themselves or their loved ones.

When you don't have a plan, you're not just leaving your care to chance—you're putting your loved ones in an impossible position. They have to guess what you would want during one of the most stressful times of their lives.

Even if you have an old estate plan tucked away somewhere, it might not work when your family needs it most. Laws change, relationships change, and decisions that made sense years ago might not reflect your current wishes.

How Life & Legacy Planning Protects You and Everyone You Love

What if instead of making assumptions, you created a clear roadmap that protects your wishes and gives your loved ones confidence in their decisions?

Life & Legacy Planning does exactly that. My Life & Legacy PlanningⓇ process provides a comprehensive system that ensures your wishes are known, your assets are properly titled, and your loved ones or chosen caregivers have clear instructions about how to care for you if you can’t speak for yourself.

Here’s how Life & Legacy Planning helps you prepare for aging, whether you’re living alone or with family. It:

Ensures your care matches your wishes. Your plan can spell out not only who makes decisions if you become incapacitated, but also what kind of care you want—from medical treatments to whether you prefer to age at home, in assisted living, or elsewhere.

Reduces family conflict. By clearly documenting your choices and sharing them with your loved ones, you remove the potential for disagreements among adult children.

Protects your autonomy. Your plan empowers you to make decisions now, while you’re able, so your children don’t have to step in and guess later. You remain in control of your life, even as your circumstances change.

Keep your assets safe. Without a plan, property and accounts can easily be overlooked, mismanaged, or even lost to the state. Your Life & Legacy Plan ensures everything you’ve worked for is properly titled, accounted for, preserved, and directed to the people or causes you care about most.

Stays updated over time. Your life isn’t static, and your plan shouldn’t be either. If you created an estate plan more than three years ago, chances are it could fail when you and your loved ones need it most. The reason? The law changes, tax rules change, your health changes, and your relationships change over time. Decisions that made sense ten years ago, may be decisions you’d never make today.

Life & Legacy Planning isn't just about protecting money—it's about protecting relationships, dignity, and peace of mind. When your family knows exactly what you want and how to provide it, they can focus on loving and supporting you instead of worrying about making the "right" decisions.

Protect Yourself and Your Loved Ones Today

The realities of aging are unavoidable: health problems occur, relationships shift, and more of us will face the prospect of living alone. But you don’t have to face uncertainty. With a Life & Legacy Plan, you can prepare now for the care you may one day need, ensure your wishes are respected, and give your family the priceless gift of clarity.

It all begins with a Life & Legacy Planning Session. During this two-hour working session, you’ll:

Get clear on what would happen to your assets and loved ones if something happened to you today.
Create a complete inventory of everything you own, so nothing is ever lost or overlooked.
Explore your family dynamics, values, and goals to design a plan that reflects what matters most to you.
Pick the right plan that fits your values, goals, and budget.

Once you’ve chosen the right plan for you, we will create a plan together that works when your loved ones need it most. Schedule your Life and Legacy Planning Session today.

Living With Loss: The Daily Impact of Grief and the Gift of Planning Ahead

Mon, 22 Sep 2025 16:03:26 GMT

Losing someone you love reshapes your world in ways you may never expect. But you can make it easier on the people you love most.

How Grief Shows Up in Everyday Life

If you’ve lost a loved one, you know that grief doesn’t keep to a schedule. It shows up when you least expect it, shaping your emotions and energy throughout the day. You may wake up with a heavy chest, only to feel fine for a few hours—until a song, a smell, or a familiar routine pulls you back into sadness.

This inconsistency is one of the most challenging parts of grief. There’s no calendar you can mark with an end date. Grief isn’t something you “get over” so you can return to normal. Instead, it becomes woven into who you are—altering you emotionally, physically, spiritually, and mentally.

Science helps explain why. Over the long term, grief can disrupt core cognitive functions —memory, decision-making, attention, word fluency, visuospatial skills, and the speed of information processing—so even simple tasks can feel foggy or take longer than usual (American Brain Foundation, 2022). Repeated activation of the body’s stress-response circuits can also become a reinforced “default setting,” which helps explain why thinking clearly may feel harder for a while.

The body carries grief, too. Research reveals that grief can disrupt sleep, weaken the immune system, and even increase the risk of heart problems in the weeks after a loss (Mayo Clinic). These physical changes remind us that grief is not just an emotion—it’s a whole-body experience.

But the impact doesn’t stop there. The effects of grief ripple outward, altering routines, reshaping relationships, and sometimes creating conflicts in families already stretched thin by pain.

The Ripple Effect on Routines and Relationships

When you lose someone close to you, your daily routines shift overnight. The person you loved may have been the one who managed the bills, picked up the kids, or simply made you laugh after a hard day. Their absence leaves not only emotional pain but also practical gaps that can make ordinary life feel disorienting.

Friends and family often try to help, but they may not know what you need. Some show up in the first days with casseroles and comforting words, but as time passes, many return to their own lives. You’re left facing long stretches of silence and loneliness. Others may try to “fix” your grief, offering advice about how to move on when you’re not ready—or maybe will never be ready in the way they expect.

Relationships can also change in surprising and painful ways. Even if you think it won’t happen in your family, disputes often arise after someone dies. Siblings might argue over their parents’ belongings, whether valuable or sentimental. Adult children may disagree about medical decisions for a surviving parent. Families grieve differently, and those differences—whether expressed as anger, withdrawal, or urgency to “get things done”—can lead to misunderstandings and broken relationships.

Now imagine your loved ones facing all of this while also being handed a stack of legal and financial tasks they don’t understand. Without planning, they might spend months in probate court, struggle to locate accounts, or argue over how to divide what you left behind. Grief is already heavy. Adding confusion, court dates, and conflict only makes it unbearable.

This is why planning now is such a profound act of love. With clarity and preparation, you can spare your family the chaos that so often compounds grief. Instead of scrambling to figure out what to do, they’ll have the time and space to lean on one another and to grieve.

How Life & Legacy Planning Supports Your Loved Ones Through Grief
Grief is hard enough without the added burden of navigating the legal and financial process alone. Yet this is what often happens when families don’t have a complete plan in place. Court involvement is expensive, time-consuming, and emotionally draining—often lasting years. Even worse, it can create conflict between the very people you love most.

Here’s where many people go wrong: they think estate planning means creating a will. That’s what they’ve heard they’re “supposed” to do. But a will, trust, power of attorney, or healthcare directive—while important—are not enough. Even if you create all of those documents, you may still leave your family with a mess.

A will only controls assets titled in your name alone, and it does not avoid probate. If beneficiary designations on accounts aren’t up to date, those assets may bypass your will entirely. If your trust isn’t funded properly, it won’t work. If your documents are outdated or incomplete, your family will end up having to untangle a mess - as if you never created documents at all.

That’s the reality of an incomplete plan: your family still faces court, confusion, and conflict—while grieving you.

A complete Life & Legacy Plan, on the other hand, goes far beyond what documents alone can do. When you work with me, we’ll make it clear what you have, where to find it, and how to access all your assets. Life & Legacy Planning® avoids unnecessary court involvement, saving your loved ones time, money, and energy. If you have minor children, Life & Legacy Planning ensures the guardians you choose can step in immediately in the event of an emergency and after your death, and that they have the financial resources to care for your kids the way you would want.

And it doesn’t stop at the legal and financial side. Life & Legacy Planning captures your values, your stories, and your voice—those priceless pieces of you that your loved ones will value the most. It’s not a one-time transaction. It’s a living plan that grows with you, reviewed regularly to make sure it works when your family needs it most. And finally, I will be there for your loved ones after you’re gone, providing guidance and support during a difficult time.

The difference is simple: an incomplete plan leaves behind confusion. A Life & Legacy Plan leaves behind clarity, love, and support.

Life & Legacy Planning is the last and best gift you can give to the people you love most. You’ll take care of the details so they have the space to grieve. You’ll be leaving them not just your money or your assets, but your love in its most practical and enduring form.

Your Next Step
Grief changes everything. It affects how you think, how you feel, and how you move through each day. But while you cannot stop grief, you can make choices now that will protect your loved ones when their time of loss comes.

As your Lawyer for Life, I will help you create a Life & Legacy Plan that ensures your family has not only the legal and financial support they need, but also the emotional comfort of knowing you cared enough to plan ahead. Together, we can make sure your plan works when it matters most—so your loved ones can focus on healing, not on paperwork or court battles.

Schedule your Life and Legacy Planning Session with me today, and let’s talk about how you can create a plan that gives your family peace of mind, even in the hardest moments.

The Surprising Connection Between Meal Planning and Estate Planning Done the Right Way

Mon, 15 Sep 2025 16:09:42 GMT

How you approach meal planning reveals your deepest values about money and time – and surprisingly, it mirrors exactly how you should approach protecting your family's future.

Scramble vs. Strategy

The Smith family wings it every week. Maria finds herself at the grocery store wandering the aisles, tossing random items into the cart. By Wednesday, she’s ordering takeout because nothing is prepped. By Thursday, the kids are cranky, the budget is blown, and they’re eating cereal for dinner.

The Jones family, on the other hand, spends 20 minutes every Sunday planning. Sam checks the calendar while Mike makes a list. Tuesday is soccer practice (crockpot night). Wednesday is date night (leftovers for the kids). Sunday is family dinner with grandparents. They plan seven dinners, check the pantry, and make a focused grocery list. Their budget stays on track, meals fit their schedule, and they even have backup plans.

What’s the difference?

The Smiths treat time and money as if they’re unlimited. They spend impulsively and reactively, valuing convenience over intentionality. The Joneses recognize that both time and money have limits. They protect family dinners, plan for busy nights, and steward their resources wisely.

And here’s the bigger truth: your approach to meal planning reveals the same values you bring to protecting your family’s future.

How Meal Planning Reveals Your Values

When you sit down to plan meals, you’re doing more than planning what’s for dinner, then shopping strategically. You’re showing your relationship with time, money, and values. For example:

Planning around schedules shows you value time together.
Prepping ahead for busy nights shows you respect your energy.
Shopping with a list shows you value money as something to use wisely.
Using recipes passed down to you, or your weekly breakfast of Sunday pancakes shows you value connection and traditions.

These aren’t just food choices. They’re value choices. And they reflect the same intentionality—or lack thereof—that carries into your financial and legacy planning.

When families don’t plan, the result is scrambling, stress, and wasted resources. That’s true whether it’s dinnertime or when your loved ones have to deal with your affairs after you’re gone.

Your T.E.A.M. Resources: Time, Energy, Attention, and Money

Here’s one of the most important lessons: Money is your only renewable resource. You can always make more of it. But your time, energy, and attention? Once they’re gone, you never get them back.

Meal planning is one of the simplest ways to protect your T.E.A.M. resources:

Time: Fewer last-minute store runs.
Energy: Less stress deciding what’s for dinner.
Attention: More focus on family, less on daily logistics.
Money: Less waste, fewer takeout bills.

Life & Legacy Planning works the same way. It saves your loved ones’ T.E.A.M. resources when it matters most:

Time: They avoid months or years in the court process, and waiting for your assets to be available rather than stay frozen after you die.
Energy: They don’t waste effort battling conflict among your loved ones.
Attention: They can focus on grieving and healing, rather than spinning their wheels trying to figure out what to do..
Money: They save thousands by avoiding probate costs, taxes, and disputes, and trying to clean up a legal and financial mess you left behind.

And here’s something most people don’t realize: working with me, as a Personal Family Lawyer, saves you T.E.A.M. resources twice. The first time is now, because I make the planning process easy and guide you step by step. And again later, because the right plan prevents wasted money, time, and stress for your family after you’re gone. Instead, I’ll be there to guide them through every step of the process.

Practical Strategies That Work

The good news is that both meal planning and estate planning become much easier when you have the right system. Here are a few practical steps for the kitchen—and how they mirror what makes a Life & Legacy Plan work:

Create a Master List.

Meal planning: Write down 7-10 meals your family loves and rotate them.
Estate planning: Create an inventory of assets so nothing gets lost and turned over to the Department of Unclaimed Property.

Match Plans to Real Life.

Meal planning: Choose meals that fit your week (crockpot for busy nights, leftovers for soccer night).
Estate planning: Align your plan with your particular family dynamics, finances, and values.

Shop with a List.

Meal planning: A clear list saves money and prevents waste.
Estate planning: A Life & Legacy Plan ensures your loved ones don’t waste their T.E.A.M. resources, and that they have support and counsel after you die.

Have Backup Options.

Meal planning: Keep three easy “emergency meals” (like pasta, quesadillas, or breakfast-for-dinner).
Estate planning: Build contingencies—guardianship backups, trustee alternates, and healthcare proxies.

Review and Adjust Regularly.

Meal planning: Revisit on an ongoing basis—what worked? What didn’t? Adjust.
Estate planning: Review at least every three years so your plan stays current with your life circumstances and the law, and works when your loved ones need it to.

When you use these systems consistently, dinner stops being a scramble—and so does your loved ones’ future.

Why Planning Ahead is the Greatest Gift

Here’s what families often don’t realize: when you don’t plan meals, you teach your children that scrambling is normal. When you don’t plan for the future, you teach your loved ones that their security isn’t worth intentional planning.

But when you do plan the right way with a Life & Legacy Plan, you give your loved ones the gift of clarity. You protect their time, their energy, their attention, and their money—so they can focus on what really matters: love, connection, and carrying your values forward. You also give yourself peace of mind, knowing that you’ve done the right thing by the people you love most.

That’s why Life & Legacy Planning is about so much more than creating a set of documents. It’s about creating a system that works when your family needs it, reflecting the same values you live by every day.

Bringing It All Together: Your Next Step

Meal planning may seem small, but it’s a powerful act of love. It saves money, reduces stress, and protects your most precious T.E.A.M. resources. And it reveals something profound: your relationship with money and time is shaping your family’s future right now.

My Life & Legacy Planning process does the same thing on a much bigger scale. It ensures that your values—about money, time, family, and love—continue to guide your loved ones long after you’re gone. Working with me makes the process simple now and saves your loved ones time, energy, attention, and money later.

If you’ve ever felt the relief of having a meal plan ready for the week, imagine giving your loved ones that same peace of mind when it comes to their future. Book your Life and Legacy Planning Session today.

Don't Lose Your Family Stories: How to Preserve Your Legacy Before It's Too Late

Mon, 08 Sep 2025 17:54:20 GMT

Every day, families lose irreplaceable stories when loved ones die without recording their wisdom, traditions, and memories. Don't let your family's history disappear, too.

Why Family Stories Are the Heart of Your Legacy

Stories aren’t just entertainment at the holiday table. They’re how families pass on values, resilience, and identity. Without intentional preservation, even the most powerful stories can vanish within a generation.

Think of your great-grandmother’s courage when she immigrated to a new country. That wasn’t just her story—it set a pattern of strength that still echoes in your family today. Or picture your grandparents meeting during wartime—not just a romantic tale, but proof that joy can be found even in uncertain times.

These aren’t just memories. They are blueprints. They show your children and grandchildren how to face adversity, how to love, and how to persevere.

When you preserve family stories, you’re doing far more than keeping people entertained. You’re creating a framework of identity and values that will outlast you. You’re showing future generations not just what your family owned, but who your family is.

And here’s something many people overlook: your family stories make your estate plan more meaningful. When your children know why education mattered to their ancestors, they’ll understand why you’ve structured their inheritance to support learning. When they hear how the family business was built from nothing, they’ll respect the responsibility of carrying it forward.

Families that know their stories are almost always the ones with stronger bonds across generations. They aren’t just connected by blood—they’re connected by shared identity.

So how do you make sure those stories don’t slip away? That’s where intentional preservation—and my process—comes in.

Preserving Stories for the Next Generations

The challenge isn’t just capturing family stories—it’s making sure future generations actually use and treasure them. Too many well-intentioned projects end up as forgotten albums on a shelf or files no one ever opens.

That’s why, when you create a Life & Legacy Plan with me, we don’t leave this up to chance. This isn’t a “someday project” that you’ll put on a to-do list and never get around to. It’s built right into your plan as a Life & Legacy Interview.

During your Life & Legacy Interview, we’ll record your stories, values, and wisdom, so your loved ones hear your voice, your laughter, and your lessons in your own words. This way, your family’s most meaningful stories are not only captured but preserved. Many clients have told me that the Interview was the most meaningful part of the planning process, and that they never would have done it without my support.

But even with a Life & Legacy Interview built into your plan, you may want to capture even more stories on your own. The best way to start is by asking the right questions.

Questions That Unlock the Stories Your Family Needs

The best stories don’t come from surface-level questions. They come from questions that dig into emotions, lessons, and values.

For example, instead of asking “What was your childhood like?” try: “What’s a memory from your childhood that still guides your decisions today?”

Questions about relationships reveal powerful insights:

“Tell me about someone who influenced your life without realizing it.”
“What did you learn about love from watching your parents?”
Don’t be afraid to ask about hard times—but frame them in terms of growth:
“Tell me about a time the family had to pull together to get through something.”
“What challenge made us stronger?”

Questions about values give future generations a moral compass:

“What decision are you proud of, and what guided you in making it?”
“If you could pass on three life lessons, what would they be?”
And sometimes the most revealing stories come from ordinary moments:
“What did a typical Sunday look like in your home?”
“What little traditions made your family feel like family?”

Finally, ask forward-looking questions:

“What do you want future generations to remember about you?”
“What should our family always stand for?”

The magic of the Life & Legacy Planning process with our Life & Legacy Interview built in is that I’ll ask questions like these for you, capture it all, and ensure none of it is lost—so you don’t have to worry about forgetting what to ask, missing the important moments, or losing any of it..

Once these stories are captured, the question becomes: how do you make sure they actually shape your family’s future? That’s where my Life & Legacy Planning process comes in.

Building a Legacy That Lasts Beyond Bank Accounts
When most people think of estate planning, they think of documents that move money and property from one generation to the next. But here’s the truth: money without meaning rarely lasts.

The families who thrive across generations aren’t the ones with the biggest bank accounts. They’re the ones with clear values, shared identity, and stories that remind them of who they are.

That’s why Life & Legacy Planning goes beyond documents. We won’t just make sure your assets are transferred properly. We make sure the why behind your plan—your love, your wisdom, your family legacy—is passed on too. This creates an anchor of love and guidance that your children and grandchildren can return to long after you’re gone.

Your children and grandchildren can see not just the money you left, but the principles you lived by. They’ll know why you set up the structures you did, and they’ll feel the love behind them.

And here’s something else: families that preserve their stories often avoid the conflicts that tear others apart. When everyone understands the family values and the reasons behind decisions, there’s less room for resentment and fighting.

But you can only create that kind of plan while the storytellers are still here. Every day you wait is another day a story might be lost forever. That’s why it’s important to start now, with a Life & Legacy Plan designed to pass on both your assets and your stories.

Take Action to Preserve Your Family’s Legacy Today

Your family’s stories are irreplaceable. They won’t preserve themselves. Without intention, they’ll slip away with each passing generation—taking with them not just history, but wisdom, love, and connection.

And it all begins with a Life & Legacy Planning Session. During this two-hour working session, you’ll:

Get clear on what would happen to your assets and loved ones if something happened to you today.
Create a complete inventory of everything you own, so nothing is ever lost or overlooked.
Explore your family dynamics, values, and goals to design a plan that reflects what matters most to you.
Pick the right plan that fits your values, goals, and budget.

Most people walk out of their session feeling more organized, empowered, and relieved than they ever thought possible, and with the peace of mind knowing they’ve done the right thing for all the people they love.

Are you ready to capture what matters most? Schedule your complimentary Life and Legacy Planning Session today.

The $1.5 Million Estate Planning Mistake You Can't Afford to Make

Tue, 02 Sep 2025 00:30:20 GMT

You think you've done everything right with your estate planning. Then tragedy strikes, and a simple paperwork error costs your children $1.5 million in taxes.

When "Good Enough" Estate Planning Becomes a Family Nightmare

Billy Rowland was the kind of guy who wore a "World's Greatest Grandpa" cap and spent his life building something meaningful. Over decades, he expanded his small businesses across Ohio—trucking, used cars, real estate, banking. He served on charity boards and seemed to have his financial house in order.

When Billy's wife Fay died in 2016, her estate filed the required tax return to preserve her unused estate tax exclusion for Billy's future use. It seemed like routine paperwork. The return estimated her estate's value and listed various assets—real estate, business shares, the usual suspects.

But here's where things went sideways: The return didn't spell out the specific value of each individual asset. To most people, this might seem like a minor detail. After all, they provided the total estate value, right?

Wrong. That one "minor" detail cost Billy's heirs $1.5 million when he died in 2018.

The IRS ruled that because Fay's estate return was incomplete, Billy's estate couldn't use her $3.7 million unused exclusion. Without that protection, Billy's $26 million estate faced a massive tax bill that could have been avoided with proper planning.

What makes this story particularly heartbreaking is that the error wasn't discovered until it was too late to fix. The IRS didn't raise questions about Fay's return until 2021—three years after Billy died and five years after Fay's death. By then, the window for corrections had slammed shut.

Why This Problem Is About to Get Much Worse

If you think the Rowland family's situation is a rare occurrence, think again. Changes in tax law are making this type of mistake both more likely and more expensive.

Under current law , each person can pass $13.99 million to their heirs tax-free in 2025. That number jumps to $15 million per person in 2026. For married couples who plan properly, that means they can potentially shelter $30 million from estate taxes.

But here's the catch: To get that doubled protection, the first spouse to die must file a proper estate tax return, even if their estate is below the threshold that would normally require filing. Miss a detail on that return, and the surviving spouse loses access to the deceased partner's unused exclusion forever.

The stakes keep getting higher. With estate taxes at 40% (for estates that are worth a million or more above the exclusion amount), a family that loses a $15 million exclusion because of a paperwork error could face a tax bill costing millions. Not to mention, the estate’s assets may not be liquid, and will need to be sold in order to pay the tax bill. In order to generate funds, a family business, the family home, or other meaningful and valuable assets may need to be sold, destroying a lifetime of careful wealth building.

Consider this: Nearly 500,000 Americans now have a net worth of $15 million or more. Many of these families have no idea they're sitting on a potential estate planning time bomb.

Even families with smaller estates aren't safe. Your investments could grow significantly over time, you might receive an unexpected inheritance, your business could take off in ways you never imagined, or the estate tax exemption could go down, as it fluctuates with each administration. What seems like a manageable estate today could easily cross into dangerous territory tomorrow.

The Real Problem: Planning That Fails When You Need It Most
The Rowland family’s experience exposes a fundamental flaw in how most people approach estate planning. Too many people treat it as a one-time transaction—draft some documents, file them away, and assume everything will work out.

But effective estate planning isn't about having the right paperwork in a drawer somewhere. It's about creating a comprehensive system that adapts to your changing circumstances with the support of an attorney who ensures your plan actually works when your loved ones need it most.

Think about what happens in most estate planning scenarios. A family meets with a lawyer, creates a will, a trust, or both, maybe fills out some beneficiary forms, and then considers the job done. Years pass. Laws change. Assets grow. Family situations evolve. But the estate plan sits there, frozen in time, based on circumstances that may no longer exist.

When the first spouse dies, someone (often a grieving surviving spouse or adult child) is suddenly responsible for navigating complex tax rules and filing requirements they never knew existed. They're dealing with paperwork they've never seen, making decisions about legal concepts they don't understand, all while processing grief and family changes.

Is it any wonder that critical details get missed?

The traditional approach to estate planning sets families up for exactly this kind of failure. It focuses on creating documents rather than building a relationship with a trusted advisor who understands your unique situation and can guide you through life's changes.

This is why the concept of "planning that works" is so crucial. It's not enough to have estate planning documents—you need a comprehensive Life & Legacy Plan that evolves with your life and includes ongoing guidance to ensure nothing falls through the cracks.

A Life & Legacy Plan includes regular reviews to make sure your plan still fits your current situation. It involves clear communication with your loved ones about your wishes and the plan's structure. Most importantly, it includes professional guidance to navigate complex requirements like estate tax returns and portability elections.

When Fay Rowland died, someone should have been there to ensure her estate tax return was filed correctly. Someone should have double-checked that all required details were included. Someone should have been monitoring the situation to catch any potential issues before they became disasters.

Instead, the family was left to navigate these treacherous waters alone, and it cost them dearly.

Building Protection That Actually Works

The good news is that the Rowland family's nightmare is completely preventable. But it requires a different approach to estate planning—one that prioritizes ongoing relationships and comprehensive planning over simple document creation. That’s what my Life & Legacy PlanningⓇ process is all about.

Here’s what you need to know about why Life & Legacy Planning works:

Estate planning isn't a "set it and forget it" proposition. Your plan needs to grow and change as your life evolves. This means regular reviews with me, so I can spot potential problems before they become disasters.

If you're married and have significant assets, don't assume that basic estate planning documents are enough. You need a comprehensive strategy that considers tax implications, coordinates with all your other financial planning, and includes proper guidance for complex decisions like portability elections. I have these systems in place.

Make sure your family knows the plan. Too many estate planning disasters happen because surviving family members don't understand what needs to be done or when critical deadlines are approaching. Your loved ones shouldn't be learning about your estate plan for the first time after you're gone. Instead, I’ll support you to have open communication with your loved ones before you die, and be there for them after you die. They’ll never be left wondering what your intentions were, what to do, or how to do it.

Finally, when you work with me, I’m not just a document preparer. I am a trusted advisor who will be there for your family when decisions need to be made, will ensure that required returns are filed properly, and will monitor changing laws that might affect your plan. You don’t need to worry about your plan failing and your loved ones paying the price, because I’ll be there to ensure it works.

The Rowland family's story is a stark reminder that in estate planning, small details can have enormous consequences. Don't let a paperwork error destroy the legacy you've spent a lifetime building.

Protect Your Family's Future Today
Your family's financial security is too important to leave to chance. The Rowland case shows us that even successful families with significant assets can lose millions because of estate planning mistakes that could have been easily prevented with proper guidance and a trusted advisor who’s there for you throughout your life and for your loved ones after you die.

As your Lawyer for Life, I help families create comprehensive Life & Legacy Plans that actually work when you need them to. My process ensures that your assets are protected, your loved ones understand the plan, and all the technical requirements are handled properly—so you never have to worry about a costly mistake derailing your family's future.

With the right planning, you can rest easy knowing that your legacy will be preserved exactly as you intended and your life's work will benefit the people you love most.

Don't let your family become the next cautionary tale, schedule your Life and Legacy Planning Session today.

When Every Dollar Counts: How Labor Day Reminds Us That Life & Legacy Planning Is More Essential Than Ever

Mon, 25 Aug 2025 16:16:59 GMT

With inflation eating away at purchasing power and wages barely keeping pace, American workers are feeling the squeeze like never before. This Labor Day, discover why protecting what you've worked so hard to build has never been more important.

The Numbers Are Staggering

The data tell a stark story that affects people where it hurts most - the essential costs of daily life. According to the Bureau of Labor Statistics , from 2020 to 2024, food prices rose 23.6 percent—higher than the overall inflation rate of 21.2 percent. Transportation costs skyrocketed even more, jumping 34.4 percent, while housing costs climbed 23.0 percent. For renters, rent prices are now 35.8% higher than before the pandemic and have risen 1.5 times faster than wages since 2019. Meanwhile, potential homebuyers face mortgage rates that jumped from below 3% during COVID to a peak of 7.08% in October of 2024, more than doubling borrowing costs (as of publication, rates are about 6.6%). And if you need a car? New vehicle prices have climbed 22% since 2019 , with the average payment now at a record $742 per month.

Furthermore, with the implementation of new U.S. tariff rates, data show that consumer prices have increased in the short run and are expected to continue the pattern in the long run.

This isn't about statistics—it's about real families making real sacrifices. Parents skipping meals so their kids can eat. Young adults are moving back home because rent is unaffordable. Retirees are returning to work because their savings aren't enough anymore.

So what does this economic reality mean for protecting your family's future?

Why Life & Legacy Planning is More Critical, Not Less

Here's what might surprise you: this economic squeeze makes Life & Legacy Planning more crucial, not less.

When money is tight, it's natural to think estate planning is a luxury you can't afford. That thinking couldn't be more wrong. In fact, it could cost your loved ones everything you’ve worked for and keep them from being able to use their inheritance to build a stable financial future for themselves.

When resources are already stretched thin, your family simply cannot afford the chaos that comes from not having a plan. Without proper planning, your assets could get stuck in probate court for months or years while your loved ones can't access money for basic living expenses, medical bills, or keeping the family home. Court fees and administrative expenses can easily consume 5-10% of an estate's value and sometimes more. For a family already struggling financially, losing thousands to unnecessary legal fees can be devastating.

The beauty of proper Life & Legacy Planning is that it works regardless of your economic circumstances. In fact, the less financial cushion you have, the more important it becomes to ensure every dollar reaches the people you love.

When you work with me to create your comprehensive Life & Legacy Plan, I can help you ensure that your loved ones have immediate access to resources when they need them—no waiting months for probate courts or scrambling to pay the estate’s bills out of pocket while assets are tied up. Together, we’ll use smart planning strategies to help your dollars go further- whether through trusts that protect assets from creditors, structures that preserve government benefits, or life insurance proceeds that grow over time rather than becoming a one-time payout. Moreover, a comprehensive Life & Legacy Plan adapts as your circumstances change over time, ensuring that it works when your loved ones need it to.

But what happens to families who don't have this protection in place? Let’s consider a hypothetical scenario that illustrates the specific impact your loved ones could face.

The Real Cost to Your Loved Ones

Consider this: Maria worked two jobs to support her three children after her divorce. Between her administrative work and weekend grocery shifts, she was barely keeping afloat even before inflation hit hard. She was in survival mode, working hard to support herself and her children each day. Estate planning felt like a luxury she couldn't afford, both in terms of time and money.

But Maria did have assets to protect: a small life insurance policy, a modest retirement account, and emergency savings. More importantly, she had three minor children who would need care both physically and financially if she died before they became adults.

Maria ended up dying in a tragic car accident, at which point her family discovered the harsh reality of not having a plan. Her life insurance got tied up because she'd never updated beneficiary designations after her divorce—it still listed her disappeared ex-husband. Her children ended up in temporary foster care because family members couldn’t afford to raise them and their own kids at the same time.

By the time the legal dust settled eighteen months later, attorney fees and court costs had consumed nearly 40% of what Maria had worked so hard to save. Her children inherited a mess instead of their mother's gift of financial stability.

Now consider this: If Maria had worked with me to create a Life & Legacy Plan, not only would we have created a plan that saved her assets for her children rather than going towards court costs, but I would have also helped her review her beneficiary designations for her accounts, further protecting those assets for her kids. Her children would not have ended up in foster care because I would have advised her on how to provide financial support so her chosen guardians had the financial resources to raise her children. And, because I have systems in place to make the planning process easy and efficient, I would have helped her get her planning done even though she was busy working two jobs and raising three children.

It appears that the economic challenges we're facing aren't going away soon. But by working with me to create your Life & Legacy Plan, you can ensure that today's financial pressures don't compound into tomorrow's devastating problems.

Take Action Today

This Labor Day, honor your hard work by protecting the fruits of your labor. The current financial reality facing many families - perhaps yours - means that now is the perfect time to plan for the future. Your family deserves to inherit your love and care, not legal complications and unnecessary expenses.

As your Lawyer for Life, I help you create a Life & Legacy Plan that protects both your wealth and your relationships. My process starts with a Life & Legacy Planning Session, where we'll discuss your economic reality, your family dynamics, your concerns, and your goals for your loved ones’ future. From there, we'll create a Life & Legacy Plan that works when you and your loved ones need it to.

When Fame Can't Fix Family: What Hulk Hogan's Estate Teaches Us About Failed Planning

Mon, 18 Aug 2025 15:35:54 GMT

Fame and fortune couldn't protect wrestling legend Hulk Hogan's family from the heartbreak of estrangement and inheritance disputes. His story reveals why even celebrities need estate planning that goes beyond the documents.

What Happened in the Hogan Family

To understand the magnitude of this family tragedy, let’s analyze what happened. Brooke Hogan is Hulk’s daughter from his first marriage. But she wasn't just his daughter—she appears to have been his devoted caregiver. According to reports, she was there for every surgery he had, she’d take detailed notes from every doctor who treated her father, and coordinated his medical care through multiple health crises. She even moved from Michigan to Florida to be closer to her father.

But Brooke became increasingly concerned about the people surrounding her father. She reportedly felt that individuals were taking advantage of him, and despite her efforts to protect him, these concerns created ongoing disagreements between father and daughter. The situation deteriorated over time. After years of trying to protect her father and being met with resistance, Brooke made an extraordinary decision in 2023. She contacted Hogan's financial manager and asked to be removed from his will entirely because she did not want to deal with the conflict she saw coming after her father died.

Think about what this means for a moment. Brooke walked away from what could have been millions of dollars—more than most people will ever see in their lifetime.

Put yourself in Brooke's shoes. Imagine loving your father deeply, caring for him through serious health problems, and then feeling forced to choose between fighting for your inheritance and preserving your own peace of mind. The emotional weight of that decision must have been crushing. She essentially chose to protect herself from future conflict by giving up any claim to the wealth her father had built.

Why Brooke's Decision Was Rational

While relinquishing millions of dollars might seem extreme, Brooke's decision reflects a harsh reality about family conflict and inheritance disputes. Her choice was actually quite rational when you understand how devastating estate battles can become, particularly in families that already have underlying tensions.

Family conflict over inheritances is incredibly common, especially in blended families where multiple marriages create complex dynamics. Family disputes over estates can drag on for years, cost hundreds of thousands of dollars in legal fees, and permanently destroy relationships between siblings, parents, and children. When families are already experiencing conflict before someone dies, these disputes become even more likely and more destructive.

Brooke was keenly aware of how conflict was already affecting her relationship with her father. She could see that the people she was concerned about had significant influence over him, and she likely recognized that challenging his will after his death would mean fighting not just for money, but against those same individuals who might benefit from prolonged litigation.

Estate battles are also emotionally devastating. They force grieving family members to fight in court during the worst time in their lives, often revealing painful family secrets and forcing people to choose sides. The stress of litigation can destroy your health, your finances, and your relationships with other family members who may be on different sides of the dispute.

Given this reality, Brooke's decision to walk away begins to make sense. She chose her own peace of mind and the preservation of her immediate family over the uncertainty and trauma of a potential inheritance battle. While losing millions of dollars is significant, losing years of your life to litigation stress and family conflict can be even more costly.

The Cost of Family Estrangement Goes Beyond Money
Brooke Hogan's decision to remove herself from her father's will represents more than just a financial choice. It's the lost opportunity for reconciliation, the years of estrangement, and the fact that Hogan died without ever meeting his grandchildren. These are the kinds of losses that no amount of money can ever repair.

Family estrangement often stems from communication breakdowns, unresolved conflicts, and the absence of clear processes for addressing problems when they arise. When families don't have regular opportunities to discuss their concerns, share their values, and work through disagreements, small issues can escalate into relationship-ending conflicts.

This pattern repeats itself in families across the country, regardless of their wealth or status. Adult children become estranged from parents over disagreements about new spouses, business decisions, or lifestyle choices. Siblings stop speaking to each other over perceived slights or unfair treatment. Parents and children lose precious years together because they don't know how to bridge their differences.

How Life & Legacy Planning Prevents Family Breakdown

The tragedy of the Hogan family situation is that it likely could have been prevented with the right kind of planning early on. Our Life & Legacy Planning process takes a completely different approach that addresses not just the legal and financial aspects of estate planning, but the relationship dynamics that determine whether families stay connected or fall apart.

When you work with me to create your Life & Legacy Plan, I can help you have open communication with your family members before what’s not spoken becomes a potential source of conflict. If you have concerns about people surrounding a family member, or if there are disagreements about lifestyle choices or relationships, these issues get addressed while everyone is healthy and able to participate in finding solutions.

Life & Legacy Planning also includes regular reviews and updates that keep families connected over time. Life changes, relationships evolve, and new people enter the picture. Rather than letting these changes create distance and misunderstanding, regular planning reviews provide opportunities to discuss how changes affect the family and to make adjustments that preserve relationships.

Perhaps most importantly, Life & Legacy Planning helps families understand that the goal of planning isn't just to transfer assets, but to preserve the relationships that make those assets meaningful. What good is leaving someone an inheritance if the process of receiving it destroys their relationship with the rest of the family? What's the point of building wealth if your children become estranged from you before you die?

When done properly, estate planning becomes a vehicle for strengthening family relationships rather than a source of conflict. Families learn to communicate more effectively, work through disagreements, and make decisions that reflect their shared values. The planning process itself becomes an opportunity to build the kind of family legacy that lasts for generations.

Your Family Doesn't Have to Follow This Pattern

The Hogan family's experience doesn't have to be your family's story. You can create a plan that protects both your assets and your relationships. It starts with recognizing that estate planning is about much more than legal documents and financial distributions.

The key is working with someone who understands that successful estate planning requires addressing family dynamics, not just legal requirements. When you create a Life & Legacy Plan, you're not just deciding who gets what when you die. You're creating a framework for maintaining family relationships throughout your life and beyond.

This means having honest conversations about your values, your concerns, and your hopes for your family's future. It means establishing processes for addressing conflicts when they arise. It means creating systems that keep your family connected even as life changes and new challenges emerge. I support you to do all that and more.

Most importantly, it means recognizing that the people you love are more important than the assets you're leaving behind. Your legacy isn't just about what you've accumulated during your lifetime. It's about the relationships you've built, the values you've passed on, and the love you've shared with the people who matter most to you.

Take Action Before It's Too Late

Don't let your family's story end like the Hogan family's, with years of estrangement and missed opportunities for connection. As your Lawyer for Life, I help you create a Life & Legacy Plan that protects both your wealth and your relationships. My process starts with a Life & Legacy Planning Session, where we'll discuss your family dynamics, your concerns, and your goals for keeping your family connected. From there, we'll create a comprehensive plan that evolves with you and your family, and ensures that your legacy is one of love, not conflict.

Take the first step toward protecting what matters most. Call our office to schedule your Life and Legacy Planning Session today.

Why Estate Planning Documents Fail: The Hidden Truth About Traditional Estate Planning

Tue, 12 Aug 2025 16:22:12 GMT

You created your estate plan documents, thinking you did the right thing. But then your loved ones are left dealing with a time-consuming, expensive mess you left them. Why? Read more...

When Legal Documents Create Legal Disasters

Let’s start with a few families who did everything “right.” They worked with lawyers, signed estate plans, and trusted the process. But those plans didn’t work when it mattered most.

The Father Who Tried to Protect His Eight Children

A loving father created a trust to divide his assets among his eight children. But the attorney he worked with missed one small—but critical—detail: a strip of land near the family beach home wasn’t titled in the name of the trust.

When the father died, that oversight sparked a costly legal mess. His children faced delays, infighting, and a breakdown in trust—not only with each other, but with the attorney. And the very plan meant to protect them became a source of conflict

The Blended Family That Fell Apart Overnight

One man left his entire estate to his second wife, trusting her to “do right” by his daughter from his first marriage. But when he died, that trust was shattered. His wife kept everything - which she was entitled to do because he intentionally left all his assets to her - and cut off his daughter completely.

The daughter was left with two painful options: spend thousands in court with little hope of winning, or walk away with nothing. This father never imagined that grief and money would change family dynamics. But they often do.

The DIY Planner Who Unintentionally Disinherited Her Family

Another woman was proud of her financial savvy and used online templates to create a trust. Later, she wrote out a list of personal gifts for her children and grandchildren. But she didn’t realize that list had no legal standing. She also didn’t realize that the online trust document stated that the law in a different state dictated how the trust would be interpreted. It was a state she had never lived in, and thousands of miles from her home.

When she died, her second husband inherited everything. Her children went to court, and the case became expensive and contentious - exactly the outcome Jane was trying to avoid by drafting a trust in the first place.

Each of these people thought they were making smart decisions. They believed having legal documents meant they were protected. But, as the stories illustrate, documents alone aren’t enough.

Why “Simple” Plans Often Cost the Most
Another dangerous myth? Thinking your estate is “simple.” I can’t tell you how many people call my office and say something to the effect of, “My situation is very simple, I don’t need anything complicated.” Then we meet for a Life & Legacy Planning Session, and they discover that what they thought was “simple” actually wasn’t. Most estates are more complicated than people think. The truth is, even basic plans can fall apart without guidance.

The Daughter Who Lost the Family Home

After her father passed away, a woman discovered his house was still under mortgage—and behind on payments. She only found out because she was cleaning out his house and saw the bank’s letters in the mail. He did not have an inventory of his assets and liabilities she could find and know what to do. She couldn’t afford to catch up on his mortgage with her own money. She tried to negotiate with the bank, but she lacked legal authority to do so. That meant she had to file paperwork and had to wait for the court to appoint her as estate administrator before negotiating with the bank.

The court process took months because the courts were backed up with cases. Before she had authority to act, the bank foreclosed. The equity in her inheritance vanished.

This is entirely legal, too. Check your mortgage paperwork. It probably has a clause saying that the obligation to pay extends beyond your life.

A Better Approach: Life & Legacy Planning
These stories show why traditional estate planning fails. It treats planning like a one-time transaction—a stack of documents to sign and forget. But the documents alone won’t ensure your kids aren’t disinherited, the equity in your home is lost, and that your loved ones aren’t left with a mess. That's why Life & Legacy Planning is different.

With this approach, you don’t just get documents. You get a comprehensive plan that addresses:

Your assets: including a complete and updated inventory where your loved ones can find it and no assets get lost
Your wishes: from how assets are divided to how children are raised
Your family dynamics: so that conflict is minimized, not created, and you don’t accidentally disinherit your children
Ongoing updates: to ensure your plan stays relevant as your life changes

And most importantly, your loved ones get a trusted advisor—someone to call when the worst happens, who knows your plan and can guide them step-by-step, relieving them of stress, time off from work, extra expenses out of their pockets, and who provides support when they’re grieving. Documents cannot do that.

Real Protection Means More Than Documents on a Shelf

When you create a Life & Legacy Plan with me, your family will know where to find important documents and how to access accounts. They’ll know what steps to take, what bills to pay, and who to turn to for help.

A Life & Legacy Plan goes further to protect your family:

I will ensure your documents are not only signed, but that your trust is properly funded so your loved ones don’t have to go to court.
I will create and maintain a detailed asset inventory, including life insurance, retirement accounts, digital assets, and more.
I will review your plan regularly because your life, your finances, and the law all change over time - and if your plan doesn’t accurately reflect your life when you die or become incapacitated, it will fail. Your life isn’t static, and so your plan shouldn’t be either.

You will also pass on personal messages, stories, and your values. I hear over and over again from my clients’ loved ones that these things matter most - even more than the balance in your retirement account.

Planning Isn’t for You—It’s for the People You Love
Here’s another thing that traditional estate planning doesn’t get. Planning isn’t about you. It’s about the people who will be left behind. They’re the ones you do it for. So, ask yourself these questions:

Do you want them to waste months in court? Struggle to locate assets? Argue with siblings? Lose a home or miss an inheritance?

Or do you want them to feel secure, supported, and cared for—because you took the time to put a real plan in place?

Take Action Today
The stories I've shared aren't isolated incidents. They represent what happens to thousands of families every year who thought they were protected by traditional estate planning. Each person believed their situation was different, their family was closer, they could trust their spouse to carry out their wishes, and that their planning was sufficient. They never imagined they'd become cautionary tales.

Don't let your family become another story of estate planning gone wrong. The families in these stories thought it could never happen to them, but it did. The difference is that you still have time to create a plan that will actually protect the people you love most.

"It Has Been Such a Good Life": The Legacy Your Loved Ones Need

Mon, 04 Aug 2025 16:17:30 GMT

While we often focus on financial inheritance and legal documents, the reality is that your loved ones will treasure your humanity, your love, and your guidance far more than any material wealth you leave behind. So the question is: are you preparing to give them what they'll value most?

What Your Family REALLY Values After You're Gone

In the immediate aftermath of losing someone you love, money becomes secondary to the desperate need for connection, comfort, and understanding. They'll be searching for pieces of you, trying to feel your presence, and longing to know what you would have wanted them to do.

When you die without sharing your deeper thoughts and feelings, your loved ones are left with an emotional void that no amount of money can fill. They may spend years wondering what you were thinking, whether you were proud of them, or how you would have handled certain situations. This uncertainty has the power to create lasting pain that affects their relationships, their decisions, and their ability to move forward with confidence.

The people who struggle most after losing someone aren't necessarily those with financial problems—they're the ones who feel emotionally adrift because they don’t know how to find peace after their loved one has died.

The True Legacy of Love: Clear Communication and Guidance

The best way to help them find peace is by passing on your love. Love is expressed through preparation and clear communication. When you take time to share your thoughts, values, and wishes with your family, you're giving them a roadmap for navigating life without you. This isn't just about end-of-life care or funeral arrangements—it's about providing the emotional support and practical guidance they'll need for years to come.

This type of communication becomes a legacy of love that extends far beyond your lifetime. When your children face difficult decisions, they can ask themselves what you would have done. When they need encouragement, they can remember your words of support. When they want to honor your memory, they know exactly what would make you proud.

Clear communication also prevents the kind of family conflicts that can destroy relationships after someone dies. When everyone understands your wishes and the reasoning behind them, there's less room for misunderstanding or manipulation. Your words become a unifying force that brings your loved ones together rather than driving them apart during an already difficult time.

Unfortunately, traditional estate planning completely misses this crucial need for emotional connection and ongoing guidance. Traditional planning focuses solely on legal documents, as if dying is a purely financial transaction. Traditional estate planners may ask you who should get your house and how to minimize taxes, but they won't help you communicate your values, share your life lessons, or prepare your family for the emotional realities they'll face after you're gone.

Create Your Own Legacy of Love Through Life & Legacy Planning

Life & Legacy Planning is so much more than traditional estate planning. It prepares your loved ones for a life without you. Here’s how:

You Create Clarity, Not Just Documents

Life & Legacy Planning is so much more than creating documents. It's estate planning done the right way so that it will work for the people you love most when they need it to. Once you create a Life & Legacy Plan with me, your loved ones will have the guidance they need. They’ll know where to find important documents, how to access your accounts, and what steps to take first. They will have clear instructions about everything from paying bills to handling your business interests.

But most importantly, they'll understand your wishes, not just about money, but about the things that matter most to them—how you'd want your children raised if you die while they’re minors, and what values you hope they'll carry forward. Your loved ones will know what family traditions you want to pass on, and what stories you want to tell about family members long-since passed.

You Prepare Your Loved Ones for Financial Realities

Your Life & Legacy Plan will also address the financial realities - not just the transactions - your loved ones will face. How will your spouse manage the mortgage? What about your children's future education costs? How can you ensure your family maintains their lifestyle while also preparing for long-term financial security? The answers to these questions won't come from a life insurance policy or a set of documents alone.

You Leave a Piece of Yourself

An important part of my Life & Legacy Planning process, most clients tell me it’s the most important part, is I help you create a Life & Legacy Recording. It's your opportunity to speak directly to your loved ones about what matters most. You might share the story behind family heirlooms, explain your values and hopes for the future, offer encouragement for difficult times ahead, or simply express how much your family means to you.

Unlike Rudolph's note, which was discovered by chance, your Life & Legacy Recording is specifically designed to be watched when your family needs it most. It becomes a permanent reminder of your love, wisdom, and presence in their lives. Your grandchildren will even be able to hear your voice and learn from your experiences, even if they're born years after you're gone.

You Give Them a Guide So They Have Someone to Turn to When They Need It

Finally, I have systems in place to review and update your plan on an ongoing basis as your life and assets change, so your plan will work over time, and so you have a trusted advisor at your side who has your back. I'll form a relationship that will last throughout your lifetime, and I'll be available to your loved ones so they know exactly what to do and when. If I am no longer available, know that I’m part of the Personal Family Lawyer network - lawyers who also use the Life & Legacy Planning process - and I’ll ensure one of them will be able to step in and support you and the people you love.

This ongoing relationship is what truly makes the difference. Most lawyers lose touch with clients once the documents are created, leaving families to navigate the legal process alone while they're grieving. When they have to go through probate or handle other legal matters, they have no idea what's expected of them or how to manage the process—and this is overwhelming, especially when they're also dealing with grief.

Let’s Build a Plan That Leaves No Questions—Only Love

If you want to create a plan that leaves a legacy, don’t wait. Life is unpredictable. But your love doesn’t have to be.

As your Lawyer for Life, I’ll help you create a Life & Legacy Plan that protects your family legally, prepares them emotionally, and leaves behind the greatest gift you could ever give them the gift of your love.

Nobody Prepared Me For This! The Reality of Managing Inherited Real Estate

shaira@younglawnv.com (Sharia Young) — Tue, 29 Jul 2025 16:35:31 GMT

Inheriting a home comes with hidden responsibilities that can overwhelm grieving families. From security concerns to ongoing maintenance, learn what to expect and how proper planning can prevent costly surprises.

The Immediate Security Concerns You Can't Ignore

The first 48 hours after someone dies can be critical for protecting their home. Unfortunately, there are people who see a death announcement or funeral notice as an opportunity. Break-ins during funeral services happen, and an obviously empty house can become a target for theft or vandalism.

Your immediate priorities should include securing all entry points and changing the locks as soon as possible. You don't know who might have keys or alarm codes. That trusted neighbor who helped your relative might be completely trustworthy, but their teenage son's friends are unknown quantities. The home health aide who cared for your loved one might have made copies of keys with good intentions, but now those keys represent a security risk.

Beyond changing locks, you'll want to establish some basic security measures. Make sure neighbors know who should and shouldn't be around the property. If there's a security system, update the codes and contact information. Consider having someone stay at the house during the funeral service if possible.

Remove easily portable valuable items as quickly as you can. Jewelry, small electronics, cash, prescription medications, and firearms should be your first priorities. Don't forget about items that might not seem valuable to you but could be attractive to thieves, like tools, lawn equipment, or collectibles.

The goal isn't to empty the entire house immediately, but to remove the items that would be easiest for someone to grab quickly and that would be hardest for you to replace. While security concerns might seem like the biggest challenge initially, they're actually just the beginning of your responsibilities as the new property owner.

The Ongoing Maintenance That Never Stops

Once you've secured the immediate concerns, you'll discover that houses don't pause their needs just because they're empty. In fact, vacant homes often require more maintenance attention than occupied ones because small problems can quickly become big problems when no one is around to notice them.

Heating and cooling systems still need to run to prevent damage to the structure and remaining contents. In winter, you can't simply turn off the heat—frozen pipes can cause thousands of dollars in damage. In summer and humid climates, lack of air circulation can lead to mold growth that can destroy the property's value.

Regular inspections become crucial when no one's living in the house day-to-day. A small roof leak that a homeowner might notice immediately can cause extensive damage in an empty house before anyone discovers it. Clogged gutters, missing shingles, or foundation issues won't announce themselves—you need to actively look for them.

The property's exterior needs ongoing attention too. An unmowed lawn, unremoved newspapers, or uncleared snow immediately signals that the house is vacant. This not only creates security risks but can also violate local ordinances and affect the property's value. You'll need to arrange for regular lawn care, snow removal, and general upkeep to maintain the property's appearance and value.

Don't forget about pest control. Vacant homes can quickly become attractive to rodents and insects, especially if there's food left in pantries or if entry points aren't properly sealed. What starts as a small mouse problem can become a major infestation that damages the property and creates health hazards.

Beyond the day-to-day maintenance challenges, there's another critical issue that many families discover too late: their insurance coverage may not be what they think it is.

The Insurance Complications That Could Cost You

Here's something that catches many families off guard: your loved one's homeowner's insurance might not cover damages that occur after the house becomes vacant. Insurance companies consider vacant properties to be higher risk, and many standard homeowners policies have clauses that limit or exclude coverage for properties that have been unoccupied for more than 30 days.

You need to contact the insurance company immediately to report the change in occupancy status. Some insurers will provide continued coverage for vacant properties, but usually at higher premiums and with more limited coverage. Others might cancel the policy entirely, requiring you to find specialized vacant property insurance.

The stakes here are enormous. If the house burns down or suffers major damage and the insurance company determines it was vacant without proper coverage, you could be personally liable for the full loss. This could easily amount to hundreds of thousands of dollars.

Even if you're planning to sell the property quickly, don't assume you can skip this step. Estate sales often take longer than expected, and even a few months of improper coverage could result in devastating financial consequences.

The key is to be proactive and honest with the insurance company about the property's status. Work with them to understand your options and ensure continuous appropriate coverage throughout the time you're responsible for the property.

While these challenges might seem overwhelming, there's a way to prevent most of them from becoming problems in the first place.

How Life & Legacy Planning Prevents These Problems

All of these challenges become much more manageable if your loved one had a proper Life & Legacy Plan in place. Unlike traditional estate planning that focuses primarily on legal documents, Life & Legacy Planning anticipates the practical realities your loved ones will face and provides systems to handle them smoothly.

When you work with me to create your Life & Legacy Plan, we will include a complete asset inventory that documents everything your family needs to know about the property, including the deed, insurance policy and other documentation relevant to the home. This inventory prevents your family from having to search through boxes and files while they're grieving, trying to piece together basic information about what you own.

Life & Legacy Planning may also include strategies to ensure funds are immediately available to cover property expenses. This is crucial because, without proper planning, your family might have to pay out of pocket for maintenance, repairs, insurance, and utilities for months or even years if you need to administer the estate through probate.. Imagine having to cover a major roof repair or heating system replacement from your own savings because the estate's funds are tied up in court. Many people aren’t in the position to be able to do this while keeping up with their own expenses.

Perhaps most importantly, when you work with me to create your Life & Legacy Plan, your family will have me as their trusted advisor when these challenges arise. They won't have to search for help while they're dealing with grief and trying to figure out what to do with your house. Instead, they'll have someone who can guide them through each decision with confidence.

Taking Action to Protect Your Family

If you want to make sure your loved ones know exactly what to do with your house after you die - and they have the support they need for every step - the time to act is now. As a Your Lawyer for Life, I help you create a Life & Legacy Plan that works so your loved ones aren’t burdened with the stress of trying to figure out what to do. You’ll start with a Life & Legacy Planning Session, where you’ll get more financially organized than ever before, and learn what will happen to your home, your loved ones, and all your assets if you become incapacitated or when you die. Armed with this knowledge, you and I will create a plan together that fits your unique needs, wishes, and values at a price that works for you. When you work with me, I make it easy for you to give your loved ones the greatest gift - the peace of mind that comes from knowing you’ve taken care of all the details, so they don’t have to.

100 Heirs, $17 Billion, and 1 Big Estate Plan: What You Can Learn From a Tech Billionaire

shaira@younglawnv.com (Sharia Young) — Mon, 21 Jul 2025 20:36:43 GMT

What happens when one person has over 100 heirs? Whether you’re worth $17 billion or not, a thoughtful plan is essential to ensure your wealth—and your values—are passed on the way you intend.

You Don’t Need a Billion Dollars to Need a Plan

Let’s get this straight—estate planning isn’t just for billionaires. Whether you have $1,000 or $10 million, your assets matter. More importantly, the people you love and the life you’ve built deserve good choices and good planning.

In fact, having less money often makes planning even more critical. Without a plan, your family could be stuck in court, paying legal fees and waiting months (or years) to gain access to your accounts, your home, or even the legal authority to make decisions for you, if you're incapacitated.

Estate planning also goes beyond money. It’s also about:

Naming legal guardians for your minor children - and preparing them to raise your children in the way you want and with the resources they need;
Choosing someone to make healthcare decisions if you can’t - and equipping them with the clarity they need so your wishes are honored;
Making sure your loved ones know how to find and access all your assets so nothing gets lost and turned over to your state’s department of unclaimed property;
Communicating your values, wishes, and legacy clearly so your loved ones are on the same page and don’t fight over what they think you wanted.

But as Durov’s story shows, having a plan is just the beginning. What really matters is how you plan—and who your plan includes.

Equal Doesn’t Always Mean Simple

Durov made headlines by declaring he will treat all of his biological children equally—regardless of how they were conceived. In theory, this sounds noble. In practice, it’s complicated.

Let’s unpack that. First, how do you even find all 100+ children—especially if they were conceived anonymously in different countries? Who gets to verify their biological connection? What if two children fight over their share of the inheritance? What if one child was never told the truth about their conception?

Even if you don’t have 100 heirs, blended families and nontraditional family structures are more common than ever. Maybe you have children from previous relationships, stepchildren, adopted children, or even children you’re not in regular contact with. If your estate plan isn’t crystal clear, your family could face painful conflict—or worse, end up in court.

An effective plan addresses not just who inherits, but how, when, and under what conditions. It should:

Be updated as your family changes
Clarify your intentions around inheritance
Name the right people to manage your estate
Minimize the chances of conflict

Don’t assume your family will “just work it out.” Without a plan, the state decides—and that rarely leads to outcomes aligned with your wishes.

And if you’re thinking of delaying access to assets to avoid “trust fund baby” syndrome, there’s a smart way to do it. But you need more than good intentions—you need legal tools.

Timing and Trusts Matter More Than You Think
Pavel Durov says he doesn’t want his children accessing his fortune right away. Instead, he’s locking it up for 30 years so they can “build themselves up alone.” That approach may resonate with you—many parents don’t want their children inheriting a large sum before they’re mature enough to handle it.

The good news is, you don’t have to be a billionaire to set up similar protections. With the right kind of trust, you can:

Delay inheritance until a specific age or milestone or even keep an inheritance protected while giving your heirs access to use the assets
Distribute funds over time (e.g., one-third at age 25, one-third at 30, the rest at 35) or hold them all in trust with your heirs becoming co-trustees, and then even sole trustees, when they are educated and ready
Limit how funds can be used (like education, housing, or medical care)
Appoint a trustee to manage the money wisely

Trusts also help avoid probate, which is often a long, expensive, and public court process. They offer privacy and peace of mind, especially if your family includes young children, special needs beneficiaries, or high-conflict dynamics.

Without a trust, delayed inheritance plans can easily fall apart—or be contested in court. In short, the law needs to back up your wishes.

Planning Isn’t Just Legal—It’s Personal

The most powerful part of Durov’s story isn’t the money—it’s his desire to treat all of his children as equals and prevent conflict after his death. That’s an emotional choice, not just a financial one. That’s what true estate planning is about. It’s about making intentional decisions that reflect your values and relationships.

When I work with families to create a Life & Legacy Plan, we don’t just talk about assets. We talk about the people you love, your vision for their future, and how you want to be remembered. That means:

Ensuring your children are raised by the people you choose in the way you want, with the resources they need, or when they are adults, preparing them to receive whatever you’ll leave behind
Creating a system for passing on not just wealth, but wisdom
Including an asset inventory so nothing gets lost or overlooked
Recording a Life & Legacy Interview to preserve your stories and values

These are the things your family will need most—not just bank accounts and deeds, but guidance, clarity, and support.

Your Plan Needs to Work When It’s Needed Most

Here’s the truth: even the best documents can fail without regular review, ongoing support, and thoughtful execution.

Most traditional estate plans are one-time transactions—sign some papers, put them in a drawer, and hope they work. But life changes. Families grow. Assets shift. Relationships evolve.

If your plan isn’t updated regularly, it might not work when your loved ones need it to. That’s why I follow a proven system that includes:

A 3-Meeting Planning Process to get your plan done
At least a 3-Year Review Cycle to keep it current
Flat fees so you’re never surprised by an unexpected bill
Ongoing support for your family after you’re gone, so they have someone to help them when they need it most

Because when the time comes, your family shouldn’t be left guessing. They should have a trusted advisor who knows your plan, your wishes, and how to make it all work.

Let’s Build a Plan That Honors Your Legacy

No matter your family size, wealth level, or complexity, you deserve a plan that protects the people you love and the life you’ve built.

As your Lawyer for Life, I help you create a Life & Legacy Plan that keeps your loved ones out of court and conflict, avoids unnecessary taxes and delays, and gives your family something even more valuable than money: peace of mind.

The Life-or-Death Decisions Your Family Shouldn't Have to Make Alone

shaira@younglawnv.com (Sharia Young) — Mon, 14 Jul 2025 17:29:41 GMT

Organ donation can save lives, but a recent investigation revealed how a lack of planning can lead to devastating mistakes.

Organ Donation Without Clarity Can Go Horribly Wrong

According to a June 2025 New York Times report , in 2021, Anthony Thomas Hoover II's family faced their worst nightmare when he overdosed and was near death. They gathered and made the excruciating decision to end life support and donate his organs. As the hospital prepared for the removal procedure, something surprising happened.

He woke up.

Hoover cried, pulled his knees to his chest, and shook his head “no” as doctors moved forward. It took a hospital physician to step in and halt the process. Hoover survived, though he sustained neurological damage.

Astonishingly, this happens more often than most people may think. The federal investigation reviewed over 350 cases and flagged 73 where patients had shown signs of consciousness during the donation process. Some survived long enough to recover. Others died days later, without ever having their wishes clarified.

Unfortunately, in the absence of clear instructions, loved ones, hospitals, and donation agencies must make fast decisions—sometimes under pressure, and sometimes without the information they need from you. This puts them in a very tough and emotionally challenging situation.

One way to prevent this nightmare scenario from happening to you or someone you love is through clear communication, legal authority, and comprehensive planning. But first, let’s take a deeper dive into what happens when you haven’t prepared for this nightmare scenario.

How Hospitals Make Decisions When You Don’t

When you haven't created a plan that legally appoints a healthcare proxy or outlines your care preferences, hospitals rely on state laws and default policies to make decisions on your behalf. This process can be chaotic, impersonal, and completely disconnected from what you would actually want.

Here's what typically happens when you don't have your own plan in place. First, medical staff will review any existing documentation, including your driver's license for organ donor status, search for advance directives in your medical records, and consult hospital databases. If they find nothing, they turn to state law to determine who has the legal authority to make decisions for you.

The state's default hierarchy usually prioritizes spouses first, then adult children, then parents, then siblings. But what if you're estranged from your spouse? What if your adult children disagree with each other? What if the person the state chooses doesn't actually know your values or wishes?

In emergency situations, time pressure makes everything worse. Hospital staff need quick decisions about life support, treatment options, and potential organ donation. Without clear guidance from you, your loved ones may feel forced to make impossible choices based on incomplete information, their own emotions, or pressure from medical staff.

Knowing all this, what can you do to keep your loved ones from having to make these emotionally painful decisions? You can create a plan that works when you and your loved ones need it to.

Key Documents That Protect Your Medical Wishes
One part of planning that works is creating specific legal documents that give your loved ones the authority and guidance they need. Each document serves a different purpose, but they work together to ensure your wishes are followed. Here are the typical documents - tools, really - that you’ll create when you work with me as your Personal Family Lawyer:

A Living Will outlines your preferences for life-sustaining treatments, such as ventilation, resuscitation, and artificial nutrition. This document tells medical professionals and your loved ones exactly what you want if you're unable to communicate. Do you want to be kept alive at all costs? Are there circumstances where you'd want treatment stopped? Your directive provides these answers in writing.

A Durable Power of Attorney for Healthcare names the specific person you want to speak on your behalf if you can't. This person becomes your healthcare proxy, with legal authority to make medical decisions according to your wishes. Without this document, hospitals must follow state law to determine who can make decisions for you, and that person might not be who you would choose.

For the sake of clarity, know that some states combine the Living Will and the Durable Power of Attorney for Health Care into one document called the Advance Directive for Healthcare .

HIPAA Authorization forms ensure your chosen decision-makers can access your medical information. Even close family members can be blocked from receiving medical updates unless you've given them written permission. This document removes barriers that could prevent your healthcare proxy from getting the information they need to advocate for you.

A document that isn’t usually part of traditional estate plans but that I can help you create as part of my Life & Legacy PlanningⓇ model is instructions about organ donation. We can include language about this in your Power of Attorney for Healthcare or include the information on a separate page and keep it with your estate plan. This goes beyond simply checking a box on your driver's license. Your preferences around donation will be clearly documented and aligned with the rest of your plan.

Having these documents in place is an integral part of your plan, but not the entire plan. You need more than just the documents or you risk failing your loved ones - and yourself.

Why Documents Alone Aren't Enough

While these documents are essential, they're just pieces of paper unless they're part of a comprehensive plan that actually works when you need it. Too many people think that signing a few forms means they're protected, but documents sitting in a drawer can't speak for you in a crisis.

In addition, documents can become outdated as your health, family situation, or values change over time. The healthcare directive you signed ten years ago might not reflect how you feel today about end-of-life care. Your chosen healthcare proxy might have moved away, become ill themselves, or simply be unavailable when needed.

Even current, properly executed documents can fail if your loved ones don't know where to find them or how to use them effectively. In the chaos of a medical emergency, family members might not know these documents exist, or hospital staff might not have immediate access to them. They need to be able to access the documents at the moment they need them.

But perhaps most importantly, documents can't replace the conversations you need to have with your loved ones about your end-of-life wishes. If you haven't talked openly about what you want—and why you want it—you're leaving your family to make excruciating decisions on their own, wondering if they're doing the right thing or whether their decisions will be the catalyst for long-term conflict.

When you take the time to have these difficult conversations—explaining not just what you want, but why you want it—you lift an enormous burden from their shoulders. Instead of agonizing over an impossible choice, they can act with confidence, knowing they're honoring your wishes. You’re also potentially preventing disputes among family members who may disagree about your care.

Ultimately, your loved ones need someone they can turn to for guidance when faced with impossible choices. They may need support in understanding your intent and advocating for your wishes when medical staff might pressure them to make different decisions.

All of this, and more, is just one reason why when I work with you, I’ll be your Personal Family Lawyer and trusted advisor for life - and your family’s advisor if you’re incapacitated or when you die. They’ll have a heart-centered human who knows you, your values, your wishes, and your intentions, and can see them through a difficult time with not only the legal support they need, but also the emotional support they want.

Book Your Life and Legacy Planning Session Today

If the idea of being treated like an organ donor before you're actually gone makes your stomach turn, you’re not alone. What happened to Anthony Hoover and others like him is tragic—but preventable.

With a comprehensive Life & Legacy Plan in place, you can make sure your medical choices are respected, your family is protected, and no one ever has to question whether they did the right thing for you.

When you work with me, I’ll be there not just to help you plan, but to guide your loved ones in an emergency and after you die. During those first frantic hours or days in a hospital, when emotions run high and decisions must be made quickly, your family won’t be left to figure it out alone. They’ll have me to turn to—someone who knows you, understands your values, and can help them navigate what comes next with clarity, compassion, and confidence. Your loved ones won’t be dealing with an overwhelmed hospital system or a stack of confusing paperwork—they’ll have a real human being to lean on.

To learn more about how I support you and your loved ones for life, book your Life and Legacy Planning Session today.

When Paradise Turns to Pain: Jimmy Buffett's Estate Battle

shaira@younglawnv.com (Sharia Young) — Mon, 07 Jul 2025 18:04:08 GMT

Jimmy Buffett built an empire around the laid-back "Margaritaville" lifestyle, but his $275 million estate has become anything but relaxing for his family.

What Happened

Jimmy Buffett did many things right in his estate planning. According to reports , he created a will more than 30 years ago, updated it regularly (including just months before his death in 2023), and appointed both his wife, Jane, and his longtime accountant, Richard Mozenter, as co-trustees to manage his $275 million marital trust. The trust was designed to provide for Jane during her lifetime, with their three children inheriting what is left.

But despite having legal documents in place, the plan has created a nightmare for his family. Jane Buffett filed a lawsuit in June 2025 seeking to remove Mozenter as co-trustee, claiming he has been "openly hostile and adversarial" toward her while collecting $1.7 million annually in fees. She alleges he refused to provide basic financial information about her own trust and projected annual income of only $2 million from $275 million in assets, less than a 1% return.

Mozenter fired back with his own lawsuit, claiming that Jimmy had repeatedly expressed concerns regarding Jane's ability to manage and control his assets and that the trust was deliberately structured to prevent Jane from having absolute control. He alleges Jane has been uncooperative and has interfered with his management decisions.

This battle illustrates exactly why traditional estate planning often fails families, even when the documents themselves may be appropriately drafted and regularly updated. The root of this conflict isn't in the legal documents themselves. It's something much more fundamental that many families overlook, regardless of how many assets they have: effective communication.

Why the Legal Documents Aren’t Enough

What's missing from this story isn't legal documents—it's communication. According to the news reports , Jane became angry because she could not control the trust on her own, suggesting that Jimmy never clearly explained his intentions to Jane or discussed how the co-trustee arrangement would work in practice. If Mozenter's claims are true that Jimmy had concerns about Jane's financial management abilities, why wasn't this discussed openly during Jimmy's lifetime? If Jane was intended to be the primary decision-maker for her own trust, why wasn't this made clear to Mozenter?

The result is two people with completely different understandings of Jimmy's wishes, each believing they are honoring his intentions while creating a hostile environment that serves no one, least of all Jane, who is supposed to be the sole beneficiary of the trust designed to support her.

This scenario plays out repeatedly in families more often than you may realize. You can have perfectly drafted legal documents, but if the people named in those documents don't understand your wishes or their roles, your plan can still fail spectacularly. Your loved ones end up in exactly the kind of conflict and costly court battles you were trying to avoid.

The Cost of Poor Communication

No one should underestimate how expensive poor communication can be. Even though Jimmy created a set of legal documents, the documents alone did not prevent the conflict. The family is now incurring enormous legal fees, while Jane's trust pays Mozenter $1.7 million annually to manage assets that she alleges are underperforming. The emotional toll on the family—watching their patriarch's legacy become a source of conflict rather than security—must feel immeasurable.

Trust litigation attorneys report seeing an increase in these types of disputes as more wealth transfers between generations. According to research and consulting firm Cerulli Associates, an astounding $124 trillion is expected to be transferred through the year 2048. Without proper communication and planning, much of this wealth will be consumed by legal battles rather than supporting the loved ones it was meant to help.

The tragedy is that most of these conflicts are preventable with the right planning model

How Life & Legacy Planning Prevents These Disasters
This is precisely why I use a comprehensive Life & Legacy Planning model rather than traditional document-focused estate planning. Documents should not be the focus of your plan - they are the byproduct of effective planning. A Life & Legacy Plan includes well-drafted legal documents, yes, but even more importantly, ensures everyone understands their roles and your wishes, preventing the kind of confusion and conflict devastating the Buffett family.

When you work with me to create your Life & Legacy Plan, we start by having heart-to-heart conversations about your goals, your family dynamics, and exactly how you want your plan to work. If you're considering naming co-trustees or co-executors, we discuss the potential challenges and ensure everyone understands their roles before anything happens to you.

I also support you to have open, honest, and loving conversations with your family members and the people you're naming in your plan, so everyone understands your values, your wishes, and how your plan is designed to work. When people understand the "why" behind your decisions, they're much more likely to work together harmoniously.

Additionally, your Life & Legacy Plan includes detailed instructions for the people you've named in various roles, and I will be there for them when they need guidance after your death. And if I die, I have systems and processes in place to make sure your loved ones have a trusted advisor they can turn to.

Finally, I maintain an ongoing relationship with you throughout your lifetime, and we will review your plan on a regular cadence. This means we can address potential conflicts before they become problems and ensure that any changes to your plan are clearly documented and communicated to everyone involved.

All these taken together mean your plan will work the way you intend - and won’t leave a big mess for all the people you love.

Take Action Today

Don't let your family become another cautionary tale like the Jimmy Buffett estate. As your Lawyer for Life, I help you create a Life & Legacy Plan that includes not just the legal documents you need, but more importantly, the communication and understanding that will make your plan work when your loved ones need it most.

When you work with me, your loved ones will know exactly what to do when something happens to you. They'll understand your wishes, their roles, and how to work together to carry out your plan. And when you’re gone, I'll be there to guide them through the process, ensuring they have the support they need during one of the most difficult times in their lives. This gift of peace of mind is the greatest gift they could ever receive, and the greatest expression of love you can give.

Life, Liberty, and Legacy: How Life & Legacy Planning Promotes Independence

shaira@younglawnv.com (Sharia Young) — Mon, 30 Jun 2025 15:21:22 GMT

Independence Day reminds us that true freedom requires intentional planning and sacrifice. Just as the founders created a framework for lasting liberty, your Life & Legacy Plan creates lasting security for your loved ones.

Freedom From Government Control Over Your Family's Future

Our founders fought for the right to self-governance, rejecting the idea that distant authorities should make decisions about their lives and families. Today, you face a similar choice. Without an estate plan, you're essentially allowing the government to make crucial decisions about your family's future through default state laws and probate courts.

Here are just a few things that could happen:

A judge who has never met you or your children will decide who raises them. This means they could end up with people you’d never want to raise them - people who don’t share your values or wouldn’t honor your wishes.

State laws determine how your assets are divided. The law was written for everyone, and so is inherently a one-size-fits-all solution. The law doesn’t take into account your wishes or your loved ones’ unique needs. It also means that someone you’d never want to inherit from you may, and your assets may not go to the people you want in the way you want.

Your loved ones won’t have access to funds when they need them. Your loved ones may wait months or years for access to resources you intended them to have immediately. This means your bills won’t be paid, your children may lose access to funds for ongoing care, or your spouse may not be able to maintain their lifestyle. If you die with a mortgage and no one is able to make the monthly payments, any equity you have may be lost to foreclosure, instead of going to the people you love most.

It’s also common for assets to get lost and end up with the state’s department of unclaimed property, because you haven’t created an inventory of your assets, including how to access them after your death - and kept the inventory with your plan and updated it over time.

The public can access your personal information. Without an estate plan, your loved ones must go through a court process, which is public. They will need to submit information about your assets and your family.

The power to choose belongs to you. In what’s perhaps a rare circumstance, when it comes to your legal planning, your choices override the law.

However, not every estate plan will accomplish what you want. Many plans fail because they don’t take into account your unique family dynamics and your specific assets. They also often fail because no one is there to make sure your plan is updated over time, as your assets and life circumstances change. Just as the Constitution is often called a “living, breathing document,” designed for longevity and amended over time, your plan should work the same way. This is exactly what Life & Legacy Planning is all about.

Creating Your Own Bill of Rights for Your Loved Ones

Life & Legacy Planning goes beyond basic documents to create robust systems that work immediately when your loved ones need them. This includes detailed instructions for your loved ones, asset inventories that prevent anything from being lost, and an ongoing relationship with me, so I can guide them through difficult transitions.

Your Life & Legacy Plan also protects future generations by including provisions for how inherited assets should be managed. Instead of leaving your children vulnerable to poor financial decisions at age 18, you can structure their inheritance to support their education, encourage responsible money management, and provide security throughout their lives.

Building Lasting Institutions That Protect Your Legacy

Unlike traditional estate planning that focuses primarily on creating a set of documents, Life & Legacy Planning is about having an ongoing relationship with a trusted advisor who works with you over time to ensure your plan works. When you work with me to create your Life & Legacy Plan, I’ll also support you to:

Make sure your children are never taken into the care of strangers and will be raised by the people you want with your guidance.
Pass on your assets to the people you want in the way you want. This may include a structured inheritance for your children, so they don’t receive assets at age 18, when they’re more likely to make poor financial decisions.
Create an asset inventory that is updated over time so that no assets get lost and end up in the department of unclaimed property.
Create a Life & Legacy recording, where you share the stories, traditions, wisdom, and values that matter most to you. These are the things that mean more to your loved ones than money. And it’s the best way to pass on your love and legacy.
Review and update your plan as your life and assets change. I have systems in place so you never have to remember to update your plan. I’ll do that for you.

Your Life & Legacy Plan will also address practical realities that traditional planning ignores. How will your family access your digital accounts? How will they access your passwords? Where are your important documents stored, and how will your loved ones be able to find them quickly? These details can make the difference between a smooth process and months of frustration and confusion.

So, as you celebrate the freedoms our founders secured through careful planning and bold action, consider what freedoms you want to secure for your own family. The same courage that led to American independence can inspire you to take control of your loved ones’ future through comprehensive Life & Legacy Planning that works when you need it to.

Take Action This Independence Day

Don't let another Independence Day pass without taking action to secure your family's freedom. As your Lawyer for Life, I help you create a comprehensive Life & Legacy Plan that ensures your loved ones inherit your legacy. We'll begin your planning process with a Life & Legacy Planning Session, where you’ll gain clarity on what would happen to your assets and loved ones if you don't have a plan or have an outdated one. From there, you’ll make educated and empowered decisions to create a plan that works the way you want and reflects your values, protects your assets, and provides clear guidance for the people you love most.

Breaking the Cycle: How Life and Legacy Planning Protects Black Families' Generational Wealth

shaira@younglawnv.com (Sharia Young) — Mon, 23 Jun 2025 15:08:44 GMT

For generations, Black families have faced systemic barriers that have disrupted wealth building and transfer, but Life & Legacy Planning offers a powerful tool to break these cycles.

The Hidden History of Wealth Destruction

Understanding today's wealth gap requires acknowledging the deliberate policies that prevented Black families from accumulating assets, going back centuries. The Homestead Act of 1862 gave away millions of acres to white families while excluding Black Americans. The GI Bill after World War II helped create the white middle class, but discriminatory practices largely excluded Black veterans from these opportunities.

Perhaps most devastating was redlining , where banks systematically denied mortgages to Black families in certain neighborhoods. Since homeownership has traditionally been the primary way American families build wealth, this practice alone prevented countless Black families from participating in one of the greatest wealth-building periods in American history.

Even when Black families managed to accumulate property and businesses, these assets were often destroyed or seized. The 1921 Tulsa Race Massacre wiped out the prosperous "Black Wall Street" district. Similar attacks on successful Black communities occurred throughout the country, destroying millions of dollars in Black-owned assets.

What does this history mean for your family today? Building wealth as a Black family requires not just overcoming current barriers, but also starting from a position where previous generations may have lost assets that should have been passed down to you. Black families cannot afford to continue to lose assets at each generation.

How Traditional Estate Planning Fails Families

The primary mechanism for passing assets after death is estate planning. Traditional estate planning often fails Black families in the same way it fails all families, and then on top of that, it doesn't address the unique challenges and family structures that exist in many Black communities. Standard estate planning assumes a nuclear family structure with clear legal relationships, stable housing, and formal financial arrangements. But Black families often have more complex support networks that include extended family, chosen family, and informal caregiving arrangements that don't fit neatly into traditional legal documents or the state’s default estate plan.

Consider this hypothetical scenario: Maria worked two jobs her entire life to buy a small home and save money for her grandchildren's education. She created a simple will, leaving everything to her three children equally. When Maria died, her children discovered that her well-meaning will created a big mess for them. The house would need to go through probate court—a process that took two years and cost thousands of dollars in legal fees. During that time, they couldn't sell the house or access Maria's savings without court oversight, which was even more time-consuming and costly.

Unfortunately, Maria’s kids didn’t have a relationship with a lawyer that Maria had built a relationship with during life, and instead under pressure to sell Maria’s house after death, they worked with a lawyer who specialized in probate for the Black community. The lawyer dragged out the process, leaving Maria’s kids fairly desperate to sell the home, and ultimately they did sell, at a discount, to a property investor who the lawyer had lined up to buy the property for less than they would have gotten on the open market. The lawyer also seemed to be stirring up conflict between the three siblings, increasing her fees. By the time the process was complete, much of the wealth Maria had built was gone.

This scenario plays out repeatedly in Black communities because traditional estate planning often focuses on creating documents, leaving the creators of those documents with false security rather than plans that actually work with an advisor to guide their loved ones. As illustrated above, a will won’t help when your family needs immediate access to resources, when family members can't afford to wait through lengthy court processes, or when unscrupulous lawyers still flood the probate world and take advantage of financially or legally illiterate family members.

But there is a way to create a plan that will work when your loved ones need it, and won’t fail them or leave a mess behind. It’s through my proprietary process called Life & Legacy Planning.

How Life & Legacy Planning Works

Our Life & Legacy Planning process takes a completely different approach that addresses these real-world challenges that most families face, and which can impact Black families even more significantly, due to the historical. Instead of focusing primarily on legal documents, I focus on creating a comprehensive plan that protects your wealth, ensures your family can access it when they need it most, and helps you preserve wealth for future generations. Here’s how.

When you work with me, I start by understanding your unique family dynamics and financial situation. Who are the people you're supporting? What informal arrangements do you have in place? What are your biggest concerns about your family's financial security?

A Life & Legacy Plan may also include strategies to avoid probate court, which can be especially important for families who may not have the resources to navigate lengthy legal processes. I help you structure your assets so your family can access them immediately when you die, without waiting months or years for court approval.

I also help you create detailed instructions for your loved ones about your assets and your wishes. This is crucial because you may have wealth in forms that aren't immediately obvious—life insurance policies, retirement accounts, or property that has been in the family for generations. Without clear guidance for your loved ones, these assets can be easily lost or overlooked.

Perhaps most importantly, Life & Legacy Planning includes regular reviews and updates to ensure your plan continues to work as your life changes. Building generational wealth requires ongoing adaptation as laws change, your family dynamics change, and your financial situation evolves. When you create a traditional estate plan - even with a lawyer - usually the onus is on you to remember that you need to update your plan. Instead, I have systems in place to ensure I follow up with you regularly over time, so we can make updates when they’re needed. And, most importantly, I will be there for your loved ones when you can’t be. And if I’m no longer living, I’ve created succession plans to ensure your loved ones won’t fall prey to unscrupulous lawyers.

Building the Kind of Wealth That Lasts

Creating a Life & Legacy Plan isn't just about protecting what you have—it's about creating a foundation for long-term generational wealth building. I help families think beyond just financial assets to consider all the ways they can pass on wealth. This includes your knowledge and experience, your family history, your values, long-time family traditions you want to pass on, and so much more. These intangible assets are more valuable to your loved ones than money in the bank.

Your Life & Legacy Plan can also include strategies for teaching financial literacy to the next generation. When your children understand how money works, how to invest, and how to protect their assets, they're better equipped to continue building wealth rather than just spending what they inherit.

Are you ready to break the cycle of wealth loss that has affected too many Black families? Do you want to ensure that the progress you've made is passed on to your children and grandchildren, rather than being lost to court costs and failed planning? All you need to do is take action now.

Your Next Steps
As your Lawyer for Life, I will support you to create a Life & Legacy Plan that protects the wealth you've worked so hard to build and that serves your family for generations to come. My process starts with a Life & Legacy Planning Session, where we’ll discuss your specific family dynamics, your goals, and what will happen to you if you become incapacitated and to your loved ones when you die. You’ll also inventory all your assets so your loved ones know exactly what you have and nothing gets lost. From there, we’ll create a Life & Legacy Plan that reflects your unique family dynamics and creates a foundation for ongoing wealth building.

Why Business Owners Deserve More Than An Easy Or Cheap Estate Plan

shaira@younglawnv.com (Sharia Young) — Mon, 02 Jun 2025 19:53:06 GMT

When you're a business owner, an easy or cheap estate plan can leave your business vulnerable. Learn why your business documents and estate plan must work together, and what can happen if they don’t.

Why Easy or Cheap Estate Planning Falls Short for Business Owners

Estate planning is like crafting a legacy cookbook. Using an easy and cheap one-size-fits-all recipe might suit basic personal matters, but when a business is involved, customization becomes essential. Think about it: your business isn't just another asset—it's a living entity with its own legal structure, operational procedures, and relationships. It requires special handling in your estate plan.

Many business owners don't realize (and no one tells them) that their personal estate documents and business governance documents need to work in harmony. You may have created a will or trust that you’re happy with, but if your operating agreement contradicts these arrangements, your carefully laid plans could unravel at the worst possible moment. Often when it’s too late to do anything.

For instance, it often happens that an LLC's operating agreement contains succession provisions that conflict with trust documents. When the operating agreement and trust aren't properly coordinated, beneficiaries may face unnecessary legal battles after the business owner's passing. So business owners must ensure their estate documents integrate with their specific business structures. However, this integration does not happen automatically—it requires a deliberate alignment of both sets of documents.

The Critical Business Documents That Need Updating

When crafting your estate plan as a business owner, several key business documents require your attention:

Operating Agreements (for LLCs): These documents govern how your LLC functions and what happens when an owner dies or becomes incapacitated. They need specific provisions allowing for:

Transfer of your membership interest to your trust
Clear succession protocols following your death
Mechanisms for business continuity during transition periods
Buy-sell provisions that work alongside your estate plan

Corporate Bylaws (for Corporations): Similar to operating agreements, bylaws need provisions that align with your estate planning goals, including:

Stock transfer procedures that accommodate your estate plan
Management succession provisions
Emergency leadership protocols

Failing to update these vital business documents can lead to unintended consequences. Your business's place in your estate plan isn't just another ingredient—it's the main course. When these documents aren't aligned, the results can be costly and heartbreaking for the people you love most - and put your business in peril.

Real-World Consequences of Misalignment

Let’s consider a hypothetical example that illustrates the real-world consequences that can unfold when your business isn’t properly coordinated with your estate plan.

After Michael's unexpected passing, his brother attempted to step in and manage the company as trustee. However, the corporate bylaws had no provisions recognizing trustee management. Instead, they contained outdated language giving decision-making authority to the original co-founder, who had left the business years earlier. The resulting legal confusion cost Michael’s family over $100,000 in legal fees and nearly bankrupted the business before the situation was resolved. Between the legal fees and the loss of a significant amount of business assets, Michael’s children inherited very little.

This scenario plays out more often than you might think. When personal estate plans and business governance documents aren't synchronized, the consequences can include:

Protracted legal battles among heirs and business partners
Business operations grinding to a halt during critical transition periods
Tax complications that could have been avoided
Forced liquidation of business assets at unfavorable valuations
Irreparable damage to family relationships

None of this has to happen, however, if you work with me to create a comprehensive estate plan - called a Life & Legacy Plan.

How to Create a Seamless Transition Plan

My Life & Legacy Planning model supports you to update your operating agreement or bylaws to ensure that your interests can be effectively transferred to a trust, preserving the business's integrity and providing clear guidelines for successors. Here's how I can help:

If you have already created an estate plan, I’ll conduct a thorough review of both your estate plan and your business governance documents. I’ll look for inconsistencies or gaps, particularly around what happens to your business interest upon your death or incapacity.

Next, I will ensure that your operating agreement or bylaws explicitly permit transfers to your trust or other estate planning tools. This seemingly small detail can make all the difference in whether your wishes are smoothly implemented. If you don’t have an operating agreement or bylaws, I can help you create them.

And then, I’ll help you create clear succession protocols in your business documents that mirror the succession plans in your Life & Legacy Plan. Who will lead the company? How will decisions be made? What powers will your trustee have regarding business operations? We’ll address all this and more.

In addition, it may make sense to implement a buy-sell agreement that coordinates with your Life & Legacy Plan. A buy-sell agreement can provide liquidity to your estate while ensuring business continuity for remaining partners or loved ones who want to continue the enterprise. After discussing your goals and desires for your business after you’re gone, I’ll counsel you on whether a buy-sell agreement is a suitable option.

Finally - and I can’t stress this enough - it’s crucial to know that this alignment isn't a one-time event. As your business evolves and your estate planning needs change, both sets of documents should be regularly reviewed and updated to maintain their harmony. This is so important if you want your Life & Legacy Plan to work when you and your loved ones need it to, and that’s why when you work with me, I have systems in place to ensure your plan and business documents are reviewed on an ongoing basis.

How I Help You Protect Everything and Everyone You Love
To safeguard both your personal and professional legacy, don't settle for convenient or cheap solutions. Your business represents years of hard work, dedication, and vision—it deserves the same careful planning. When your business documents and Life & Legacy Plan work in concert, you create a seamless roadmap for your successors, minimizing conflict and maximizing the chances your business will continue to thrive.

The investment in proper planning now can save your loved ones and your business tremendous stress, expense, and heartache later. As a business owner, you want to save money and see a return on your investment. A Life & Legacy Plan is how to do that when you’re planning for the future.

Take the first step towards peace of mind for you, your loved ones, and for the business that you built. Call and schedule your Life and Legacy Planning Session today!

The Missing Will Mystery: How Zappos CEO's Estate Chaos Could Have Been Avoided

shaira@younglawnv.com (Sharia Young) — Tue, 27 May 2025 15:53:39 GMT

Tony Hsieh's cautionary tale shows why proper estate planning with regular reviews is critical, regardless of your wealth or age.

The Perils of Traditional Estate Planning

Even if the recently discovered will is deemed valid, it raises more questions than answers. According to recent news reports the will was found among the belongings of Pir Muhammad, a man suffering from Alzheimer's disease who recently passed away. Some reviewing attorneys have described the document as having "convoluted" language and an unusual structure, though we can't know the full circumstances of its creation.

The will reportedly includes a no-contest clause directed at Hsieh's family members, meaning if any of them contest the will, they would receive nothing. It also designates charitable donations to major foundations and appoints executors that include Mr. Muhammad, whom many of Hsieh's close friends and associates claim they've never heard of.

This situation highlights a critical mistake many people make: not having a comprehensive estate planning strategy that includes proper safeguards for document storage, communication with family members, regular updates, and a relationship with a trusted lawyer. While we don't know the specific circumstances of Hsieh's estate planning process, we do know that the outcome—a will surfacing years after death, held by someone unfamiliar to many close associates, and no lawyer who knew Hsieh and could speak to his wishes—created significant complications.

A will can fail you and your loved ones when it:

Isn’t part of a comprehensive estate plan;
Doesn’t guide loved ones on what to do when something happens to you;
Isn’t easily findable immediately after your death;
Wasn’t part of a system for regular reviews and updates, to catch any potential problems before they arise;
Isn’t part of a plan that references your assets, and is updated over time, as they change; and
Becomes outdated as life circumstances change, and so doesn’t work when you and your loved ones need to call on your plan.

Have you ever thought about where your important documents are stored and who knows about them? How would your loved ones know what to do if something happened to you tomorrow? And can you be sure that your loved ones wouldn’t end up in court and conflict over something you could have easily taken care of?

The Cost of Poor Planning (or No Planning)

As a result of poor planning, Hsieh's loved ones and business associates have been embroiled in legal battles for five years. The tech mogul's fortune, once estimated at over $500 million, has been subject to numerous legal claims, many based on handwritten notes or verbal agreements allegedly made during the last year of his life when reports indicate he was struggling with substance abuse and mental health issues.

Without clear documentation of his wishes through proper estate planning and without a trusted legal advisor who can speak to Hsieh’s wishes, his legacy has been partially defined by courtroom disputes rather than the innovation and community-building he championed during his life. His family has had to manage complex business holdings and real estate assets without his guidance, while defending against claims from various parties.

The financial burden of litigation is just one aspect of this tragedy. The emotional toll on family members, the time consumed by legal proceedings, and the uncertainty about honoring Hsieh's true intentions represent incalculable losses. And all of this might have been prevented with thorough and thoughtful estate planning.

How important is it to you that the people you love be spared this kind of emotional and financial burden after you're gone? What steps have you taken, if any, to ensure your wishes will be clear and legally enforceable?

Why Traditional Estate Planning Fails

Traditional estate planning, i.e., documents you either draft yourself, your financial advisor drafts for you, or you pay a transactional attorney to create, often fails you and your loved ones because the focus is on the documents themselves . Here’s what I mean.

Most people - attorneys included - think all you need to do is draft and sign a will and maybe a few other documents, like a health care directive and a power of attorney, and then you’re done. But, as we see in Hsieh’s case, that is rarely enough. The documents are a part of the estate plan, but they are not the entire estate plan. An effective estate plan, a Life & Legacy Plan, encompasses so much more information than is reflected in a will, health care directive, or power of attorney document.

A Life & Legacy Plan works by covering what happens to your assets after you die, but also things like:

Instructions on where to find your plan documents;
Guidance on how your plan works and how the documents fit together;
Instructions for the people you’ve named in your documents so they know what to do after you die;
An updated inventory of all your assets so your loved ones know exactly where to find them and how to access them;
A system for ongoing and regular reviews of your plan;
Who your loved ones can turn to for support with the legal process while they’re grieving; and
Your spoken wishes for your loved ones, including passing along your values to the next generation.
An ongoing relationship with your lawyer, who has systems and processes built into their business to get to know you over time.

These items aren’t typically covered in a will, trust, power of attorney, or health care directive, and that’s why traditional estate plans fail. Even the rich, like Hsieh, aren’t immune.

Why Life & Legacy Planning Works

As your Lawyer for Life, I use a proprietary Life & Legacy Planning process to help you create an estate plan that won’t fail you and your loved ones. The Life & Legacy Planning process was designed to ensure that your loved ones don’t go through even a tiny fraction of what the Hsieh family is dealing with now. Here’s what it includes.

A Comprehensive Asset Inventory With Regular Updates

I help you create and maintain a complete inventory of your assets—not just your financial holdings but your business interests, real estate, cryptocurrency, personal property, and even your intangible assets, like your values, insights, stories and experience, or content you’ve created. This inventory is regularly reviewed and updated to reflect changes so nothing is lost.

Regular Plan Reviews and Updates

Life changes, and your Life & Legacy Plan evolves with you. My plans include regular reviews with you to ensure your plan reflects changes in your business holdings, personal relationships, and wishes. This ongoing relationship could prevent a situation where a potentially outdated will suddenly appears years after death.

Building a Relationship of Trust

Perhaps most importantly, I build relationships with my clients AND their loved ones. Unlike the mystery surrounding Pir Muhammad and his role in Hsieh’s will, your loved ones would know exactly who I am, how to reach me, and what role I play in helping manage your affairs. This relationship extends to providing counsel during difficult times, such as incapacity or end-of-life planning.

Take Action Today
Are you ready to avoid the kind of chaos that's plagued Tony Hsieh's legacy? As your Lawyer for Life, I help you create a Life & Legacy Plan that ensures your wishes are honored, your loved ones are cared for, and your assets are preserved for the people you want, in the way you want. Schedule your complimentary Life and Legacy Planning Session today.

Beyond Remembrance: How Memorial Day Can Inspire Leaving Your Own Legacy

shaira@younglawnv.com (Sharia Young) — Tue, 20 May 2025 00:53:03 GMT

Memorial Day offers us a meaningful opportunity to consider how estate planning serves as more than just a legal formality—it's a heartfelt expression of our deepest values, a bridge connecting past, present, and future generations, and a promise to not leave a mess for the people you love.

The Deeper Meaning of Estate Planning

Life & Legacy Planning - the unique form of planning that helps you pass on not just material wealth but the richness of your lived experience and personal philosophy - ensures that your loved ones receive their inheritance from you without becoming trapped by an overburdened legal system or losing assets you worked hard to create. This is worth so much more to them than a stack of documents you create. That’s what legacy is about.

The soldiers we honor on Memorial Day understood the profound importance of legacy. Their sacrifices weren't merely for the present but for a future they would never see—a powerful reminder that our actions today ripple forward in time, shaping lives beyond our own. Their example challenges us to consider: what values and memories do we wish to preserve? How can we ensure that what matters most to us continues to influence and inspire our loved ones? How can we leave a legacy of love instead of complication and confusion?

While most of us won't leave legacies as dramatically visible as those of fallen heroes, the impact we make through thoughtful estate planning can be equally meaningful within the intimate circle of our families and communities.

Your estate plan becomes a final expression of your life's narrative—a way to communicate what you stood for, what you cherished, and what you hope lives on through those you leave behind.

Military Heirlooms and Service Records: Preserving Tangible History

For families with military connections, Memorial Day carries special significance that can directly inform your estate planning approach. Military heirlooms—medals, uniforms, letters from the battlefield, and photographs—represent more than sentimental keepsakes; they embody personal and national history deserving of careful preservation. These items tell stories of courage and sacrifice that can inspire future generations, but without proper planning, they risk being lost, damaged, or their significance forgotten.

Estate planning done right provides the mechanism to ensure these treasures receive the reverence they deserve. You might consider creating detailed inventories of military memorabilia, complete with the stories behind each item. Who earned that Purple Heart? What battles did your grandfather fight in? What was life like during wartime? These narratives transform objects into living history and should be documented alongside your formal legacy planning documents.

Service records, too, form a critical part of this legacy planning. Veterans have access to specific benefits and protections that should be incorporated into comprehensive estate planning.

More importantly, preserving service records and perhaps even recording oral histories ensures that these chapters of family history—often characterized by remarkable courage and sacrifice—aren't lost to time.

When you work with me, I can help identify the best approaches to preserving these irreplaceable elements of your family's story.

Estate Planning as a Process for Everyone

One of the most persistent misconceptions about estate planning is that it's only relevant for the wealthy or elderly. In truth, estate planning is an inclusive process relevant to everyone, regardless of age or financial status. Just as Memorial Day is a national observance that touches all Americans, estate planning is a universal need that crosses demographic boundaries.

Think about it this way: we all have values we believe in, people we love, and stuff we are leaving behind. Even if you don't own extensive property or investments, you will either leave behind clear guidance and direction or a confusing jumble of uncertainty. You get to choose by the actions you take now. For parents of young children, your estate plan must include a Kids Protection PlanⓇ to ensure your children are raised by the people you choose, according to your values.

For mid-career professionals, it might center on protecting what you've built and establishing frameworks for future growth.

For those in retirement, the emphasis might shift toward living the last years of your life as you choose, with dignity.

At every stage, estate planning serves as a vehicle for expressing what matters most to you, making wise choices about your resources and ultimately leaving the world better than you found it.

Beyond Material Assets to Leaving a Legacy
When I meet with you, I’ll help you reflect on your family dynamics and your assets, and what will happen to everything you care about if you become incapacitated or when you die. As a result, you may realize that material possessions pale in comparison to your guidance and clear communication about your wishes. This is where I introduce the Life & Legacy Recording as a powerful component of comprehensive estate planning.

As part of my Life & Legacy Planning methodology, I help you create a Life & Legacy Recording, where you directly communicate your beliefs, hopes, and life lessons to future generations.

A Life & Legacy Recording passes on your spiritual and philosophical inheritance. During the recording process, I guide you to share the stories that shaped your character, expressing forgiveness, offering advice, or articulating your hopes for how family traditions will continue.

Your Life & Legacy Recording also guides you to express the stories and sentiments behind your decisions, ensuring your loved ones understand not just what you've left them but why.

You can even explain the significance of special possessions—why that military medal, family bible, or piece of jewelry means so much and why you've chosen certain people as the next caretaker.

Similarly, I can also help you create a plan that moves beyond simply transferring assets to teaching responsible management of resources.

Your plan may include your guidance on charitable giving, sustainable practices, or family business values.

Particularly on Memorial Day, as we reflect on the ideals of service and sacrifice that our nation honors, I help you incorporate these values into your Life & Legacy Plan, creating a powerful continuity between past sacrifices and future possibilities.

From Reflection to Action: Taking the First Steps

Memorial Day serves as a poignant catalyst for action. The day's emphasis on remembrance naturally evokes thoughts about how we wish to be remembered and what legacy we hope to leave. Rather than allowing these important reflections to fade as the holiday passes, use them as motivation to begin or update your estate planning journey.

Start by contemplating the values and memories you wish to preserve. What stories do you want your grandchildren to know? What principles have guided your life? What possessions hold special meaning that might not be apparent to others without explanation? Take time to document these thoughts, even informally at first.

Next, consider the practical aspects of your legacy. Who would care for your children if necessary? How would you want healthcare decisions handled if you couldn't speak for yourself? Are there specific pieces of property—perhaps a family home, military memorabilia, or heirlooms—that require special consideration? How would your loved ones know what you have, where it is, and what to do with it? These questions form the foundation of comprehensive estate planning.

It’s Easy to Get Started

This Memorial Day, honor both those who gave all and your own legacy by taking the first step toward comprehensive Life & Legacy Planning. Contact me to begin crafting your unique legacy plan—one that will ensure your values, wisdom, and love continue to shape the lives of those who follow in your footsteps. In doing so, you create your own memorial—not of stone or bronze, but of true consideration of the people who will care for you and everything you are leaving behind, when you can no longer.

It’s easy to get started, call our office and schedule your Life and Legacy Planning Session today.

Why Business Owners Deserve More Than an Easy or Cheap Estate Plan

shaira@younglawnv.com (Sharia Young) — Mon, 12 May 2025 16:31:01 GMT

When you're a business owner, an easy or cheap estate plan can leave your business vulnerable. Learn why your business documents and estate plan must work together, and what can happen if they don’t.

Why Easy or Cheap Estate Planning Falls Short for Business Owners

The Critical Business Documents That Need Updating

When crafting your estate plan as a business owner, several key business documents require your attention:

Operating Agreements (for LLCs): These documents govern how your LLC functions and what happens when an owner dies or becomes incapacitated. They need specific provisions allowing for:

Transfer of your membership interest to your trust
Clear succession protocols following your death
Mechanisms for business continuity during transition periods
Buy-sell provisions that work alongside your estate plan

Corporate Bylaws (for Corporations): Similar to operating agreements, bylaws need provisions that align with your estate planning goals, including:

Stock transfer procedures that accommodate your estate plan
Management succession provisions
Emergency leadership protocols

Real-World Consequences of Misalignment

Let’s consider a hypothetical example that illustrates the real-world consequences that can unfold when your business isn’t properly coordinated with your estate plan.

Michael was the owner of a small manufacturing company who had a comprehensive personal estate plan but never updated his corporate bylaws after creating his plan. His estate plan directed his business interests into a trust for his children, with his brother serving as trustee until they became adults. After Michael's unexpected passing, his brother attempted to step in and manage the company as trustee. However, the corporate bylaws had no provisions recognizing trustee management. Instead, they contained outdated language giving decision-making authority to the original co-founder, who had left the business years earlier. The resulting legal confusion cost Michael’s family over $100,000 in legal fees and nearly bankrupted the business before the situation was resolved. Between the legal fees and the loss of a significant amount of business assets, Michael’s children inherited very little.

This scenario plays out more often than you might think. When personal estate plans and business governance documents aren't synchronized, the consequences can include:

Protracted legal battles among heirs and business partners
Business operations grinding to a halt during critical transition periods
Tax complications that could have been avoided
Forced liquidation of business assets at unfavorable valuations
Irreparable damage to family relationships

None of this has to happen, however, if you work with me to create a comprehensive estate plan - called a Life & Legacy Plan.

How to Create a Seamless Transition Plan

How I Help You Protect Everything and Everyone You Love

To safeguard both your personal and professional legacy, don't settle for convenient or cheap solutions. Your business represents years of hard work, dedication, and vision—it deserves the same careful planning. When your business documents and Life & Legacy Plan work in concert, you create a seamless roadmap for your successors, minimizing conflict and maximizing the chances your business will continue to thrive.

Take the first step towards peace of mind for you, your loved ones, and for the business that you built by scheduling your Life and Legacy Planning Session.

A Mother's Legacy: Estate Planning as Your Greatest Expression of Love

shaira@younglawnv.com (Sharia Young) — Tue, 06 May 2025 22:02:24 GMT

This Mother's Day, consider a gift that truly lasts forever. Estate planning isn't just about legal documents—it's one of the most profound expressions of maternal love, allowing parents to extend their care, wisdom, and protection long after they're gone.

A Mother's Care Expressed Through Legal Planning

Think about how a mother typically plans her day—ensuring lunches are packed, coordinating activities, helping with homework, and keeping track of appointments. This intricate daily choreography stems from a deep well of love and the desire to see the family thrive. Estate planning follows that same pattern of thoughtful care, just on a longer timeline.

When mom creates an estate plan, she's essentially saying, "I want to continue caring for you, even when I'm no longer physically present." It's the ultimate expression of maternal care. In my experience, I've seen many mothers recognize that planning for their children's future isn't optional—it's as essential as putting food on the table today.

The important questions arise naturally:

If I couldn’t be here for my kids, who would…

Guide the children through important life decisions?
Make healthcare choices for my children, if they couldn’t make them for themselves?
Ensure my children are educated in alignment with my values?
Maintain family bonds that the children may not be ready to maintain on their own?

These aren't just legal questions but extensions of a mother's ongoing commitment to her family.

With this understanding of why estate planning matters to mothers, let's explore the specific components that make up a comprehensive plan designed to protect and nurture loved ones.

Two Basic Components of a Mother's Estate Plan

A will is one basic component of an estate plan. For mothers, it's an opportunity to thoughtfully distribute meaningful possessions and explain the reasoning behind these choices. It might include family heirlooms passed down with intention, or collections given to children who share their mother's passions. Beyond material possessions, a will names guardians for minor children—perhaps the most crucial decision a mother can make in her estate plan. This isn't simply a legal designation but a thoughtful selection of who will continue raising children with aligned values.

A trust offers mom even more sophisticated ways to extend her care. Think of a trust as a recipe with detailed instructions—just as a mother might write down her famous recipe with specific directions. A trust provides similarly detailed guidance about how assets should be managed and distributed. For instance, a mother might establish a trust that provides funds for education with specific pro visions about how the money should be used. She might include age-based distributions, ensuring children receive increasing responsibility for their inheritance as they mature, just as she would gradually give them more independence in other aspects of life.

While these two components provide a good starting point, trusts deserve special attention for the unique protection and guidance they offer —much like a mother's watchful eye continues to guide and protect long after children leave the nest.

The Trust: A Mother's Vehicle for Long-term Care and Protection

When we think about trusts in the context of motherhood, their true value becomes even clearer. A trust isn't just a legal tool; it's a method for extending protection, guidance, and values well into the future.

Consider how a mother naturally protects her children from various threats—from checking water temperature before a toddler's bath to vetting a teenager's friends. A trust offers similar protection for a family's financial well-being. Unlike a will, which becomes public during probate, a trust keeps family matters private. It can shield assets from unnecessary taxation, protect against potential creditors, and ensure that resources aren't squandered through poor management.

For blended families, a trust becomes even more valuable. Mothers in second marriages with children from previous relationships can create trusts that provide peace of mind. These legal structures ensure that both current spouses and children from prior marriages are cared for according to their wishes. Without such planning, unintentional harm might come to loved ones because the law doesn't naturally accommodate the complexities of modern families the way a mother's heart does.

Trusts also provide extraordinary flexibility, allowing mothers to address unique family circumstances. For a child with special needs, a specially designed trust can provide financial support without jeopardizing essential government benefits. For a child who struggles with financial management, a trust can provide structured support rather than a lump sum inheritance that might be quickly depleted.

Perhaps most importantly, a properly structured trust doesn't just transfer wealth; it transfers wisdom. Through thoughtful provisions and guidance letters that accompany the trust document, mothers can share their perspectives on money management, their hopes for how assets will improve their children's lives, and their vision for the family's future. Trusts can also help pass along meaningful possessions and explain the reasoning behind these choices.

Understanding the protective power of trusts leads us naturally to consider the broader picture of how a truly effective estate plan goes beyond legal documents to capture and transmit a mother's deepest values and wisdom.

The Life & Legacy Planning Difference

While standard estate planning focuses primarily on asset distribution, mothers often want something deeper—a way to pass along values, stories, and wisdom alongside material possessions. This is where my approach as a Personal Family Lawyer® attorney becomes valuable.

The Life & Legacy Planning process that I guide clients through begins with reflection on values and goals, not just assets. Many mothers are surprised by our initial conversations, expecting to jump right into discussions about homes and investments. Instead, we start by talking about what matters most, what values they hope their children carry forward, and what life lessons they want to share. It feels less like legal planning and more like crafting motherly advice for the future.

I help create customized plans that align with unique family dynamics and parental priorities. For example, if you have a family heirloom with significant emotional value—perhaps a grandmother's recipe book or collection of letters—I can help establish a trust that specifies not just who receives these items but why they matter and how you hope they'll be treasured.

One of the most powerful aspects of working with me is the Life & Legacy Interview I record for your family. This captures your voice sharing the reasoning behind your decisions, expressing hopes for your children's futures, and telling family stories that might otherwise be lost. Many mothers find this interview to be the most meaningful part of the process, as it ensures that their children will still be able to hear their guidance and love even when they're no longer present to offer it in person.

As we reflect on the profound impact a thoughtfully created estate plan can have across generations, it becomes clear that this form of planning represents one of the most enduring gifts a mother can give.

The Mother's Day Gift That Truly Lasts

This Mother's Day, as we celebrate the incredible women who nurture and shape our lives, consider that one of the most powerful expressions of maternal love is creating a thoughtful estate plan. While flowers wilt and chocolates disappear, a comprehensive estate plan continues protecting and caring for family members for generations.

For mothers reading this, consider that estate planning is not about preparing for the end of your story but ensuring that your love and care continue to influence your family's story long after you're gone. It's about making sure that the values you've instilled, the lessons you've taught, and the love you've given continue to guide and protect your loved ones.

The process doesn't need to be overwhelming or impersonal. Working with me allows you to create an estate plan that truly reflects your unique maternal wisdom and care. I will help you craft not just legal documents but a meaningful legacy that continues your most important work—loving and protecting your family—for generations to come.

This Mother's Day, consider giving yourself and your loved ones the gift of an estate plan that continues your nurturing legacy far into the future. It may not come with a ribbon, but it's perhaps the most authentic expression of a mother's enduring love imaginable.

Take the first step towards peace of mind and schedule your Life and Legacy Planning Session today.

The Death Tax Repeal Act of 2025: What It Could Mean For You And Your Loved Ones

shaira@younglawnv.com (Sharia Young) — Mon, 28 Apr 2025 16:46:24 GMT

The Death Tax Repeal Act of 2025 could dramatically change how wealth transfers between generations, potentially eliminating the estate tax entirely. Learn what this proposed legislation might mean for you.

The Estate Tax: A Century-Old Tradition at a Crossroads

Estate taxes have been woven into the fabric of American taxation for over a century, yet they remain one of the most contentious elements of our tax system. The current estate tax applies to estates valued above a certain threshold, meaning that when someone passes away, the government may take a percentage of their assets before they reach the next generation.

Think of it this way: imagine spending decades cultivating a beautiful garden, only to have someone come in at the end and claim rights to some of your most prized plants before your children can enjoy them. That's how many families perceive the estate tax – as an additional burden during an already difficult time.

The Death Tax Repeal Act of 2025 (“DTRA”) aims to eliminate this tax entirely, which supporters argue would remove what they see as unfair double taxation. After all, these assets were typically built with income that was already taxed once during the owner's lifetime. Why, they ask, should it be taxed again simply because of death?

The potential repeal brings both opportunities and challenges that deserve careful consideration. Let's explore what this could mean from different perspectives.

Weighing the Benefits and Drawbacks for American Families

Other than one year in 2010 when the estate tax rate was zero, the federal estate tax has been as low as 10% in the first year it was introduced (1916) and as high as 77% (1941-1976). The current federal estate tax rate is 40% on assets over $13.61 million. In 2026, unless Congress acts, the exemption will drop back to around $6–7 million per person, roughly half the current amount, adjusted for inflation, and the estate tax rate on assets passed on at death above that amount will be 40%.

For people with highly appreciated or hard-to-liquidate assets (such as business owners or land owners), the repeal could represent breathing room. The estate tax can create an impossible situation: either sell portions of the business or land to pay the tax or take on massive debt to the IRS. Either way, the family legacy suffers.

Critics of the repeal point to important considerations on the other side. The estate tax generates revenue that helps fund essential government services like education, infrastructure, and social programs that benefit all Americans. If this revenue stream disappears, that funding will need to come from somewhere else – potentially from taxes that affect more middle and working-class families.

Additionally, some economists worry about the long-term effects on wealth concentration. Without an estate tax, extremely wealthy families could potentially accumulate and transfer wealth across generations with fewer limitations, possibly widening existing economic divides.

As you think about your own situation, consider this: What matters most for your loved ones’ future? Is it maximizing the assets you can pass down, or ensuring broader economic opportunities for all? There's no perfect answer, and reasonable people can disagree on the right approach.

How the Repeal Could Change Your Estate Planning Strategy

If the DTRA passes, it would dramatically change how many Americans approach their estate planning. Let's explore what this might mean for your personal strategy:

Simplified Planning for Larger Estates: For those with estates valued above the current exemption threshold, planning could become significantly simpler. Many complex strategies designed specifically to minimize estate tax exposure – like certain types of trusts, family limited partnerships, or life insurance arrangements – might become unnecessary.

Focus Shift to Income Tax Planning: Without estate taxes to worry about, the focus would likely shift to income tax planning for heirs. This means potentially more attention to basis step-up rules, timing of asset transfers, and other strategies to minimize capital gains taxes when assets are eventually sold.

More Flexibility in Charitable Giving: Many wealthy individuals currently incorporate charitable giving into their estate plans partly for tax benefits. Without estate tax incentives, charitable giving patterns might change, allowing decisions based purely on philanthropic goals rather than tax advantages.

What does this mean for you? If your estate might exceed the current exemption threshold (approximately $13.99 million for individuals or $27.98 million for married couples for 2025), now is the time to connect with me to discuss potential scenarios. Even if your estate falls below these thresholds, changing tax laws can have ripple effects on overall estate planning best practices.

Preparing for an Uncertain Future with a Life & Legacy Plan

While the DTRA represents a significant potential change, it's important to remember that tax legislation is notoriously difficult to predict. Bills can change dramatically during the legislative process, and what passes may look very different from what was initially proposed.

Given this uncertainty, how should you approach your estate planning? Here are some practical steps to consider:

Review your current estate plan with me so we can discuss how potential tax changes might affect your specific situation.
Explore "what if" scenarios. When you work with me, we'll examine the "what if " scenarios to ensure your plan remains flexible enough to adapt to various legislative outcomes.
Consider your true legacy goals beyond tax minimization. What values, assets, and lessons do you most want to pass on to future generations?
Communicate openly with loved ones who might be affected by these potential changes.

While traditional estate planning often focuses narrowly on documents and tax avoidance, my proprietary Life & Legacy Planning Process takes a more comprehensive and adaptable approach. Unlike conventional estate plans that sit in a drawer gathering dust, Life & Legacy Planning includes regular reviews to ensure your plan evolves as tax laws, your assets, and your family dynamics change. I won't just help you create documents; I'll be your trusted advisor throughout your lifetime, proactively reaching out for updates and providing education so you fully understand what will happen to your loved ones and assets if you become incapacitated and when you die. With Life & Legacy Planning, you'll have peace of mind knowing your plan will actually work when your family needs it most, regardless of how tax laws might change in the future.

How I Can Help You Move Forward with Confidence

As your Lawyer for Life, I understand how tax legislation like the DTRA can impact your loved ones’ financial future. Whether this act passes or not, having a comprehensive Life & Legacy Plan ensures your wishes are honored, your loved ones are protected, and your plan works the way you want, regardless of changing tax laws.

Don't leave your loved ones’ future to chance or uncertainty. That's why when you work with me, we’ll start with a Life & Legacy Planning Session, during which you will get more financially organized than you've ever been before and make all the best choices for the people you love. Then, together, we’ll create a plan for you that prepares your loved ones for whatever lies ahead.

10 Guardian Mistakes That Could Put Your Kids At Risk

shaira@younglawnv.com (Sharia Young) — Mon, 21 Apr 2025 16:22:41 GMT

Naming guardians in your will isn't enough to fully protect your children if something happens to you. Discover the 10 most common guardianship mistakes parents make and how a comprehensive Kids Protection Plan can provide complete peace of mind

The 10 Common Mistakes Parents Make When Choosing Guardians

1) Thinking a Will is Enough

A will is essential, but it only kicks in *after* you're gone. It doesn't cover situations like sudden illness or incapacity. You need separate guardianship documents specifically designed to address these "what if" scenarios *while you're still living*.

2) Planning Only for the Long-Term

If something were to happen to you today, who would take care of your kids *right now*? Don't just plan for the long haul – you also need to designate short-term guardians to prevent your children from being placed with strangers, even temporarily, while the authorities sort things out.

3) Not Naming a Guardian at All

This might seem unthinkable, but it happens. If you don't formally name a guardian, you're leaving one of the most important decisions of your life up to the courts. This could mean your children end up with someone you wouldn’t have chosen.

4) Overlooking Backup Guardians

Life is unpredictable. Your first-choice guardians may not always be available or able to step in. Always name multiple backup guardians to ensure there's a safety net if your primary choice is unable to serve.

5) Choosing Guardians Based on Financial Ability Alone

Money matters, but it shouldn't be the *only* factor when choosing who will raise your children. Your children's well-being depends on being raised in a loving, supportive environment aligned with your values. Consider factors like location, lifestyle, parenting philosophies, and the overall compatibility of your chosen guardians with your family.

And remember, you can always choose a separate financial guardian, or appoint a Trustee of a Trust, to specifically manage any money you leave behind for your children – this can be a separate role from their daily care.

6) Assuming Godparents are Legal Guardians

Many people use the terms "godparent" and "legal guardian" interchangeably, but they aren’t the same. Verbal agreements or informal designations hold no legal weight. To make your wishes legally binding, you need formal guardianship documents prepared by an experienced professional.

7) Not Thinking Beyond Guardianship

Guardianship isn't just about who will raise your kids – it's also about who will make important financial and healthcare decisions on their behalf. You'll need powers of attorney and other legal tools to ensure these matters are handled according to your wishes.

8) Failing to Communicate Your Wishes

Don't leave anything to chance. Clearly document your values, your parenting preferences, and any specific instructions you want your guardians to follow. This guidance will provide invaluable support as they navigate the challenges of raising your children.

9) Not Reviewing and Updating Your Plan

Life is constantly evolving. Your family dynamics change, your children grow, and laws are updated. It's vital to review and update your guardianship plan regularly to ensure it still reflects your current circumstances and wishes.

10) Naming a Couple Without a Contingency Plan

Relationships evolve. Sadly, even the most solid couples can face unexpected challenges like divorce or separation. It’s vital to think about what would happen to your children if your chosen guardians were to split up. Would one person become the sole guardian? Would they share custody? Outlining these details now can prevent future conflict and heartache.

There’s a Better Way: Create a Kids Protection Plan

A Kids Protection Plan provides comprehensive protection for your children, so you never make one of the ten mistakes and put your children at risk of being raised by someone you’d never want to raise them (or worse, ending up in the foster care system). Unlike a traditional estate plan that simply names guardians, a Kids Protection Plan creates a complete safety net that addresses both immediate and long-term care needs.

Every Kids Protection Plan I create with clients includes legal documents that ensure your children won’t be placed in the care of strangers or the foster care system, even temporarily. It provides detailed instructions for emergency responders and caregivers, identifies temporary guardians who can step in immediately, and includes medical powers of attorney so your children receive proper healthcare in your absence. Perhaps most importantly, it creates a roadmap of your values, hopes, and dreams for your children's upbringing. With a Kids Protection Plan, you're not just naming someone to take your place - you're providing them with the guidance and legal authority they need to raise your children exactly as you would want.

Ready to Protect Your Kids?

Your children are your most precious asset. Don't leave their future to chance or riddled with loopholes. With a Kids Protection Plan created Young Law Group, you can rest assured knowing that your children will always be in the most capable and loving hands, no matter what life throws your way.

Ready to take control and build that plan? Schedule you Life and Legacy Planning Session today.

The $700 Million Mistake: Why An Asset Inventory Is An Essential Part Of Your Estate Plan

shaira@younglawnv.com (Sharia Young) — Mon, 14 Apr 2025 22:11:47 GMT

James Howells accidentally threw away a hard drive containing 8,000 Bitcoin (BTC) , now worth approximately $700 million, and his decade-long struggle to recover his fortune offers vital lessons for proper estate planning in our increasingly digital world.

The Modern Challenge of Asset Tracking

While most of us won't lose hundreds of millions in cryptocurrency, many people face similar challenges on a smaller scale. Our assets (only part of which are financial) are increasingly scattered and less tangible in today's digital world.

For instance, you may have:

Cryptocurrency in various digital wallets
Digital photos and personal archives stored across multiple cloud services
Online financial accounts with different institutions
Insurance policies that are accessed through your employer’s online benefits platform
Frequent flyer miles and reward points worth thousands of dollars

How are you keeping track of these assets? Are you sure you know exactly what you have and where it is? Howells wasn’t.

Now think about this: If Howells could lose an extremely valuable asset while he’s alive, how will your loved ones know where your assets are after you’re gone? Or, how will they even know what you have? If you don’t know the answer, the ramifications can be considerable.

The Real Consequences of Poor Asset Tracking

Across the U.S., approximately $60 billion in known assets have been lost or forgotten about. Bank accounts, insurance policies, retirement funds, and other financial assets regularly become "lost" when people move, change contact information, or simply forget about accounts. And that doesn’t even count the billions or, one day, trillions of lost digital assets that aren’t yet being tracked as lost.

If you don’t have an up-to-date inventory of all your assets, here’s what’s likely to happen:

Assets may be permanently lost or forgotten
Your loved ones may never even know these resources existed
Court processes like probate become longer and more expensive
Family conflict can arise when assets are discovered later
Digital assets may become inaccessible without proper password management
Sentimental items might be discarded or lost during transitions

While it’s possible some of your assets could end up in a landfill like Howells’ BTC hard drive, what’s more likely to happen is they get turned over to the government. Each state has a Department of Unclaimed Property for this purpose. And for you or your loved ones to recover the lost asset, you have to go through a process that is time-consuming, tedious - and may even result in failure.

As a Personal Family Lawyer, I've seen families devastated not just by the financial impact of lost assets but by the emotional toll when meaningful items disappear or become inaccessible after a loved one's passing. This happens if a person has no estate plan, an outdated estate plan, or a plan that’s just a set of legal documents. There is a better way.

The Life & Legacy Planning Solution

The traditional way to do estate planning, the way most people know because they haven’t been educated, is to draft a will, financial power of attorney, health care power of attorney, and maybe a trust. Then, you “set it and forget it,” storing your documents in a drawer and never looking at them again. When “planning” is done this way, it often results in court, conflict, lost assets, and even irreparably broken relationships among those you love most.

But my proprietary Life & Legacy Planning process is completely different. I go beyond mere document drafting and create not only legal documents, but all the other facets that need to be in place for your plan to work, including a comprehensive asset inventory as a foundational element. Here are just a few highlights of the Life & Legacy Planning process:

Personal Resource Map

Right from the get-go, I help you create a detailed inventory of everything you own – from real estate and bank accounts to digital assets and family heirlooms. This comprehensive map ensures nothing is overlooked or forgotten. I believe this is so important that I’ll support you to do this whether you decide to work with me or not.

Regular Reviews and Updates

Life changes, and so do your assets. My process includes regular reviews to ensure your inventory stays current as you acquire new assets or sell existing ones.

Secure Documentation

I provide secure systems for documenting access information for your digital assets, ensuring your designated representatives can access what they need when the time comes.

Clear Communication Plan

I guide you in communicating with loved ones about what you have and where it's located, without compromising security during your lifetime. I’ll also be there for your loved ones after you’re gone, so they know what to do.

Peace of Mind in a Complex World
James Howells' story is extreme but serves as a powerful reminder that in today's complex world, knowing what you have and ensuring it's properly documented is more important than ever.

As your trusted Lawyer for Life, I don't just draft documents; I assist you in making informed and empowered decisions about life and death for yourself and the people you love. That's why I offer a Life & Legacy Planning Session, during which you will get more financially organized than you've ever been before and make all the best choices for the people you love.

Gene Hackman's Estate: A Wake-Up Call

shaira@younglawnv.com (Sharia Young) — Mon, 07 Apr 2025 16:39:59 GMT

Gene Hackman's $80 million fortune is in legal limbo after his wife died just days before he did, highlighting the estate planning crisis that countless families face, including possibly yours.

What Happened

Gene Hackman, the two-time Academy Award winner known for films like The French Connection and Unforgiven, and his wife Betsy Arakawa were recently found deceased in their Santa Fe, New Mexico home. Court documents reportedly reveal that Arakawa, 65, died on February 11 from Hantavirus pulmonary syndrome, a rare disease contracted through contact with mouse droppings. Hackman, who was 95, died a week later from natural causes related to heart disease and complications from Alzheimer's disease.

The couple's wills, both dated from 2005, show they each intended to leave their estates to one another. Hackman's will named Arakawa as the personal representative of his estate and the recipient of his "entire estate" as successor trustee of the Gene Hackman Living Trust. Similarly, Arakawa's will specified that her estate would go to the trustee of Hackman's trust if he outlived her.

Unlike many couples, who leave their assets to each other and don’t have a plan for what happens if they die together or close together, the Hackmans had contingency plans in place. Since both Hackman and Arakawa are deceased, Julia L. Peters, who was named as the second successor personal representative in Hackman's will, has taken over the duties of managing both estates. The first successor named in the wills, attorney Michael G. Sutin, is also deceased.

Court documents show that Peters, who works for a trust company, was appointed as the personal representative for both estates in March 2025. Peters filed appropriate paperwork to admit Hackman's will to probate and begin the administration process.

The Simultaneous Death Problem Most Couples Ignore

Most married couples do exactly what Hackman and Arakawa did—they name each other as the primary beneficiary on everything: wills, trusts, life insurance policies, retirement accounts, and more. But what happens if you and your spouse die together or a short time apart? Chaos, delays, and assets potentially going to unintended beneficiaries can result. Not to mention, your loved ones will almost certainly have to go to court, which is set up for conflict and can be very expensive. The best practice is to name backups, or contingent, beneficiaries so that your plan works.

Arakawa seemed to have considered this possibility in her own estate planning. Reports indicate her will contained a provision that if she and Hackman died within 90 days of each other, her assets would go to a charitable trust, as she had no children of her own.

Blended Family Considerations

If you have a blended family, things can get complicated. With Arakawa and Hackman dying within days of each other, it may be difficult to sort out who the beneficiaries are. His plan says she receives his assets, and her plan says he receives her assets. This creates a loop that needs to be sorted out. If Arakawa’s assets go to a charitable trust instead of to Hackman’s estate, Hackman’s kids may receive nothing from her estate.

Hackman's will acknowledges his three adult children from his previous marriage to Faye Maltese: Christopher Hackman, Elizabeth Hackman, and Leslie Allen. Court records show that notices regarding Peters's appointment as personal representative were sent to all three children in March 2025.

While the publicly available documents don't reveal how Hackman's assets will ultimately be distributed among beneficiaries, Peters noted in court filings that after specific bequests to "identified beneficiaries," the remainder of Hackman's trust will be "distributed in accordance with the desires of Gene Hackman as expressed in the trust document." The trust documents themselves have not been made public, which is one of many reasons you likely want a trust to govern the distribution of your assets at the time of your death.

The Life & Legacy Planning Difference

The Hackman case demonstrates several important estate planning principles that anyone, regardless of net worth, can learn from. As your Lawyer for Life, I create plans for clients using the Life & Legacy Planning process, which means your plan works when you and your loved ones need it to. All my Life & Legacy plans are comprehensive and customized to fit your particular family dynamics, your assets, and your wishes.

When you work with me, these are just a few of the strategies we can use that may make sense for you:

1. Name Contingent Beneficiaries for Everything

For every asset and in every document, we’ll name not just primary beneficiaries but also contingent beneficiaries. This includes your will, trust, life insurance, retirement accounts, transfer-on-death accounts, and any other assets with beneficiary designations. When you work with me, we start by inventorying all your assets so nothing gets missed, and all accounts that need beneficiaries are handled properly.

2. Include Simultaneous Death Provisions

If you’re married, we’ll include provisions in your will and trust that specifically address what happens if you and your spouse die simultaneously or within a short time of each other. The standard "120-hour rule" in many state laws may not be sufficient for your needs. We’ll also address what happens if any beneficiary you’ve named dies before you.

3. Create a Revocable Living Trust

A properly structured revocable living trust can provide more precise instructions for various scenarios and is often more flexible than wills are. Trusts also offer privacy, can save money on taxes, and can bypass the probate process, keeping your loved ones out of conflict and saving them time and money.

4. Include Special Provisions for Blended Families

If yours is a blended family, we will include customized strategies so your children are never accidentally disinherited.

5. Review and Update Regularly

Hackman's will was reportedly last updated nearly 20 years before his death—a dangerously long period that would put anyone’s estate plan at risk.

If you want to ensure your plan works, it must reflect your life as closely as possible when something happens to you, whether death or incapacity. Thus, it’s imperative that your plan is reviewed at least every 3 years and after any major life event such as the death of a beneficiary, marriage, divorce, or birth. Even if you haven’t had a significant life change, your assets may change - you inherit a significant sum, or instance - or the law could change. Any of these scenarios could put your plan at risk of failing.

Most attorneys will not review your plan with you regularly, and so you have to remember to update your plan on your own. Not only that, you may not even be aware that your plan needs updating! My Life & Legacy Planning process, on the other hand, includes reviews at least every 3 years. It’s built into my system for every client. This means that I take the burden off you so you don’t have to remember to review and update your plan. We can catch vulnerabilities in your plan before they become problems for your loved ones.

Your Next Step
As the Hackman case illustrates, effective estate planning isn't just about creating documents—it's about creating a comprehensive plan that anticipates any scenario, stays updated over time, and protects all the people you care about.

As your Lawyer for Life, I support you to create a Life & Legacy Plan that works when you need it to work. That’s why I start with a Life & Legacy Planning Session, where we'll discuss not just who gets what but what happens in complex situations like simultaneous deaths, incapacity, or beneficiaries who predecease you. We’ll also discuss what will work for your unique family situation, whether you're part of a blended family, have children with special needs, or face other circumstances that require specialized planning.

Don't leave your legacy to chance or create accidental disinheritances through incomplete planning. Together, we can create a plan that truly protects you and everyone you love most.

Why Reviewing Your Trust Regularly Isn't Optional -- It's Essential

shaira@younglawnv.com (Sharia Young) — Mon, 31 Mar 2025 20:34:07 GMT

Many people believe that once they've created a trust, they can simply file it away and forget about it. But just like your health needs regular check-ups, your whole estate plan (including your trust) requires periodic reviews to ensure your plan will work for your loved ones, and not fail when they need it.

Life Changes, and Your Trust Should Too

Life rarely stays the same for long. Since you created your trust, you've likely experienced changes in your personal and financial life. Each of these changes can impact how effective your trust will be in protecting your assets and providing for your loved ones.

Consider major life events like marriage, divorce, or the birth of children or grandchildren. These milestones fundamentally alter your family structure and potentially your wishes regarding who should benefit from your estate. For example, if you've recently welcomed a new grandchild, you might want to include them as a beneficiary. Or if you've gone through a divorce, you'll likely want to remove your ex-spouse from your trust.

Your financial situation evolves as well. Perhaps you've purchased new property, started a business, or received an inheritance. These assets need to be properly incorporated into your trust. Otherwise, they may end up going through probate, defeating one of the primary purposes of having a trust in the first place.

Even changes in your relationships can necessitate updates to your trust. The person you appointed as successor trustee five years ago might no longer be the best choice. Without regular reviews, your trust may not accomplish what you intend, potentially leading to conflict among your loved ones or assets being distributed in ways you never would have wanted.

Laws Change, Even When Your Wishes Don't

Even if your personal situation has remained relatively stable, the legal and tax landscape constantly evolves. These changes can significantly impact how your trust operates and its effectiveness in protecting your assets.

Tax laws, in particular, frequently change with new administrations and shifting political priorities. For instance, the Tax Cuts and Jobs Act of 2017 doubled the federal estate tax exemption, dramatically changing estate planning considerations for many families. If your trust was created before this change, it might contain provisions that are no longer necessary or beneficial under current law.

State laws governing trusts and estates also change regularly. These modifications can affect everything from how your trust is administered to the rights of beneficiaries. Without regular reviews, your trust might not take advantage of beneficial new laws or might run afoul of new requirements.

By reviewing your trust periodically, you can ensure it remains compliant with current laws and takes advantage of any new beneficial provisions. This proactive approach helps protect your assets and your loved ones from unexpected legal complications.

How Often Should You Review Your Trust?

Given the importance of keeping your trust updated, you might be wondering how frequently you should review it. While there's no one-size-fits-all answer, there are some general guidelines that can help you determine the right schedule for your situation. As a baseline, I recommend reviewing your trust every three to five years, even if you don't think anything significant has changed. This regular schedule helps ensure you don't overlook gradual changes that might have occurred in your life, your assets, or the law.

However, certain life events should trigger an immediate review, regardless of when you last updated your trust:

Marriage, divorce, or the death of a spouse
Birth or adoption of children or grandchildren
Death of a named trustee, guardian, or beneficiary
Significant changes in your financial situation
Moving to a new state, as trust laws vary by state
Major changes in tax or estate planning laws

The Consequences of an Outdated Trust Can Be Severe

Failing to review and update your trust regularly can lead to serious consequences that undermine your initial reasons for creating it. These consequences can range from financial losses to family conflicts that could have been avoided with proper planning.

One of the most significant risks is that assets you've acquired since creating your trust may not be properly funded into it. Trust funding—the process of transferring assets into your trust's ownership—is crucial for avoiding probate. If you've purchased new property, opened new accounts, or acquired valuable assets without transferring them to your trust, these items will likely go through probate despite your efforts to avoid it.

An outdated trust can also lead to unintended beneficiaries receiving your assets. If you haven't updated your trust after major life changes, your assets might go to people you no longer wish to benefit—or might not go to those you do want to include. Family conflict is another potential consequence of an outdated trust. Unclear or outdated provisions can leave your loved ones arguing over what you really intended. These disputes can damage family relationships and lead to expensive, time-consuming litigation.

Tax consequences can also arise from an outdated trust. Changes in tax laws might mean your trust no longer minimizes estate taxes effectively. Without updates to address these changes, your beneficiaries might face larger tax bills than necessary, reducing their inheritance. Finally, know that reviewing your trust doesn't always mean you'll need to make changes. Sometimes you'll find that your current trust still perfectly reflects your wishes and circumstances. Even then, the review process is valuable for refreshing your understanding of your plan and giving you peace of mind.

Don't Leave Your Family's Future to Chance

Your trust is more than just a legal document—it's a reflection of your care for your loved ones and your desire to provide for them even when you're no longer here. By reviewing your trust regularly, you demonstrate that same care and foresight. You also save your loved ones from potential confusion, conflict, and costly legal proceedings during an already difficult time.

As your Lawyer for Life, I'm here to support you in this ongoing process. I understand that reviewing legal documents isn't high on anyone's list of favorite activities, but I work to make the process as simple and painless as possible, and build it into my own service ongoing, once we are working together. Don't leave your family's future to chance. Schedule a plan review with me today and ensure the plan you've created will work exactly as you intend when your loved ones need it most.

How To Bulletproof Your Business Against Economic Uncertainty

shaira@younglawnv.com (Sharia Young) — Mon, 24 Mar 2025 19:57:46 GMT

In today's volatile market, business owners face unprecedented challenges from inflation, supply chain disruptions, and shifting consumer behaviors. Creating resilient business systems isn't just good practice—it's essential for survival.

Building a Financial Fortress

A solid financial structure is the foundation of any resilient business. Yet, many business owners make the mistake of focusing exclusively on growth before they have a solid financial system in place. To build this foundation properly, you must start with a clear picture of where you currently stand.

Start by conducting a thorough assessment of your current financial position. This includes understanding your cash flow patterns, identifying your most profitable products or services, and recognizing which expenses are truly essential. With this knowledge, you can develop a realistic budget that allows for both growth opportunities and necessary safety measures.

Cash reserves are your first line of defense against economic uncertainty. While conventional wisdom suggests having three to six months of operating expenses saved, today's unpredictable market might call for six to twelve months instead. These reserves provide a crucial buffer that allows you to navigate temporary downturns without resorting to desperate measures like excessive debt or premature staff cuts.

Diversifying your revenue streams is another critical strategy. Businesses that rely on a single product line, service, or client are inherently vulnerable. Consider expanding your offerings or entering adjacent markets to spread your risk. For example, a marketing agency might develop a subscription-based digital product alongside its consulting services.

Remember that financial resilience isn't just about having money in the bank—it's about creating systems that provide early warnings and allow for quick adjustments. When you work with me, I not only help you audit your current systems, but we’ll also conduct regular financial reviews so you can determine when it's time to pivot, pull back, take the next step towards growth, or plan for exit. With careful planning - and a trusted advisor at your side - you can make rational decisions even during stressful economic situations.

Creating Legal and Insurance Safeguards

While a strong financial system creates the foundation of your business, proper legal and insurance protections serve as the security system. Many business owners don't realize how vulnerable they are until a crisis hits, at which point it's often too late to implement the necessary protections.

Start by conducting a review of your current business structure. Is your personal wealth adequately separated from your business assets? A limited liability company (LLC) or corporation provides valuable protection, but only if you maintain proper corporate formalities and avoid commingling personal and business finances. During economic downturns, creditors become more aggressive, making these distinctions crucial for protecting your personal assets.

Next, assess your contracts and agreements. In uncertain times, clear terms and conditions become even more important. Review your client contracts, vendor agreements, lease terms, and employment documents. Look specifically for force majeure clauses, payment terms, and termination conditions. These elements become critical when economic pressures force difficult decisions.

Importantly, don’t handle legal issues on your own. Even if you’re an attorney well-versed in business law, it’s not a good use of your time, energy, and attention when you also have a business to run. Instead, let an expert evaluate your legal systems. As your LIFTed AdvisorsⓇ attorney, I can help. Read on to learn more and book a 15-minute consultation call.

In addition to having a solid legal system, you must ensure your insurance system is comprehensive. Beyond basic liability policies, consider business interruption insurance, which can provide essential income if your operations are temporarily halted. Key person insurance protects against the loss of essential team members. Cyber liability coverage becomes increasingly important as more business activities move online. Review your policies annually to ensure they still match your business reality and provide adequate coverage.

Intellectual property protection can be an overlooked asset during economic uncertainty. If your business has developed unique processes, products, or content, ensure they're properly protected through patents, trademarks, or copyrights. These assets can maintain their value even when other aspects of your business face challenges, and they may provide licensing opportunities for alternative revenue streams.

Developing Operational Resilience

With your financial foundation secured and legal and insurance protections in place, it's time to focus on operational resilience, or the ability of your business systems to adapt to changing conditions. Operational resilience isn't about avoiding all disruptions; it's about creating systems that can recover quickly and even thrive amid change.

Supply chain vulnerabilities have become glaringly obvious in recent years. Rather than focusing exclusively on cost efficiency, reconsider your supplier relationships with resilience in mind. This might mean working with multiple suppliers, keeping more inventory on hand, or prioritizing local vendors even at a slightly higher cost. The goal is to create options so that a single disruption doesn't halt your entire operation.

Technology infrastructure is another critical component of operational resilience. Cloud-based systems provide flexibility and remote access, which became invaluable during recent global disruptions. Ensure your business can function even if your physical location becomes inaccessible. This includes secure remote work capabilities, digital payment systems, and cloud-based document storage.

Workforce planning deserves special attention during uncertain times. Rather than cycling through hiring sprees and layoffs, consider building a blend of core team members supplemented by contractors or part-time staff. Cross-training employees across different functions creates valuable redundancy. Document key processes so that operations can continue even if specific team members are unavailable. And, of course, customer relationships are perhaps your most valuable asset during economic uncertainty. Maintain regular communication with your clients, understand their changing needs, and look for ways to provide additional value. Loyal customers who see you as a partner rather than just a vendor will stick with you through difficult times.

Planning for the Future While Protecting the Present

Creating a bulletproof business isn't just about defense—it's about positioning yourself to capitalize on opportunities that arise during economic shifts. The most successful businesses don't just survive downturns; they use them as launching pads for future growth.

Strategic investments during downturns can position you for outsized returns when conditions improve. While others retreat, consider whether selective investments in technology, talent, or market expansion might be possible. Companies that maintained marketing spending during previous recessions typically outperformed those that made deep cuts, gaining market share at a lower cost than during boom times.

Most importantly, maintain your perspective and focus on long-term value creation. Economic uncertainties are inevitable, but they're also temporary. The decisions you make during challenging periods will define your business for years to come. By maintaining your commitment to your core values and strategic vision even while making tactical adjustments, you build a business that can withstand any economic climate.

Finally, remember that bulletproofing your business against economic uncertainty isn't a one-time project—it's an ongoing process of assessment, planning, and adaptation. The businesses that thrive through uncertainty are those that have built resilience into their DNA, creating systems that can flex and evolve as conditions change.

The Advisor You Need In Uncertain Times

As your Lawyer for Life, I understand the challenges of navigating economic uncertainty while trying to grow your business. That's why I offer a comprehensive Business Planning Session where together, we'll analyze your current business foundations—including your financial and tax structures, legal protections, and insurance systems. Then, we'll identify vulnerabilities in your business and develop a tailored plan to strengthen your resilience while positioning you for future growth.

With my support, you can face economic uncertainty with confidence, knowing your business is built on systems designed to weather any storm. Book your Life and Legacy Planning Session today!

Till Death Do Us Part? Why Unmarried Couples Must Have An Estate Plan That Works For The People They Love

shaira@younglawnv.com (Sharia Young) — Mon, 17 Mar 2025 16:32:48 GMT

Love in the 21st century takes many forms, and for a growing number of couples, "forever" doesn't always include a marriage license. While a deeply personal choice, being unmarried adds layers of legal and financial complexity that can't be ignored, especially when it comes to protecting your assets and loved ones.

The Legal Reality for Unmarried Couples

Unlike married couples who automatically receive certain legal protections, unmarried couples must take deliberate steps to ensure their wishes are honored. In the eyes of the law, unmarried partners are essentially legal strangers, regardless of how long they've been together or how intertwined their lives may be.

This legal disconnect becomes starkly apparent in moments of crisis. If you're hospitalized, your partner may be denied visitation rights or the ability to make medical decisions on your behalf. If you pass away without proper planning, your partner could be left with nothing – not even the home you've shared for decades.

According to a recent survey by Caring.com , only 24% of Americans have a will. This omission leaves millions of Americans vulnerable to painful legal and financial complications that can compound grief with unnecessary hardship. And it’s completely avoidable.

The Unmarried Couple's Estate Planning Checklist

Here's a closer look at some key areas where unmarried couples need to be especially proactive in their estate planning:

✔ Home Sweet Home, But Whose Name is on the Deed?

Many unmarried couples purchase a home together. But without a will or living trust that clearly outlines ownership and inheritance wishes, the surviving partner might face significant challenges. Here's why:

Intestacy Laws: If you die without a will, your state's intestacy laws dictate who inherits your property. These laws typically favor spouses and blood relatives, meaning your unmarried partner will be left with limited or no rights to the home you shared.

Tax Implications: Inheritance laws for married couples often come with tax benefits that unmarried couples don't receive. The surviving partner could face a hefty estate tax bill, potentially forcing them to sell the home to cover the costs.

Title Matters: How you title your property significantly impacts what happens after death. Joint tenancy with rights of survivorship offers some protection, but this approach doesn't address other estate planning concerns and may have unintended tax consequences.

✔ Providing for Your Children

Having children together adds another layer of complexity for unmarried couples. Here's how a lack of proper estate planning can create significant hardship:

Guardianship Concerns: If one parent passes away, the surviving parent might not automatically have legal guardianship rights (especially if that person isn’t the biological parent, as is often the case with same sex couples). This could lead to legal battles with other family members or even state intervention in extreme cases.

Inheritance Complications: Without a will or trust, your children might not automatically inherit your assets as intended. Again, intestacy laws could mean your assets are divided in ways you wouldn't have chosen, potentially leaving your children with inadequate financial support.

Blended Family Challenges: If either partner has children from previous relationships, the potential for conflict multiplies. Without clear documentation, children from previous relationships may find themselves at odds with the surviving partner, creating painful family rifts during an already difficult time.

✔ Beyond the Home: Protecting All Your Assets & Minimizing Taxes

Unmarried couples often accumulate significant assets together—bank accounts, investments, retirement funds, and more. Without a plan:

Ownership Disputes Can Arise: If it's unclear who owns what, it can lead to legal battles between surviving partners and family members of the deceased.

Unnecessary Tax Burdens: Unmarried couples often miss out on tax advantages available to married couples, potentially leading to a larger tax bill for the surviving partner.

Retirement Account Complications: Retirement accounts like 401(k)s and IRAs require specific beneficiary designations. Without these, your partner may have no claim to these assets, regardless of your intentions.

✔ Healthcare Decisions and End-of-Life Care

Perhaps the most immediate concern for unmarried couples is handling medical emergencies and end-of-life decisions:

Medical Decision-Making: Without healthcare directives, your partner may have no legal right to make medical decisions on your behalf if you become incapacitated.

Hospital Visitation Rights: In some healthcare facilities, only family members are allowed to visit patients in intensive care. Without proper documentation, your partner could be denied access during critical moments.

Funeral and Burial Decisions: Legal next of kin typically make funeral arrangements. Without documentation stating your wishes, your partner may have no say in how your remains are handled, even if you've discussed your preferences extensively.

✔ Digital Assets and Modern Considerations

In our increasingly digital world, estate planning must also address digital assets:

Access to Online Accounts: From social media to cryptocurrency, digital assets must be specifically addressed in your estate plan to ensure your partner can access them.

Business Interests: If you own a business, clear succession planning is essential to prevent disruption and protect your partner's financial interests.

Pets: While many consider pets family members, the law views them as property. Specific provisions must be made to ensure your beloved pets continue to receive proper care.

Don't Leave Your Future to Chance - The Personal Family Lawyer Difference

Estate planning isn't just for the wealthy or the elderly - it's for anyone who wants to protect the people and assets they cherish most. For unmarried couples, creating a legally sound estate plan is not just a good idea - it's essential. But a traditional estate plan, DIY plan, or cheap legal plan isn’t sufficient. Instead, you need a Life & Legacy Plan.

As your Lawyer for Life, I can help you create a tailored estate plan for your life and legacy. I'll guide you to understand all the complexities and design a personalized plan that makes it all as simple as possible so that when one of you becomes incapacitated or dies, the survivor will have all the support they need without any of the mess. This includes:

Clearly Addressing Ownership of All Assets and Avoiding Probate: I'll work with you to determine the best way to handle the transfer of all jointly and separately owned assets—including your home, bank accounts, investments, retirement accounts, and personal property—in a way that minimizes tax burdens, avoids probate court, and ensures a smooth and seamless transition for your surviving partner. This means your loved ones can focus on healing and honoring your memory, not battling legal complexities.

Establishing Guardianship and Financial Provisions for Children: If you have children together or separately, I will work with you to legally designate guardians, establish trusts if needed, and ensure your children's financial well-being is protected. If you have children from previous relationships, I will take extra care to minimize or eliminate potential conflicts between your children and your surviving partner, ensuring a smoother transition and honoring your wishes.

Planning for Incapacity of Either Partner: I'll put in place powers of attorney and healthcare directives so your partner can seamlessly manage affairs and make medical decisions on your behalf if you become unable to do so yourself.

Your Next Steps for Peace of Mind

Don't wait until it's too late – take proactive steps today to protect the ones you love. Schedule a consultation with me to get started. Together, we can build a plan that provides clarity, security, and peace of mind for you and your family, no matter what the future holds.

Planning a Trip? Protect Your Children with a Kids Protection Plan

shaira@younglawnv.com (Sharia Young) — Mon, 10 Mar 2025 20:00:46 GMT

As Spring Break approaches, followed by summer, many parents are planning fun getaways with their children. However, few consider what would happen to their kids if an emergency occurred during their travels.

The Hidden Risks of Traveling Without Protection

When you're caught up in vacation planning excitement, it's easy to focus only on the fun ahead. However, traveling presents unique risks and scenarios you need to consider. If you become incapacitated in a car accident or experience any other emergency while away from home, what would happen to your children in those critical first hours or days? Without proper legal documentation, your children could be temporarily taken into the care of strangers or social services until the proper authorities can determine who has the legal authority to care for them.

This becomes even more complicated when traveling internationally. Different countries have varying laws about child custody and care in emergency situations. Without clear legal documentation designating temporary guardians, your children could face significant trauma while authorities work through bureaucratic processes to determine their care. Even domestic travel can present challenges if you're incapacitated in another state, as local authorities may not immediately recognize out-of-state guardianship arrangements without proper documentation.

Essential Components of Protection While Traveling

A comprehensive KPP, which we create for you as part of the Life & Legacy PlanningⓇ process, provides crucial legal documentation and instructions that activate immediately if something happens to you. This includes designation of temporary guardians who can care for your children until your long-term guardians can arrive, as well as detailed information about your children's medical needs, allergies, medications, and daily routines.

When you work with us to create a KPP, we include several key components that many parents overlook. First, you’ll receive ID cards that list emergency contacts that can care for your children in your absence. Second, we’ll create medical power of attorney forms that allow designated caregivers to authorize treatment for your kids if they need medical care if needed. Third, your KPP will include temporary guardianship documentation so your kids are never taken into the care of strangers, while the authorities locate the long-term guardians for your children. Finally, if there is anyone you would never want raising your children, we document that (confidentially), too.

Beyond these basics, your KPP also includes detailed information about your children's daily lives - their favorite foods, bedtime routines, fears or anxieties, and comfort items. This helps caregivers maintain normalcy during a stressful situation. You can also include passwords for electronic devices, social media accounts, and educational platforms your children might need to access.

Take Action Before You Travel

Before heading off on your Spring Break adventure, schedule time with me and we will help you think through all the potential issues that could arise so that you can make the best decisions for you and your kids. We’ll start by carefully selecting both local and long-distance temporary guardians who can respond quickly in an emergency, considering factors like their proximity to your vacation destination, their ability to travel on short notice, and their familiarity with your children's needs.

Then, we’ll support you in creating an emergency response plan that outlines exactly what should happen in various scenarios. This includes who should be contacted first, in what order, and what immediate actions they should take.

Importantly, your plan should be easily accessible to designated guardians and include clear instructions for first responders or authorities who might need to reference it in an emergency. We will help you with this, by making sure you have access to the documents you need, and ensuring your chosen guardians know exactly how to access the information and documents they need. We will also be here to support them in case of an emergency so they know exactly what to do.

Making these arrangements isn't about dwelling on worst-case scenarios – it's about creating peace of mind so you can fully enjoy your vacation. With proper protection in place, you can focus on creating wonderful memories with your children instead of worrying about "what-if" scenarios. Think of it as travel insurance for your children's wellbeing - something you hope you'll never need but will be incredibly grateful to have if an emergency arises.

Your Next Steps for Peace of Mind

As your Lawyer for Life, we support you to create a comprehensive Life & Legacy Plan that includes a Kids Protection Plan so your children are always protected, no matter where your travels take you. Take the first step today by booking a Life & Legacy Planning Session, where you’ll get educated on what will happen if you become incapacitated and when you die so you can make the very best decisions for your loved ones. From that place of empowerment, we’ll then work together to create your comprehensive Life & Legacy Plan that gives you peace of mind, knowing you’ve done all you can for the people you love most.

Protecting Your Rights: Estate Planning Strategies for Same-Sex Couples

shaira@younglawnv.com (Sharia Young) — Mon, 03 Mar 2025 21:08:39 GMT

The political landscape is shifting, and many same-sex couples are worried about what could happen if federal protections for their marriages are rolled back. You’ve worked hard to build a life together, and the last thing you need is uncertainty about whether your marriage, your assets, or your rights will be recognized in the future. While no one can predict exactly what will happen, proper estate planning gives you security, regardless of political changes.

Understanding Current Protections and Potential Changes

Same-sex marriage is currently recognized in all 50 states under federal law, protected by the Supreme Court's Obergefell decision and the Respect for Marriage Act. If you were married in states like Massachusetts or New York—early adopters of marriage equality—your marriage remains valid under those state laws regardless of federal changes.

But state-level protections vary significantly. Some states have explicit constitutional protections for same-sex marriage, while others maintain laws that could restrict marriage rights if federal protections change. Understanding your state's specific laws is crucial. For example, Massachusetts not only recognizes same-sex marriage but also provides strong protections for non-biological parents and inheritance rights.

However, federal policy shifts could affect crucial benefits far beyond basic marriage recognition. You might lose access to:

The unlimited marital deduction for federal estate taxes, which currently allows married couples to transfer unlimited assets to each other without tax implications
Spousal Social Security benefits, including survivor benefits that can provide crucial financial support
Federal retirement plan options, like tax-free rollovers for spouses and inherited IRA benefits
Certain immigration rights for non-citizen spouses, including green card eligibility and expedited citizenship
Federal employee benefits for government workers' spouses
Military benefits for service members' spouses

Additionally, moving to a state that doesn't recognize same-sex marriage could create complications with healthcare decisions, property rights, and parental rights if you have children. This uncertainty makes proper estate planning even more crucial for same-sex couples. So, to protect your loved ones from these uncertainties, let's explore the essential legal tools that can safeguard your rights and assets, regardless of marriage recognition.

Essential Components of Your Life & Legacy Plan

Before marriage equality, same-sex couples relied on legal planning to create many of the protections that marriage now provides automatically. These strategies remain potent tools today - if you have a comprehensive estate plan in place. A Life & Legacy Plan is a comprehensive plan that ensures your wishes are honored and your loved ones are protected regardless of potential legal changes. When you work with me, your Life & Legacy Plan may include:

Trust Planning: A trust allows you to control how your assets pass to your partner without relying on marriage laws. A trust also covers incapacity, so your assets will be handled smoothly by the person you want while you’re alive and after you die. This is especially important if your marriage is not recognized where you live.

A trust can also include specific provisions for:

Real estate holdings and how they should be managed
Business interests and succession planning
Investment accounts and their distribution
Personal property with sentimental value
Digital assets and cryptocurrencies

Healthcare Directive: If your marriage isn't legally recognized, a hospital may not automatically allow your spouse to make medical decisions for you. A healthcare directive can legally designate them as the person with that authority (or anyone you wish) and ensures your wishes for medical care are followed, even if a hospital or family member disagrees.

Power of Attorney: This crucial document ensures your spouse (or anyone of your choosing) can handle financial matters if you become incapacitated, even if the state doesn't recognize your marriage. It gives them legal authority to manage bank accounts, pay bills, and handle property matters on your behalf.

Beneficiary Designations: Many assets, like life insurance policies and retirement accounts, pass directly to the named beneficiary, who can be anyone you choose. Regular review and updates of these designations ensure that the person you want receives these funds without legal complications. You don’t want to rely on beneficiary designations alone, as there are risks. When you create a Life & Legacy Plan, you’ll learn about the risks and make the best decisions for you. I’ll also support you to review your plan, including beneficiary accounts, on a regular basis so you don’t accidentally leave assets to anyone you wouldn't want to receive them.

Cohabitation Agreement: If marriage laws change, a legal agreement between you and your spouse can define your financial responsibilities and property rights. This can help protect both of you, particularly if you own property together or one of you relies financially on the other. When you meet with me, we can discuss these in more detail to see if a cohabitation agreement makes sense for you.

All these components of a Life & Legacy Plan can protect you and your loved ones, but they won’t do that if you procrastinate - which is the number one reason why people fail to plan and put their loved ones at risk. So, understanding why immediate action is crucial can help motivate you to put these critical protections in place now rather than waiting until it might be too late.

Why You Shouldn't Wait to Plan

While it's tempting to take a "wait and see" approach in times of uncertainty, waiting could leave you unprotected if laws change quickly. The time to create these protections is now, while you have all options available. Waiting creates unnecessary risk and could limit your planning choices if laws change suddenly.

Even if same-sex marriage protections remain intact, Life & Legacy Planning offers benefits beyond marriage rights. It helps you avoid probate, protects your assets from unnecessary taxes, and ensures your wishes are carried out exactly as you intend. In addition to the benefits discussed above, a comprehensive plan can also help you:

Maintain privacy about your estate
Protect assets from creditors
Create legacy plans for future generations
Support charitable causes you value
Ensure your wishes are clearly documented

Creating these protections isn't just about paperwork—it's about peace of mind. You've worked hard to build a life together, and you deserve the security of knowing your relationship and assets are protected, regardless of political changes.

Laws and politics may shift, but your love and commitment remain constant. Instead of waiting to see what happens, take control of your future by securing the legal protections you and your spouse deserve. Estate planning is a powerful way to safeguard your rights, your assets, your loved ones, and your relationship, no matter what the future holds.

Take Action to Protect Your Family
Don't wait for potential legal changes to put protections in place for your loved ones. As your Lawyer for Life, I can help you create a comprehensive Life & Legacy Plan that ensures your wishes are honored and your loved ones are protected, regardless of future legal developments. Your plan will include multiple layers of protection that go beyond marriage rights, giving you peace of mind about your future.

Estate Planning During Divorce: Lessons from Shannen Doherty's Legacy

shaira@younglawnv.com (Sharia Young) — Mon, 24 Feb 2025 20:34:25 GMT

Actress Shannen Doherty's death last year highlights how critical timing can be when it comes to estate planning during divorce. Her last-minute divorce likely saved her estate millions and prevented years of legal battles.

The Power of Timing

According to reports , just one day before her death, Doherty filed for an uncontested divorce from her husband Kurt Iswarienko, who signed the agreement the following day. This eleventh-hour timing proved crucial for her estate. By finalizing the divorce, Doherty ensured her assets - including a $6 million Malibu home and future residuals from her acting career - would be distributed according to her wishes rather than being subject to community property laws.

Had the divorce not been finalized, the outcome could have been drastically different. In some states, if a person dies during an active divorce proceeding, the process either halts or is significantly altered. Without a finalized divorce agreement in a community property state like California, Iswarienko could have had a legitimate claim to significant portions of Doherty's estate, potentially leading to years of costly legal battles and family conflict.

Common Estate Planning Mistakes During Divorce

While Doherty managed to finalize her divorce just in time, many people make critical estate planning mistakes during divorce that can have lasting consequences for their families.

Here are the most common pitfalls to avoid:

Waiting Too Long to Update Beneficiary Designations. One of the biggest mistakes is assuming your divorce automatically removes your ex-spouse as a beneficiary from your accounts and insurance policies. The reality is more complicated. While some states have laws that automatically revoke ex-spouse beneficiary designations upon divorce, others don't. Moreover, federal law may override state law for certain types of accounts, like employer-sponsored retirement plans. This means your ex-spouse could still inherit your 401(k) or life insurance proceeds even after divorce if you don't actively change your beneficiaries. When you work with me to create your Life & Legacy Plan, I support you to make sure your assets go to the people you want in the way you want. That includes changing your beneficiary designations if needed.

Forgetting About Digital Assets. In today's digital world, your online presence and digital assets need consideration during divorce. Streaming service accounts, airline miles, cryptocurrency, digital photos, and social media accounts must be addressed. Many people forget to update passwords and access information or fail to specify who should inherit these digital assets. This oversight can leave your loved ones unable to access important memories, valuable assets, or necessary account information.

Neglecting Incapacity Planning. Divorce often focuses people's attention on what happens after death, but incapacity planning is equally important. Your ex-spouse may have been your healthcare proxy or had power of attorney over your financial accounts. During and after divorce, you need to designate new agents to make medical and financial decisions if you become incapacitated. Without updated incapacity planning documents, your ex-spouse might still have legal authority to make crucial decisions about your care, which you may not want.

Making Emotional Decisions. Divorce is emotionally charged, and many people make hasty decisions based on anger or hurt. For example, you might make choices that could trigger expensive legal battles after your death. As a Personal Family Lawyer, I am your trusted advisor who can help you see the impact of your decisions and support you to create a Life & Legacy Plan that aligns with your long-term goals and values.

Protecting Your Assets During Divorce

To avoid these common mistakes and protect your assets during divorce, consider these three practical steps:

Step 1: Create an Asset Inventory

Document all your assets, including property, bank accounts, retirement accounts, investments, life insurance policies, and digital assets. Note which assets are yours alone and which ones are joint assets. This inventory will help ensure nothing is overlooked during the divorce process. When you meet with me for a Life & Legacy Planning Session, I will support you with this step.

Step 2: Review and Change Beneficiary Designations

Systematically review and update beneficiary designations on all financial accounts, retirement plans, and insurance policies. Remember that beneficiary designations typically override what's written in your will or trust.

Step 3: Create a Life & Legacy Plan

When you work with me to create your comprehensive Life & Legacy Plan, you’ll know your assets will go to the people you want in the way you want and that you’ll be cared for by those you trust most if you become unable to care for yourself. You’ll also know that your beneficiary designations will be updated, your assets accounted for, and that you’re making the best decisions for the long term.

Your Next Step

As your Lawyer for Life, I help you navigate life's transitions while protecting your assets and loved ones. I don't just create estate planning documents - I provide ongoing support to ensure your plan evolves with your life changes and works when you and your loved ones need it most. Through the Life & Legacy Planning process, I will help you make informed decisions about your estate, especially during major life transitions.

The Valentine's Gift That Truly Matters

shaira@younglawnv.com (Sharia Young) — Mon, 10 Feb 2025 22:09:00 GMT

Want to give your loved ones a truly meaningful gift this Valentine's Day? Estate planning might not seem romantic, but it's one of the most profound expressions of love you can offer.

A Different Kind of Love Letter

Love isn't just about grand gestures or perfectly curated date nights. The deepest expressions of love are often found in the quiet, intentional actions we take to care for and protect the people we cherish. And while estate planning might not seem romantic at first glance, I’d argue it’s one of the most loving things you can do.

Think about it—when you create an estate plan, you’re writing a love letter that says:

"I care about you so much that I’ve taken the time to make sure that when I'm gone, you know what to do, you know how to find what I've left behind and make sure it's easy to transfer to you, and I've left you the support so you don't have to go it alone."

It means your children will be raised by the people you trust, your spouse won’t face unnecessary financial hardships, and your loved ones won’t be left to navigate legal and logistical headaches during an already difficult time.

While we often show love through gifts, dinners, and vacations (which, to be clear, I fully support), those are temporary. A Life & Legacy Plan is a lasting demonstration of your love and care—one that ensures your family is protected for years to come.

The True Cost of Putting It Off

Many people put off estate planning because… well, life gets busy. You might tell yourself you’ll get to it later—when the kids are older, when work settles down, when you have more time.

But here’s the truth:

The time you spend now creating a plan is nothing compared to the time, money, and stress your loved ones might face without one.

Without proper planning:

Your loved ones could end up stuck in lengthy court proceedings.
Family conflicts could arise over medical decisions or asset distribution.
Your children could end up in the care of someone you wouldn’t have chosen.
Your assets might not go where you intended.
And perhaps most heartbreaking of all—family relationships can suffer at a time when unity is needed most.

Estate planning isn’t just about money or documents—it’s about ensuring your family isn’t left with a mess when they need clarity and support the most.

What a Love-Based Life & Legacy Plan Includes

Not all estate plans are created equal. Some are just stacks of legal documents that don’t actually work when your family needs them. That’s not what I do.

A Life & Legacy Plan is a love-based plan that works when it matters most.

Here’s what that means:

If something happens to you, your children will be raised by the people you trust—those who share your values and will raise them the way you’d want.
Your healthcare wishes will be clearly documented, so your loved ones aren’t left making impossible decisions during emotional times.
A thorough inventory of your assets ensures nothing is lost—or worse, handed over to the government.
You’ll have an ongoing relationship with me, so I can be there for you throughout your life and for your loved ones after you’re gone.

And beyond all the practical pieces, your Life & Legacy Plan also captures something far more valuable—your wisdom, values, and life lessons.

Through a Life & Legacy Interview, I help you document your stories, your messages to your loved ones, and the wisdom you want to pass down. My clients tell me this is the most meaningful part of the process, and I have to agree.

Because in the end, what your family treasures most isn’t your money—it’s you.

The Best Time to Plan is Now
You wouldn’t put off telling your loved ones how much they mean to you. So don’t put off cleaning up the mess you’ll otherwise leave behind, now.

Creating a Life & Legacy Plan doesn’t have to be overwhelming. In fact, with the right guidance (hi, that’s me!), it can actually be an empowering, even joyful experience—one that brings you peace of mind knowing your loved ones will be cared for, no matter what. And when you work with me, I make the process easy—so easy, you’ll wonder why you didn’t do it sooner.

This Valentine’s Day, Give the Ultimate Gift of Love

This year, in addition to chocolates and flowers, consider a gift that truly matters—one that will last long after the roses fade.

A Life & Legacy Plan is one of the most powerful expressions of love you can give. It’s about making sure your loved ones are protected, provided for, and never left wondering, What do we do now ?

Take the first step toward this profound act of love—schedule your Life and Legacy Planning Session today.

Trusts and Homeowner's Insurance: What You Need To Know So You Don't Get A Claim Denied In The Future

shaira@younglawnv.com (Sharia Young) — Tue, 04 Feb 2025 22:47:07 GMT

Putting your home in a trust is a smart estate planning move, but it can create unexpected insurance complications if not handled correctly. Learn how to protect one of your most valuable assets by properly aligning your homeowner's insurance with your trust.

The Hidden Risk of Trust Ownership

When you transfer your home into a trust, you change its legal ownership structure. While you might still live in the home and act as the trustee, depending on how your trust is structured, the trust becomes the legal owner of the property. If your trust is a revocable trust, this change of title won’t impact your taxes because you are still the owner for all tax purposes, but this title change could give your homeowner’s insurance company a reason to deny your claim. And, whether that denial turns out to be valid or not, or could be contested in a court proceeding against the insurance carrier, you don’t want to have to deal with any of that.

Insurance companies base their coverage decisions on legal ownership. If there's a mismatch between the property's legal owner and the named insured on your policy, the insurer might deny your claim. Imagine discovering after a major fire that your insurance company denies your claim because your policy doesn't reflect your trust ownership. This nightmare scenario happens more often than you might think, but it's easily avoidable with proper planning.

Aligning Your Insurance with Your Trust

The solution starts with notifying your insurance company as soon as you transfer your home into a trust. Most insurance companies are familiar with trust ownership and can easily update your policy to reflect this change. They typically handle this by adding the trust as an additional insured party or including a trust endorsement on the policy.

When updating your policy, consider these key elements:

Property Coverage: Ensure the policy's replacement cost accurately reflects current building costs in your area. Construction prices have soared recently, and many policies haven't kept pace.

Liability Protection: Your policy should protect both you personally and the trust from liability claims if someone is injured on your property.

Additional Structures: Don't forget to include coverage for detached garages, workshops, or other structures on your property under the trust's ownership.

Most insurers make these updates with minimal or no additional premium costs, but the protection they provide is invaluable. This small administrative task could save you hundreds of thousands of dollars if disaster strikes.

Common Mistakes That Put Your Property at Risk

When disaster strikes, homeowners find out too late that they weren’t fully protected. But you can protect yourself if you’re aware of the most common pitfalls:

Delayed Notification: Many people wait months or even years to inform their insurance company about the trust transfer. During this gap, they're paying for insurance that might not protect them. Instead, notify your insurance company as soon as you create or update your trust.

Incorrect Trust Names: Insurance policies must list the trust's exact legal name. Even small discrepancies could cause problems during a claim. If your trust is "The Johnson Family Living Trust dated January 15, 2025," that's exactly how it should appear on your insurance policy.

Overlooking Policy Reviews: Your insurance needs will change over time. Regular reviews ensure your coverage keeps pace with your home's value and your family's needs.

Multiple Property Confusion: If you own multiple properties in trust, each property's insurance policy must correctly reflect the trust ownership. Don't assume that updating one policy covers all your properties.

Creating a Comprehensive Protection Plan

Avoiding all these pitfalls is an inherent part of my comprehensive estate planning process called Life & Legacy Planning. If you have a DIY estate plan, a plan you downloaded from a cheap legal site, or even a plan drafted by a traditional estate planning attorney, you’ll get a set of documents, sure, but you won’t get a comprehensive plan that addresses all the potential consequences that arise. That’s why my Life & Legacy Planning process includes:

A current inventory of your assets so we can look at how your property is owned and what properties could be at risk;
Regular, ongoing reviews of both your plan and insurance documents to ensure they remain synchronized. Major life events like marriages, divorces, or deaths in the family might require updates to both your trust and insurance policies;
Guidance on how to accurately and fully transfer your assets to your trust; and
Much, much more.

We Help You Protect What Matters Most

As your Lawyer for Life, I ensure your Life & Legacy Plan works as intended, including proper alignment with your insurance coverage. I'll help you avoid costly mistakes and maintain comprehensive protection for your home and family. Our process includes regular reviews to keep your plan current and effective.

Don't wait for a crisis to discover gaps in your protection. Contact me today to schedule a Life & Legacy Planning Session, where together, we'll review your current trust and insurance arrangements and ensure they work together seamlessly.

National Unclaimed Property Day: Why Estate Planning Is More Than Just Documents

shaira@younglawnv.com (Sharia Young) — Tue, 28 Jan 2025 00:12:52 GMT

Did you know there's approximately $60 billion in unclaimed property held by state governments across the US? As we approach National Unclaimed Property Day on February 1st, learn how proper estate planning can prevent your assets from becoming part of this staggering statistic.

How Assets Become "Lost"

You might wonder how billions of dollars in assets could go missing. The truth is, it happens more easily than you'd think. Think about this: you become incapacitated or die, and someone in your family (either someone you named legally or someone chosen by a judge) has the job of finding all of your assets.

Would they be able to find everything? How easy would it be for you to find everything, and you know what you earned, the accounts you set up, when you worked for that one company that set up a retirement account for you, got that insurance policy, etc.

What we see commonly when someone passes away without an updated estate plan (including a comprehensive asset inventory), is that their loved ones often have no idea what assets exist or where to find them. Those assets could eventually end up in state custody instead of going to the people you love. That money could be used to fund your children’s education, an investment in a loved one’s business, or to enhance the lives of the people you love most.

“Traditional” or “old school” estate planning often contributes to the problem. With an estate plan drafted by a financial advisor or lawyer who sells a will or trust rather than a comprehensive plan (or from a DIY tool like cheap legal or AI), you typically receive a set of documents to review and sign. You might take these documents home, put them on a shelf or in a drawer, and never look at them again. There's usually no inventory of your assets, which means that some of your assets could be lost or overlooked and end up part of that $60 billion in unclaimed property.

Why an Asset Inventory and Regular Review is Crucial

As your Lawyer for Life, I know that effective estate planning isn't a one-time event - it's a lifelong process that includes an inventory of what you have, as well as regular updates to your inventory, as well as the legal documents that go along with it. My process begins with a Life & Legacy Planning Session, where you’ll create an inventory of your assets, ensuring nothing gets overlooked or forgotten. This inventory includes not just the obvious assets like your home and bank accounts but also:

Life insurance policies
Retirement accounts from all previous employers
Investment accounts
Business interests
Valuable personal property
Intellectual property rights
Digital assets and cryptocurrency

Digital assets present a particular challenge in today's world. Cryptocurrency, online banking accounts, social media profiles, and digital business assets can be especially difficult for loved ones to track down and access without proper planning. Many people don't realize that without proper documentation and access instructions, their digital assets could become effectively lost forever, even if their family and friends know they exist.

When you work with me, I’ll also help you keep your inventory updated throughout your life. I do this by conducting regular reviews of your Life & Legacy Plan to ensure your asset inventory stays current and properly aligned with your goals, wishes, and values. This comprehensive approach helps prevent your assets from becoming lost so they can go to the people you want in the way you want.

Beyond the Financial Impact

While creating an asset inventory is crucial, my Life & Legacy Planning process goes several steps further. It's not enough to simply list what you own - you need to ensure these assets are properly titled, beneficiary designations are up to date, and your loved ones know how to access everything when the time comes. I support you with it all. I will also be there for your loved ones when you no longer can.

In addition, there’s another crucial part of planning that’s often omitted from traditional or DIY planning. It’s the realization that the value of many assets isn't financial. Family photographs stored in the cloud, emails containing important family history, and digital collections of music or art can have tremendous sentimental value. Yet without proper planning, these too can become effectively "unclaimed property" - inaccessible to the very people meant to inherit them. When these invaluable family legacies are lost, they become another kind of unclaimed property, though their value can't be measured in dollars.

Remember, proper estate planning isn't just about having the right documents - it’s about taking all the steps needed to make things as easy as possible for your loved ones. It's the greatest act of love you can give to the people you cherish most.

Your Next Step
As your Lawyer for Life, I can help you create a comprehensive Life & Legacy Plan that includes a complete asset inventory, regular reviews, and updates to ensure nothing gets lost or forgotten. I’ll also support you to create a Life & Legacy Interview so your most valuable assets - your values, traditions and love - get passed on to the people you love most. Let's work together to protect your legacy.

From Preparation to Recovery: When Disaster Strikes

shaira@younglawnv.com (Sharia Young) — Wed, 22 Jan 2025 19:49:13 GMT

When disaster strikes, time is your most precious resource. Whether it’s a wildfire, hurricane, or flood, being ready to act can make all the difference for you and your loved ones. Having a clear plan helps you stay calm and focused during emergencies.

Packing Smart When Time Is Tight

Imagine the type of emergency in which you have just 15 minutes to leave your home. What would you grab? It’s a scenario no one wants to face, but planning ahead can turn chaos into action. And, as we’re seeing with the hurricane that hit Asheville unexpectedly and the wildfires in Los Angeles, this is a scenario we all need to be ready for, and the time to plan is right now.

Start by packing a go-bag with the essentials you’d need if you had to leave in a hurry. Include chargers for your devices, as well as critical medical items like prescriptions, hearing aids, and oxygen if you or a loved one relies on them. Don’t forget your pets! Pack a leash, carrier, food, and any medication they need. Important documents such as birth certificates, passports, home insurance info, and your estate plan should go in a waterproof folder that’s easy to grab. Don’t forget a first aid kit, clothing for a few days, and enough water to get by until help arrives. Create this bag now, and keep it in a cool location in your home, ready to grab when needed. And it’s a good practice to always keep your car fueled and packed with essentials like blankets, flashlights, and non-perishable snacks.

Add a list to the bag with a reminder of the additions you’ll make on the fly. Put on the list anything you use on a regular basis that you don’t want packed away but you know you’d want to grab if you knew you’d never see it again, including things like collectibles, family jewelry, specific photos, and keepsakes. Make this list now and put it with your go bag, so you aren’t trying to think about what to grab in an emergency when you can’t think very clearly.

The key is to think ahead. Walk through your home room by room and decide what’s most important to you. Then create a checklist so you’re not scrambling when the clock is ticking. Create the checklist in an app on your phone so it’s accessible when you need it.

Staying Safe During the Emergency

When it’s time to evacuate, safety is your top priority. First, make sure everyone in your household knows the plan. Write emergency contact numbers on your forearm with a marker, especially for kids. This step could make all the difference if you get separated. Constrain pets to carriers or leashes so they’re easy to transport.

Alert a non-local emergency contact about your plans. If you have neighbors who are elderly or vulnerable, check on them and make sure they know what to do.

As you leave, take steps to protect your home. If time allows, turn off your HVAC system and gas, and unplug appliances. Close all windows, doors, and gates, and place fireproof tarps over wood piles or outdoor furniture. These small actions can make a big difference if disaster reaches your doorstep.

Remember, the most important thing is to get out safely. Do not stay behind to try to save belongings. You can replace things, but you can’t replace lives.

Recovering and Rebuilding After Disaster

Once the immediate danger has passed, the recovery process begins. The first step is finding a safe place to stay, whether it’s with family, friends, or at a shelter. Take photos of any damage to your property before you begin cleaning up—these will be crucial for insurance claims.

Organize your paperwork early. Gather receipts for repairs, hotel stays, and any other disaster-related expenses. Contact your insurance provider to start your claim and keep detailed records of all conversations.

Recovery isn’t just about financial steps; it’s about emotional healing too. Connect with others who have gone through similar experiences. Support groups and community networks can help you process your feelings and find resources you might not know are available.

Most people may not think about estate planning as a tool that can greatly simplify the recovery process and make it more easeful - but only if you create a comprehensive and customized plan using my Life & Legacy Planning process.

When you work with me to create a Life & Legacy Plan, I’ll support you to designate a trusted individual as your financial power of attorney, so they can step in to handle urgent matters like accessing bank accounts or paying bills while you focus on rebuilding. Similarly, a healthcare power of attorney ensures your medical needs are met if you’re injured or unable to make decisions. These are just two of many features that ensure your plan works when you need it to. Keep reading to learn more.

Finally, think about what you can do to prepare for the future. Rebuild with resilience in mind by using fireproof or flood-resistant materials. Restock your emergency kit and update your evacuation. Disasters can strike without warning, but every step you take now will make you stronger for the next time.

Life & Legacy Planning is Your Secret Weapon in Disaster Preparedness

Life & Legacy Planning isn’t just about passing on your wealth when you’re gone; it’s also about protecting your loved ones and ensuring your wishes are followed during your lifetime. In the context of disaster preparedness, as I mentioned above, it’s an often overlooked but essential tool.

If you have minor children, Kids Protection Planning is critical. By naming permanent and temporary guardians, you can ensure your kids are cared for by someone you trust if something happens to you - even if you aren’t able to care for them for a few days. This is especially important during chaotic and uncertain times.

A Life & Legacy Plan also helps protect your property. I can support you to create a fully funded living trust, which means your assets will bypass the court process, giving your loved ones immediate access to funds and resources they may need after a disaster. Together, we can also include provisions for rebuilding or maintaining your home in your absence.

By integrating Life & Legacy Planning into your disaster preparedness efforts, you’re not just planning for the worst—you’re building a framework for recovery and resilience. And most importantly, you’re protecting all the people you hold dear.

Moving Forward with Confidence
Disasters are unpredictable, but preparation is your best defense. By packing smart, acting swiftly, and focusing on recovery, you can protect what matters most. Life & Legacy Planning adds another layer of security, giving you peace of mind that your loved ones and assets are protected no matter what happens. Use this guide to create a plan that keeps your family safe and your mind at ease. Remember, preparation isn’t just about surviving—it’s about thriving in the face of challenges.

How We Can Help

As your Lawyer for Life, I’m here to help you prepare for and recover from disasters. When you work with me, I’ll:

Help you organize and protect crucial legal documents;
Review your insurance coverage to identify potential gaps;
Create (or update) your Life & Legacy Plan to include disaster contingencies; and
Guide you through the legal aspects of disaster recovery.

Remember, the time to prepare for a disaster is before it happens. Let me help you create a plan that protects what matters most.

4 Estate Planning Myths That Put Your Loves Ones at Risk

shaira@younglawnv.com (Sharia Young) — Mon, 13 Jan 2025 17:35:42 GMT

Surveys conducted in 2024 by Caring.com and Ameriprise Financial revealed a troubling trend: Americans are falling behind on estate planning. The Caring.com survey revealed that only 32% of Americans have a will - a 6% decline from 2023. The Ameriprise survey found that 52% of couples lack estate plans. These statistics highlight a dangerous disconnect between understanding the importance of estate planning and taking action.

Myth 1: "I don't have enough assets to need an estate plan."

This dangerously narrow thinking ignores that estate planning isn't just about financial wealth. It's about doing the right thing for the people you love so you don’t leave a mess, and about ensuring your wishes for your own care are considered if you cannot make decisions for yourself due to accident or illness.

If you haven’t created a Life & Legacy plan (the type of comprehensive planning I offer), your loved ones could face lengthy court proceedings, unnecessary taxes, and difficulty accessing financial accounts, which could have devastating consequences if bills need to be paid.

It’s also about:

Ensuring what you DO have goes to the people you want in the way you want (and stays out of the court process);
Your children being raised by people you choose;
Your wishes for your medical care are honored if you become incapacitated, or if your mind deteriorates;
Only people you trust are able to manage your finances if you can’t manage your finances yourself, and
Leaving your loved ones with your most valuable assets - your values, insights, stories, experiences and your love.

Moreover, a Life & Legacy plan can minimize conflict among your loved ones. By clearly outlining your intentions, and ideally getting my support to share your intentions with your loved ones, you significantly reduce the chances of misunderstandings or disputes, while also increasing the chances that your resources will be used to create a better future for the people you love.

Finally, an estate plan that works will save your loved ones time and money by ensuring the people who matter know what you have, where it is, how to find it, what to do with it when they do find it, and keeps them out of court and conflict.

In short, an estate plan is not a luxury reserved for the wealthy; it’s a necessity for anyone who has things that matter, and people who matter. If that’s you, and you don’t have an estate plan (or your plan could be outdated) let’s talk soon.

Myth 2: "My spouse and I trust each other completely."

Ameriprise's survey reveals 95% of couples trust each other with finances and 91% share financial values. When couples don’t plan because they trust each other to carry out each other’s wishes, they’re overlooking several essential matters.

For instance, trust between spouses doesn't prevent legal complications or avoid court. Without a Life & Legacy plan, a surviving spouse may face lengthy probate proceedings, increased tax burdens, and difficulty accessing accounts. This strain can damage relationships and deplete assets meant for heirs. Even worse, if both spouses die simultaneously, the complications can be significant, especially if the spouses have children from prior marriages, or minor children.

Another potential issue arises if the surviving spouse remarries. Without an estate plan, assets could unintentionally be passed to the new spouse instead of the people the deceased spouse loved. In some cases, children may even be accidentally disinherited, leaving them without the financial support their parent had planned to provide.

Myth 3: "Estate planning is too expensive."

Another common misconception is that estate planning is a luxury reserved for the wealthy because of its perceived high cost. The reality? Avoiding estate planning due to cost concerns can lead to far more significant time and money costs for the people you love down the road. Without a plan, your loved ones may face costly probate proceedings, unnecessary taxes, and legal disputes that can drain your estate and create additional stress for your loved ones during an already difficult time. These costs often far exceed the upfront investment of creating an estate plan.

Beyond the financial aspect, the peace of mind that comes with knowing your loved ones are protected is invaluable. A Life & Legacy plan ensures that your wishes are carried out, your loved ones are cared for, and potential conflicts are minimized. By addressing these matters proactively, you save the people you love from emotional and financial burdens, making Life & Legacy planning one of the wisest and most compassionate investments you can make, as well as the best gift you can give to the people you love.

Myth 4: "I don’t need to worry about who would raise my kids."

Many parents of minor children assume that in the event of their death, loved ones will naturally step forward to care for their children. Unfortunately, these assumptions are often misplaced. Without a Kids Protection Plan, which I support you to create, the decision about who raises your children will be left to a judge - a complete stranger to you and your children. And when a stranger makes the decision about who will raise your kids, it might not be the person you would have wanted. In some cases, the individual granted guardianship could have values, parenting styles, or circumstances entirely incompatible with how you envisioned your children being raised. Even if you have named legal guardians for your children in a prior created will, it’s likely not taken into consideration the 6 common mistakes I see consistently when people (and even their well-meaning lawyers) name legal guardians without the training I’ve had around planning for the needs of families with minor kids at home. If you have a minor child, and have named legal guardians, but want me to review your plan to see if you’ve made any of the 6 common mistakes, call my office.

Another important consideration is the financial burden imposed on your children’s chosen guardian. If you haven’t created a Life & Legacy plan, and allocated sufficient funds for your children’s care, even willing loved ones might decline guardianship, leaving the court to make an even more difficult choice.

A Life & Legacy plan alleviates the potential financial burden on your chosen guardians and ensures that your children receive the care and stability they need during an emotionally challenging time.

Take Action Now to Protect the People You Love

I've seen too many people suffer negative, yet unnecessary, consequences after a loved one dies. And if you haven't experienced it yourself, chances are you probably will. But with the proper education, beginning with correcting these dangerous myths about estate planning, I believe we can break the cycle of strife.

As your Lawyer for Life, I start with education so you are clear on what would happen to your loved ones and your assets if you become incapacitated and when you die. Then we will work together to create a plan that aligns with your values, your goals, your loved ones, and most importantly, that works when you need it to.

We call it the Life & Legacy Planning process, and once you've created your Life & Legacy plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected.

5 Essential Steps to Protect Your Loved Ones in 2025

shaira@younglawnv.com (Sharia Young) — Mon, 06 Jan 2025 23:02:50 GMT

As we enter 2025, it's time to stop pushing those thoughts aside and take action to protect the people you love most. Many people avoid estate planning because they think it will be complicated, expensive, too time-consuming, or emotionally challenging. But the truth is, not having a plan, or having an out-of-date plan, is far more costly – financially, emotionally, and time-wise – for the people you love.

Step 1: Get Financially Organized

One of the biggest challenges people face after losing a loved one is trying to piece together their financial life. Where are all the accounts? What insurance policies exist? What bills need to be paid? Without proper organization, your family could spend months or even years trying to track everything down. Worse yet, anything they don’t find will be turned over to the State Department of Unclaimed Property, where there are approximately $60 billion in lost assets nationwide.

As important as it is, financial organization isn't just about making lists – it's about creating a clear roadmap for the people who will handle your affairs when you cannot. This includes documenting all your accounts, insurance policies, important passwords, and key contacts. When your loved ones need access to this information, it should be readily available, updated, and easy to handle. This is why our Life & Legacy Planning process begins with a financial organization, and then our ongoing Life & Legacy Planning service supports you to maintain your financial organization throughout your life, so it’s handled with as much ease as possible for the people you love when something happens to you.

Step 2: Create a Lasting Message for Your Loved Ones

When someone dies, their loved ones often wish they had one more conversation, one more chance to hear their loved one's voice or read their words. That's why recording a Life & Legacy Interview is part of our planning process. It’s truly one of the most meaningful gifts you can give the people you love, and who love you.

This message isn't just about saying goodbye – it's about sharing your values, hopes, and life lessons. Think about what you want future generations to know about your life journey.

What wisdom do you want to pass down?

What family stories, or even recipes, should be preserved?

While you may think “generational wealth” is just about money, the truth is that people who are able to learn from the recorded history of past generations have true generational wealth that’s far greater and irreplaceable than any dollar ever could be.

Your words will become a treasured part of your legacy, offering comfort and guidance long after you're gone.

Step 3: Learn About Tax Planning

Many people don't realize that proper estate planning can help minimize or eliminate taxes their loved ones might otherwise have to pay. Without planning, they could lose a significant portion of their inheritance to estate taxes, income taxes, or capital gains taxes.

Strategic tax planning isn't about avoiding your obligations – it's about ensuring more of your hard-earned assets go to the people you love rather than the government. Working with a trusted advisor who understands both estate and tax law can help you identify opportunities to protect your loved ones’ financial future.

Step 4: Plan Your Final Farewell (and Your Last Days)

While it might feel uncomfortable to think about your funeral, planning and paying for it in advance is one of the most loving things you can do for the people you love. When you're gone, they will be grieving. The last thing they need is to make difficult decisions about your funeral while trying to guess what you would have wanted.

By planning ahead, you not only ensure your wishes are honored but you also protect the people you love from emotional overspending during a vulnerable time. You can choose and pay for exactly what you want, locking in today's prices and relieving your loved ones of this financial burden.

Even more importantly, consider how you want to spend your last years, months, or even days and discuss that with the people who will be responsible for your care now. This could be a conversation we can help facilitate if bringing it up or even thinking about it alone feels too challenging or if you keep putting it off. This courageous conversation is one of the best gifts you can give to the people you love.

Step 5: Create a Comprehensive Life & Legacy Plan

All these elements come together in our comprehensive Life & Legacy Planning® process, which guides you to understand the law and how it will apply to your unique situation, considering your family dynamics and assets, so you can make educated and informed choices to ensure your loved ones stay out of court and out of conflict when something happens to you. This isn't just about creating legal documents – it's about creating a plan, maintaining it, and ensuring your loved ones know who to turn to when something happens to you.

When you create a Life & Legacy Plan with me, it includes clear instructions about who gets what, who's in charge of what, and most importantly, how to find and access everything when needed. It also includes specific directives about what happens if you become incapacitated. In addition, you’ll have the opportunity to outline your memorial service, and we’ll support you to record a Life & Legacy Interview that your loved ones will cherish for the rest of their lives.

The start of a new year is the perfect time to take these essential steps to protect the people you love. Don't wait until it's too late – the greatest gift you can give your loved ones is the gift of preparation and peace of mind.

How We Help You Get Started
As your Lawyer for Life, we help you put these essential protections in place. Through our Life & Legacy Planning process, we'll guide you in creating a lasting message for your loved ones, implementing smart tax strategies, planning your final arrangements, getting your finances organized, and creating a comprehensive plan that ensures the people you love stay out of court and conflict. Most importantly, we'll help you make informed decisions that align with your values and wishes. So don’t delay! Let us help you start the new year by doing the right thing for your loved ones.

How the Incoming Trump Administration Could Affect Your Business

shaira@younglawnv.com (Sharia Young) — Mon, 30 Dec 2024 17:59:11 GMT

The incoming Trump administration promises significant changes that may impact your business in 2025 and beyond. From aggressive tariffs and immigration policies to tax cuts and deregulation, understanding what's ahead can help you position your business strategically.

Tax Changes and Financial Impact

The incoming administration has announced several major tax initiatives that could affect your bottom line. Trump has indicated plans to lower the corporate tax rate from 21% to 15% for businesses that manufacture domestically. This would create significant savings for companies that keep production in the US. However, it comes with an important caveat - businesses that offshore operations would not qualify for this reduced rate.

Other tax proposals include eliminating taxes on tips and overtime pay. While this could benefit service industry businesses by reducing wage pressure and making recruiting easier, economists warn it could lead to unintended consequences, such as businesses shifting more compensation to tips to reduce costs.

Another proposal would involve rolling back several federal support programs, including eliminating SBA direct lending programs and cutting innovation and entrepreneurial development initiatives. The result could make accessing capital more challenging for small businesses, particularly during economic downturns or natural disasters.

Tariffs, Trade and the Supply Chain

As widely reported, one of Trump's signature policies involves implementing aggressive tariffs, particularly on Chinese goods. Businesses that rely on imported materials or products may face higher costs and supply chain disruptions if that happens. Accordingly, companies may need to identify new domestic suppliers or restructure their international operations entirely.

While these policies aim to boost American manufacturing, the transition period could create significant challenges for businesses that currently depend on global supply chains. Some companies may find new opportunities in domestic manufacturing, but others will need to carefully navigate the changing trade landscape to maintain their competitiveness.

Regulatory Environment

Trump has historically favored deregulation, and businesses can expect this trend to continue. The administration is likely to roll back Biden-era environmental regulations, reduce oversight of workplace policies, and implement more business-friendly interpretations of existing regulations. Fewer restrictions may be placed on mergers and acquisitions, and compliance requirements could be simplified across various sectors.

However, this deregulation may primarily benefit larger corporations, which could create a more challenging competitive environment for small and medium-sized businesses. The impact will likely vary significantly by industry and company size.

Immigration and Labor Market Impact

The administration has been transparent about its plans to implement strict immigration policies, which could significantly impact industries traditionally relying on immigrant labor. Sectors such as agriculture, construction, hospitality, food service, and healthcare may face particular challenges as the labor pool potentially shrinks.

Beyond the immediate workforce implications, employers can expect more rigorous enforcement of immigration laws. Enforcement will likely include increased workplace audits and stricter penalties for employing undocumented workers. Businesses in affected industries should prepare for potential labor shortages and increased wage pressure as they adapt to the new environment.

What This Means for Your Business

Businesses should be proactive to navigate these changes successfully. For instance, consider reviewing your supply chain now for potential tariff exposure and identify domestic alternatives where possible. It's also wise to audit your immigration compliance procedures and documentation before enforcement increases.

You may need to evaluate your tax structure to maximize potential benefits from new policies, especially if you're involved in domestic manufacturing. If your business operates in industries traditionally relying on immigrant labor, now is the time to assess your workforce strategy and consider alternative approaches.

Regulatory compliance programs also deserve a fresh look. While federal oversight may decrease, remember that state and local regulations may continue moving in the opposite direction, particularly in traditionally Democratic states. Despite federal deregulation, you must maintain robust compliance programs if your business operates across multiple jurisdictions.

Remember that changes will take time; some may face legal challenges or require congressional approval. The key is developing flexible strategies that can adapt as policies evolve. If you need support with this, give our office a call today.

Estate Planning Meets FAFSA: Smart Strategies for Asset Ownership

shaira@younglawnv.com (Sharia Young) — Fri, 27 Dec 2024 17:45:36 GMT

When preparing for college expenses, understanding how financial aid and estate planning intersect can make a significant difference. This article will break down the essentials of how asset ownership influences aid eligibility, offer actionable strategies to increase the chances of receiving aid, and highlight estate planning tools that can protect your wealth while optimizing support for your child’s education.

FAFSA and Asset Ownership: The Basics

The FAFSA, or Free Application for Federal Student Aid, evaluates a student’s financial need based on several factors, including family income and assets. However, not all assets are created equal in the eyes of FAFSA. The way those assets are owned—whether by the parent, the student, or even a third party—can have a big impact on financial aid eligibility.

Here’s the key: FAFSA assesses up to 5.64% of parent-owned assets when calculating the Expected Family Contribution (EFC). For student-owned assets, though, that number jumps to a whopping 20%. So, keeping assets out of your student’s name increases their chances of receiving financial aid.

Put another way, parent-owned assets are less punitive than student-owned ones. Consider assets like your savings account, investments, or a 529 college savings plan. If you, the parent, own the asset, only 5.64% of its value is considered in the EFC calculation.

But if your child owns assets outright—like in a UGMA or UTMA custodial account— those accounts will be subject to a 20% assessment. For example, if your child has $10,000 in one of these accounts, FAFSA will expect $2,000 of it to go toward college costs. Ouch.

What can you do? You can’t legally change ownership of UGMA/UTMA accounts because they belong to the child. However, for future savings, consider using a 529 plan or a parent’s investment account instead.

And what about third-party-owned assets? If Grandma owns the 529 plan, FAFSA doesn’t count the asset itself, but it will count distributions as student income in the following year—and student income (as compared to student assets ) is assessed at up to 50%. If Grandma’s generous in the wrong way, that could seriously hurt your student’s financial aid package.

Estate Planning Meets FAFSA

Here’s where estate planning comes into play. By structuring your assets wisely, you can minimize their impact on financial aid. Let’s explore a few strategies:

1. Irrevocable Trusts

An irrevocable trust can be a powerful tool in estate planning and can remove assets from a person’s estate for tax purposes. However, irrevocable trusts are counted for FAFSA purposes if the student or parent is a beneficiary of an irrevocable trust. Note that the entire value of the trust should not be reported, but the beneficiary’s proportional share must be reported. In addition, if the trust distributes income to the student, that income will be assessed at up to 50%. So use irrevocable trusts with caution.

2. Retirement Accounts: Hidden Gems

Good news: FAFSA does not count assets in qualified retirement accounts like 401(k)s, IRAs, and Roth IRAs. This makes retirement savings a double win—you’re preparing for your future in a tax-advantaged manner and protecting your child’s financial aid eligibility.

Pro tip: If you have extra savings that would otherwise count on FAFSA, consider contributing to your retirement account. It’s a FAFSA-friendly way to reduce your countable assets.

3. Pay Down Debt

Another savvy move is to use liquid assets to pay down debt, such as your mortgage or student loans. FAFSA doesn’t count your home’s equity or the balance of your debts, so this strategy can reduce your reportable assets without hurting your financial position.

4. Timing Is Everything

FAFSA looks at your financial situation as of the day you file the form. That means you can time certain financial moves to optimize your aid eligibility. For instance, if you’re planning to sell an investment or receive a large bonus, try to do so after filing FAFSA to avoid inflating your assets or income for that year.

Practical Steps to Take Now
So, what can you do right now to prepare? Here are some actionable steps:

Review Your Assets: Make a list of all your family’s assets, including who owns them. Pay special attention to student-owned accounts and assets held in trusts.

Shift Savings to FAFSA-Friendly Accounts: If you’re saving for college, prioritize 529 plans owned by you, the parent. Avoid putting large sums into custodial accounts.

Create a Life & Legacy Plan: Work with me to create a comprehensive Life & Legacy Plan that may include irrevocable trusts or other strategies to protect your assets and your financial aid eligibility.

Max Out Retirement Contributions: If possible, contribute to your 401(k) or IRA to reduce your countable assets while securing your financial future.

Plan Ahead for Income Events: Be mindful of how bonuses, stock sales, or other income events could affect your FAFSA profile. If possible, defer these until after filing.

The Big Picture

Balancing estate planning and FAFSA eligibility can feel like walking a tightrope. On one hand, you want to preserve your family’s wealth and secure your child’s future. On the other, you don’t want to leave money on the table when it comes to financial aid.

By understanding how asset ownership works and taking strategic steps, you can position your family for success. Whether it’s shifting assets, leveraging trusts, or timing your financial moves, a little planning can go a long way. And when that acceptance letter arrives—along with a generous financial aid package—you’ll be glad you took the time to get it right.

How We Help

As your Lawyer for Life, we can help you create a comprehensive strategy that optimizes both education funding and wealth preservation goals. We'll work with you to structure your assets effectively and ensure your plan adapts as the law changes, your assets change, or your family dynamics change. Our approach focuses on creating clarity and consistency across all aspects of your financial planning, from education funding to legacy preservation.

Year-End Options for Giving to Charity

shaira@younglawnv.com (Sharia Young) — Mon, 16 Dec 2024 17:18:21 GMT

The desire to make a difference doesn't end when we're gone. For many people, incorporating charitable giving into their estate plan provides a way to support causes they care about while creating a lasting legacy.

Understanding Your Charitable Giving Options

When it comes to charitable giving through your estate plan, you have several options to consider. The key is finding the approach that best aligns with your values, goals, and overall estate planning strategy. Some common methods include:

Direct Bequests: The simplest way to include charity in your estate plan is through a direct bequest in your will or trust (“bequest” simply means leaving something to someone in your estate plan, whether it’s money or personal belongings). You can specify a fixed dollar amount or percentage of your estate to go to your chosen charitable organizations. This approach provides flexibility and can be easily modified if your circumstances change.

Note that for tax purposes generally, any charitable bequest (to a “qualified” charity per the IRS, typically a 501(c)(3) organization) is tax deductible and will reduce the tax liability of your estate. If you want to receive a tax deduction now, however, give an outright gift. In 2024 you can give up to $18,000 to each person or organization without having to report the gift to the IRS or pay gift tax. That number increases to $19,000 per donee in 2025.

Required Minimum Distributions with Qualified Charitable Distributions (QCDs). If you're over 70.5 (or have parents who are) and don't need your required minimum distributions (RMDs) from your retirement accounts to live on, here is a tax-saving, life-affirming strategy: Consider making a qualified charitable distribution (QCD) of your RMDs to a 501(c)(3) of your choosing before year-end, and lower your taxes, support your favorite cause or movement, and possibly kick yourself down into a lower tax bracket for your other taxable income. You can distribute up to $105,000 (2024) or $108,000 (2025) directly to a 501(c)(3) public charity of your choice.

Charitable Trusts: For those with larger estates, charitable trusts offer sophisticated ways to benefit both charity and your heirs. A charitable remainder trust can provide income to your beneficiaries for a set period, with the remaining assets going to charity. Conversely, a charitable lead trust can provide income to charity for a period, with the remainder going to your beneficiaries. Note that charitable trusts are typically used to save money on capital gains tax as part of a sale transaction.

Donor-Advised Funds: A donor-advised fund (or DAF) is a way to make charitable contributions during your lifetime to a fund that is then invested and managed by a fund manager, and as the donor, you are able to recommend grants to your favorite charities over time. When using a DAF, you can name successor advisors, enabling your children or other loved ones to continue your charitable legacy through your DAF after you're gone. Gifting to a donor-advised fund is similar to gifting to a family foundation but with minimal administrative time or energy required. On the flip-side, DAFs are often not used as intentionally as they could be. If you have a DAF, or want to set one up, let’s discuss what I mean by this so you can be sure to use yours as intentionally as possible.

Family Foundation: For families with more significant assets, and a desire to govern and control the use of those assets, while also creating a lasting legacy, the private family foundation is the way to go. With a private foundation, you control the investments, the governance, the distributions, and can use the foundation as a multi-generational educational tool for the family.

Making Your Charitable Giving More Effective

To ensure your charitable giving achieves maximum impact, consider these important factors:

Tax Implications: While tax benefits shouldn't be the primary motivation for charitable giving, proper planning can help reduce estate taxes and maximize the impact of your gifts. Certain charitable giving strategies as discussed above, can provide immediate income tax benefits during your lifetime while reducing estate taxes after your death.

Timing of Gifts: Consider whether making charitable gifts during your lifetime might be more beneficial than waiting until after your death. Lifetime giving allows you to see the impact of your generosity and may provide immediate tax benefits.

Selection of Charities: Research potential charitable recipients carefully. Look for organizations with strong track records of effectively using donations to advance their missions. Consider whether you want to support large national organizations or smaller local charities.

Involving Your Family

Charitable giving through your estate plan can do more than just support worthy causes – it can help instill philanthropic values in future generations. Consider these approaches:

Family Discussions: Talk with your family about your charitable intentions and the causes that matter to you. These conversations can help your loved ones understand your values and motivations while potentially inspiring their own charitable giving.

Collaborative Decision-Making: If you establish a donor-advised fund or family foundation, involve your children or grandchildren in grant-making decisions. This hands-on experience can help them develop their own philanthropic interests while carrying forward your legacy.

Educational Opportunities: Use your charitable giving as a teaching tool to help younger family members learn about financial responsibility, social issues, and the importance of giving back to the community.

Creating Your Charitable Giving Plan

As your Lawyer for Life, I can help you develop a comprehensive charitable giving strategy that aligns with your overall estate planning goals. I'll work with you to:

Identify the charitable causes most important to you
Select the most appropriate giving vehicles for your situation
Structure your giving to maximize tax benefits
Ensure your charitable intentions are properly documented
Create a plan for involving future generations

We'll also help you maintain flexibility in your plan, recognizing that charitable organizations and family circumstances can change over time.

While estate planning often focuses on what happens after we're gone, charitable giving allows you to start building your legacy today. By thoughtfully incorporating philanthropy into your Life & Legacy Plan, you can create positive change that extends far beyond your lifetime while potentially providing tax benefits for your loved ones.

How We Help You Create a Meaningful Legacy

As a Personal Family Lawyer® Firm, we help you create a comprehensive Life & Legacy Plan that includes charitable giving strategies aligned with your values and goals. We'll work together to ensure your philanthropic wishes are properly documented and structured for maximum impact, while keeping your family out of court and conflict. With your charitable giving plan in place, you can rest easy knowing you've created a meaningful legacy that will benefit both your loved ones and the causes you care about most.

Common Estate Planning Questions: How to Handle Your Assets Part 2

shaira@younglawnv.com (Sharia Young) — Tue, 10 Dec 2024 03:51:16 GMT

When it comes to planning for your family's future, the options can feel overwhelming. Should you get a will? Create a trust? And what happens if you do nothing at all? These aren't just academic questions - your choices today will impact your loved ones tomorrow.

Q: What is the difference between a will, living trust, and dying intestate? And what does that mean, practically speaking?

A: If you die without an estate plan, you do have a plan - it’s just the plan chosen for you by the state, and you may not like it. Almost certainly, your loved ones won’t like it because it means they’ll likely need to deal with a court process called “probate.” When you die without a will, it’s called dying “ intestate,” and it means that your assets are distributed according to state law after a process in which a judge decides who gets what. This could mean your assets would not go to the people you choose in the way you choose, and your family could face a lengthy, expensive, and public court process during an already difficult time.

A will is your basic instruction manual for what happens to your assets after you die, but it still requires your family to go through the probate process. While a will allows you to name guardians for your minor children and specify who gets what, your “executor” or “personal representative” must file the will with the court and potentially wait months or even years before receiving your assets. Plus, everything becomes public record - so anyone can look up what you owned and who got what, leaving the inheritors open to predators.

If you create a trust, your assets can be passed to the people you choose without a court process and completely privately. Think of a trust like a container that holds your assets during your lifetime and then, upon your incapacity or death, a successor trustee you’ve named can step in to handle your assets, manage your affairs, and pass your assets to your chosen beneficiaries. With a properly funded trust, your beneficiaries could receive their inheritance within weeks or months instead of months or years.

Q: Is probate always required when someone dies?

A: The necessity of probate depends largely on how your assets are titled when you die and the total value of assets that are in your personal name at the time of your death. Assets that are solely in your name with no beneficiary designation must go through probate, and the distribution must be ordered by a Judge. There are some exceptions: jointly owned property automatically passes to the surviving owner, assets with named beneficiaries (like life insurance policies and retirement accounts) go directly to those beneficiaries, and assets held in a properly funded living trust transfer according to the trust's instructions, without court involvement.

These issues can be complicated and have a huge impact on your loved ones, so it’s important to work with a trusted advisor who can help you understand your goals, and then properly structure your assets to accomplish your goals, especially if you want to keep your family out of court and out of conflict. Keep reading to find out how I can help.

Q: What if I’m uncomfortable talking about death and money?

A: While it's completely natural to want to avoid thinking about death and avoid talking about money, not planning for the reality of death or a possible incapacity before death can leave your loved ones with an expensive, time-consuming mess to clean up during what will already be an emotionally difficult time. Here's what you absolutely must know: First, if you become incapacitated or die without a plan, the court will make all the decisions about your care and your assets according to state law, not according to what you would have chosen.

Second, if you have minor children and no estate plan, the court will decide who raises your children and who takes care of the assets you leave behind, all without your input. Think about that for a moment. A judge is a complete stranger to you and your kids, yet that’s who will decide your children’s future - who makes decisions about their education, their health matters, and their financial affairs. And, then, whatever you leave behind and whatever is left after the court process goes to your children when they turn 18, without protection (i.e., they’ll be free to spend it all as quickly as they want). If that concerns you, you need a plan of your own.

Third, your family will likely have to spend significantly more time and money dealing with your affairs if you don't have a plan in place than if you had taken the time to create one. The good news is that creating a plan doesn't have to be overwhelming or uncomfortable—working with a trusted advisor who can guide you through the process step by step can actually bring you peace of mind, knowing you've taken care of the people you love.

Q: How can you minimize the stress to your family by handling these matters in the simplest way possible?

A: The best way to minimize stress for your family is to create a clear, comprehensive Life & Legacy Plan before anything happens to you. Many people think creating an estate plan will be stressful, but it's actually the lack of planning that creates the most stress for families.

When you work with me as your Personal Family Lawyer®, I make the process simple:

First, I help you get clear about what you own and what would happen to everything you own and everyone you love (including yourself) when something happens to you. Then, I support you to make informed, empowered choices about who should receive your assets, who should be in charge of carrying out your wishes, and how you want it all handled. Finally, I help ensure your plan will actually work when your family needs it by supporting you to review your plan regularly as your life changes and ensuring we maintain an updated inventory of your assets to ensure none of your assets are lost to the state due to oversight, after your death.

Beyond creating the right legal documents, I’ll support you in other ways to make things easier for your loved ones. I’ll help you document specific wishes you have for personal items with sentimental value and to have conversations with your loved ones about your choices so there are no surprises later. We’ll conduct a Life & Legacy Interview so you can pass on your values, insights, and stories - the intangible (and most important) assets that are often lost when someone dies. Most importantly, I will be there for your family when you can't be there, to guide them through the process and ensure your wishes are carried out properly. This is the power of our Life & Legacy Planning® process.

How We Help You Create Peace of Mind

As your Lawyer for Life, we understand that thinking about death and money can feel overwhelming. That's why we've created a simple, step-by-step process to help you get your affairs in order and ensure your family is protected. Our Life & Legacy Planning process goes beyond just creating legal documents - we help you make informed decisions about your family's future, keep your plan updated as your life changes, and ensure your wishes will be carried out properly when the time comes. Most importantly, we'll be there for your family when you can't be, providing the guidance and support they'll need during a difficult time. You'll gain peace of mind knowing you've done everything possible to make things easier for the people you love.

Common Estate Planning Questions: How to Handle Your Assets Part 1

shaira@younglawnv.com (Sharia Young) — Mon, 02 Dec 2024 16:42:34 GMT

Understanding how accounts are titled and who has access to them isn't just about convenience—it's about ensuring your assets transfer smoothly to your loved ones while protecting them from potential risks.

Q: What's the difference between joint ownership and transfer-on-death designation?

A: Joint ownership means both parties have full access to and ownership of a specific account or piece of real estate, while living. When one owner dies, the surviving owner automatically receives full ownership. This can be convenient but comes with risks - a joint owner can withdraw all the money at any time, and the account could be vulnerable to either joint owner’s creditors or legal judgments.

On the other hand, transfer-on-death (TOD) or payable-on-death (POD) beneficiary designations give you sole control during your lifetime. Your designated beneficiary has no access or rights to the account while you're alive but receives the assets automatically upon your death. This arrangement prevents another person from accessing your assets while you’re alive and also avoids the court process (called probate) after you die.

One important note: When you have a joint owner on your account, or a designated beneficiary, that person will receive all the funds after you die, no matter how old they are or what your family dynamics are. This can create conflict in your family or can cause someone who’s fiscally irresponsible to potentially inherit a windfall with no safeguards. Lawsuits are filed all the time by disgruntled siblings who find out that the caretaker sibling receives all the money in a parent’s account (or sole title to real estate) rather than being distributed equally among all siblings. If this is a concern to you, read on to find out how you can book a call with me to learn about your options.

Q: If I hold my property jointly, or use a TOD or POD, do I need to have a Trust?

If you use joint ownership or TOD/POD instead of a Trust, you need to consider some traps for the unwary. First, as indicated above, jointly owned property could be at risk from creditors of either party. I think of my client, granddaughter, who was titled on grandma’s bank account. When granddaughter’s husband didn’t pay the bill on the copier contract for his business, the copier company sued and got a judgment against him. Next thing you know, grandma’s account gets garnished because it was held jointly with granddaughter, and granddaughter was liable on the copier judgment.

Suppose you use a TOD or POD to avoid a scenario like that. In that case, the problem is that the TOD/POD only operates in the event of death, not incapacity, and TOD/POD could result in the wrong person ending up getting the assets or the assets ending up in probate if there is an unexpected “order of death” issue. Imagine, grandma leaves house to grandson using TOD, but grandma and grandson are in the car together when there’s an accident, and grandson dies first, with grandma dying shortly thereafter, and before she could change the TOD/POD. Who gets the property, and how? In this case, the property would have to go through probate and pass to grandma’s “next of kin” according to the state intestacy statutes. Given that grandma was leaving her property to grandson, it’s likely she didn’t want the “state’s plan” for her assets. But, that’s what she’ll end up with.

The solution is not to use joint ownership or a TOD/POD to pass title to assets at your death. Instead, set up a trust and retitle the property, and everything can be handled with ease, privately, and in our office, for the people you love.

Q: What happens to retirement accounts and life insurance policies after death?

A: These accounts pass directly to your named beneficiaries , bypassing probate and any instructions in your will, as long as you have named beneficiaries, and if you haven’t named a minor as a beneficiary This is why keeping your beneficiary designations up to date is crucial. If your beneficiary designations are outdated – listing an ex-spouse or deceased person, for example – your assets might not go where you want them to. Even worse, if you have no beneficiary listed, these accounts would go through probate, costing your loved ones unnecessary time and money. If you’ve named a minor as a beneficiary, the assets will be subject to a court process to hold the assets under court order until your minor beneficiary is “of age” - usually 18 or 21, depending on state law.

Q: Do I need an inventory of my assets?

A: Yes , and it’s critically important that you create an inventory and keep it up to date. We include this in all of our planning options because it’s one of the most important parts of the planning process, even though, surprisingly, it’s not part of most estate planning with traditional lawyers or legal insurance plans. Our process, called Life & Legacy Planning, includes an asset inventory because if you don’t inventory your assets, your family will not know what you have, how to find it, and how to get access to it as easily and affordably as possible. Lost assets end up in your state’s treasury as unclaimed property. According to the National Association of Unclaimed Property Administrators, approximately 1 in 7 people in the U.S. - or about 33 million people - have unclaimed property, totaling approximately $77 billion dollars. If you want to ensure that your assets go to the people or charities you want rather than to your state government’s unclaimed property fund, you need an asset inventory. And it must stay up to date.

Q: How often should I review my asset inventory and account designations?

A: Your inventory and beneficiary designations need to be kept up to date over time so they reflect your current circumstances when you die. My Life & Legacy Planning process includes regular, ongoing reviews of your asset inventory so no asset ever gets lost.

It’s also important to update your asset inventory and account designations whenever you experience a major life event such as:

Marriage or divorce
Birth or adoption of a child
Death of a beneficiary
Purchase or sale of significant assets
Moving to a new state
Starting a business
Retirement

When you work with me, you won’t have to remember this on your own. I’ll proactively remind you to update your inventory and beneficiary designations and help make it as easy as possible for you to take action.

Q: What's the best way to organize and store my asset information?

A: Create a clear, organized system that your loved ones can easily access if something happens to you. However, be careful about including sensitive information like passwords in your will, as it becomes public record after death. Instead, consider keeping this information in a secure location and telling your trusted family members, executor, or trust administrator how to access it. I will help you explore options for the best way to do this when we work together.

How We Help You Get Organized and Protected

As your Lawyer for Life, we help you create a comprehensive Life & Legacy Plan that includes a complete asset inventory, proper account titling, and coordinated beneficiary designations. We'll help you understand the implications of different ownership structures and guide you in making the best choices for your family's unique situation. Plus, we'll help you keep everything updated through regular reviews, ensuring your plan continues to work as intended. You’ll gain peace of mind knowing that your assets will go to the people you want in the way you want.

Lessons From Tony Bennett's Estate Battle

shaira@younglawnv.com (Sharia Young) — Mon, 25 Nov 2024 17:10:58 GMT

When legendary singer Tony Bennett passed away in July 2023, he left behind an estimated $100 million estate and, unfortunately, a family divide threatening to tarnish his legacy.

Background

A complex legal battle is unfolding in the New York Supreme Court, where Tony Bennett's daughters Johanna and Antonia have filed suit against their brother Danny, who serves as trustee of their father's estate. The lawsuit raises alarming questions about the management of Bennett's assets. While the legendary singer earned over $100 million from live performances in his final 15 years, his daughters were told the estate was valued at less than $7 million.

The dispute centers around Danny's role as both trustee and former manager. In July 2022, Danny orchestrated the sale of Bennett's memorabilia, personal property, and name and likeness rights to Iconoclast, a company specializing in legacy works. The daughters allege they were kept in the dark about which assets were included in this deal and have received only "a modest distribution." They also claim Danny received $1.2 million in loans from their father in 2020 and lifetime gifts totaling $4.2 million - more than double what Bennett's other children received.

Making matters worse, when Johanna and Antonia were finally allowed to visit their father's apartment in 2024, they discovered many of his personal belongings were either missing or declared off-limits due to the Iconoclast sale. They learned that most of their father's clothing had been donated to charity without their knowledge, despite these items being specifically bequeathed to Bennett's children in the trust. An auction of Bennett's belongings was held in April 2024, but his daughters allege they were largely "kept in the dark" about the details and had to rush to identify which items they wanted to keep.

Court filings also state that the trust was established in 1994, but we don’t know if it was ever reviewed and updated over time. We also cannot know if Mr. Bennett was ever advised about the potential disputes that could arise from naming one of his children as his sole trustee and administrator of the estate.

Why Family May Not Be the Best Choice

Like Mr. Bennett, many people select family members to administer their estate after they die. They trust family members and assume they’ll do the right thing. Or they haven’t been properly advised about the potential consequences of naming a family member as the estate administrator. However, as the Bennett lawsuit teaches, family members aren’t always the right people for the job. Here are several common issues that arise when family members serve as trustees:

Power Imbalance: Having one sibling control their siblings' inheritance creates an uncomfortable dynamic and breeds an environment of distrust.

Dual Roles: Danny's position as both trustee and former manager created a potential conflict of interest. Questions about decisions and motivations often arise when personal and professional roles overlap.

Transparency Issues: The significant discrepancy between known earnings and reported estate value raises red flags about financial transparency – a crucial element of trust administration.

Emotional Complications: Family relationships can cloud judgment and make it difficult to maintain the objectivity required of a trustee.

If you’re concerned about family conflict after you die, consult with a trusted advisor who can educate you about the potential ramifications of your decision and guide you to choose the right person—whether a family member or not. As your Lawyer for Life, my priority is helping you make the process as easy on your loved ones as possible and giving you peace of mind that you’ve done everything you can to keep your family out of court and conflict.

How to Prevent a Similar Conflict in Your Family

The primary way to prevent conflict in your family, after your incapacity or death, is to start courageous conversations with your family now. Conflict occurs when people are surprised about choices made by a loved one that are only revealed after it’s too late to gain understanding. Deep grief combined with surprise is a volatile combination. The best way to save your loved ones from this fate is to communicate often, and early. If you’ve created your plan with my office and desire me to host a family meeting, reach out and let’s get it scheduled. If you have not yet created your plan, let’s start there.

If for some reason, you do not believe you can get your loved ones on the same page, I sometimes recommend choosing a non-family member, or professional, as your Successor Trustee. A professional or corporate trustee, for instance, can provide the objective oversight needed to maintain family harmony while ensuring proper estate administration. In fact, this might have been a better choice for the Bennett family from the start.

However, if you strongly prefer having a family member serve as trustee, you can implement additional safeguards if you have an effective estate plan in place. An effective plan may include adding co-trustees or creating independent oversight mechanisms to help ensure transparency and accountability. It might mean appointing a professional advisor to review major decisions or requiring regular external audits of estate administration.

Finally, make sure your chosen trustee has access to proper professional support. Managing an estate requires complex legal and financial knowledge that most family members don't possess. That’s why my Life & Legacy Planning process has built-in mechanisms to ensure your chosen representatives will always have help from me when they need it. But ongoing support for your family is rarely a part of a typical estate plan.

Essential Elements of an Effective Estate Plan

Creating an estate plan that truly protects your family requires careful consideration. It requires guidance on how to pick the right representative for you and your loved ones. It requires proper documentation of assets, including detailed records of everything from real estate to intellectual property rights. It requires clear distribution guidelines. It also involves transparency to help maintain family trust and prevent disputes from arising.

However, if you create a DIY plan, use a cheap online service, use a financial advisor who offers estate planning services, or if you work with a traditional estate planning attorney, these elements will most likely not be in your plan. Instead, you need a comprehensive Life & Legacy Plan that will work when you need it to.

When you work with me to create a comprehensive Life & Legacy Plan, I will help you:

Choose the right trustee for your situation;
Create systems for transparent asset management;
Establish clear communication protocols;
Protect family relationships from conflicts;
Document your wishes on video or an audio file so your family understands precisely what you want;
If you have minor children, gain peace of mind knowing that they will never be taken into the care of strangers if something happens to you; and
Review and update your plan regularly to account for changes in family dynamics, assets, and life circumstances.

We cannot know whether Mr. Bennett was advised of the potential consequences of naming his son to serve as trustee, or whether he was given proper guidance on what he could have done to keep his family out of court and conflict. But when you work with me to create a Life & Legacy Plan, I’ll support you to create a plan that leaves a legacy of love and peace, not discord and strife.

How We Help You Create a Plan That Works

As your Lawyer for Life, we help you create a comprehensive Life & Legacy Plan that protects your assets and preserves family harmony. We'll help you address potential conflicts before they arise, ensure your wishes are clearly documented, create a framework for managing your assets even if you become incapacitated, and be there for your chosen representatives when you cannot be. We’ll also review your plan with you on a regular basis so your plan works when you and your family need it to.

Beyond the Turkey: How Thanksgiving Can Inspire Your Family Legacy Planning

shaira@younglawnv.com (Sharia Young) — Mon, 18 Nov 2024 17:18:23 GMT

As Thanksgiving approaches, many families are busy planning menus, coordinating travel, and preparing for the big feast. While the turkey, stuffing, and pumpkin pie are important (and delicious) traditions, this cherished holiday offers something even more valuable—a perfect opportunity to think about, discuss, and preserve your family's legacy.

The Heart of Legacy Planning: More Than Just Money

When most people think about legacy planning, they often focus solely on financial assets. But true legacy planning encompasses much more. It's about preserving your family's stories, values, traditions, and the wisdom gained through generations. After working with families to support them with their estate planning and being there at the end of life, I’ve learned that these are the things that matter most. Values, insights, stories, and experiences, plus sentimental items, are almost always more important to families than financial assets, though, of course, money matters as well.

Those moments around the Thanksgiving table, sharing old family recipes, telling stories about ancestors, or discussing what matters most to your family, are the building blocks of a meaningful legacy. The Thanksgiving holiday, with its focus on gratitude and family togetherness, provides an ideal setting to explore these deeper aspects of your legacy.

Using Holiday Gatherings to Plan for the Future

With a little planning, Thanksgiving can be a great time to discuss the future. These conversations don't have to be formal or heavy—they can emerge naturally from your holiday interactions:

Talk About Family Values: When expressing gratitude (a Thanksgiving tradition), encourage family members to share what they value most about being part of the family. These discussions can help inform how you structure your estate plan to reflect and perpetuate these values.

Discuss Family Philanthropy: If giving back is important to your family, use this time to talk about causes that matter to everyone. This can lead to meaningful discussions about charitable giving and how to incorporate it into your legacy plan.

Address Family Dynamics: Holiday gatherings often reveal family dynamics that should be considered in your estate planning. Who are the peacemakers? Who might need additional support? Understanding these dynamics can help you create a plan that promotes family harmony rather than conflict.

Bring Up Your Own Planning: If you’ve recently completed your own estate planning process, or plan to before the end of the year, or early next year, this is a great time to bring up your plans. Consider saying: “Because I want to make sure that everything is as easy as it can be for you all, if something happens to me, I’m doing/did a kind of estate planning called Life & Legacy Planning, and I’d love to share about it with you because you’ll all be impacted. Are you open to having a conversation about that, and what we all want to happen for ourselves if we become incapacitated or when we die?”

Understanding your family's values, philanthropic interests, and dynamics isn't just about having nice conversations—it's about gathering crucial information that will help you create a Life & Legacy Plan that truly serves your family and preserves harmony for generations to come.

Capturing Your Family's Story

Thanksgiving can encourage storytelling. As families gather and reminisce, precious memories and important family history often emerge. But without intentional effort to preserve these stories, they can be lost to time. Here are some ways to capture these valuable moments:

Record Your Family's Food Heritage: That special stuffing recipe from your grandmother isn't just about ingredients—it's about family history. Document not just the recipe but the story behind it. Why is it important? How has it been adapted over generations? Who taught it to whom? If your relative is still alive, consider asking them to write out the recipe with important notes. Having something in their handwriting can be very special for the younger generations.

Create a Family Interview Tradition: Designate time after dinner for family interviews. Have younger family members ask older ones about their childhood, important life lessons, or family history. Record these conversations (with permission) using your phone or video camera. It doesn’t have to be complicated.

Share Family Artifacts: Bring out old family photos, letters, or heirlooms. These physical items often spark stories and discussions about family history and values. Use these moments to explain why certain items are meaningful and what they represent in your family's journey.

My Life & Legacy Planning process includes a legacy interview, so your family’s traditions are captured. Keep reading to find out how to book a call with me to learn more.

Making Legacy Planning Part of Your Holiday Tradition

The key to successful legacy planning is making it an ongoing process, not a one-time event. Consider establishing new Thanksgiving traditions that support this goal. Here are a few ideas:

Create a Family Time Capsule: Each year, have family members contribute something meaningful to a time capsule—letters, photos, or small items that represent the year's important moments.

Start a Family Mission Statement: Work together to create and update a family mission statement that reflects your shared values and goals. This can guide both current decisions and future legacy planning.

Document Family Medical History: While families are together, take time to update your family medical history. This information is crucial for future generations and can inform healthcare decisions.

Remember that legacy planning isn't a one-time task but an ongoing journey that can be woven into your family's holiday traditions each year. By incorporating these intentional practices into every Thanksgiving gathering, you create a natural way to capture and preserve what matters most while building a stronger foundation for your family's future.

How We Help You Create a Lasting Legacy

While Thanksgiving conversations are valuable for legacy planning, they're just the beginning. To truly protect your family's legacy and ensure your wishes are carried out, you need professional guidance and support to create a comprehensive Life & Legacy Plan. Our Life & Legacy Planning process goes beyond traditional estate planning to capture not just your assets, but your values, wisdom, and family story. As your Lawyer for Life, we help ensure that the conversations you have around the Thanksgiving table become part of a lasting legacy that benefits generations to come.

Take the first step toward preserving your family's legacy. Schedule your complimentary Life & Legacy Planning Session today.

The Hidden Truth About Settling a Loved One's Estate

shaira@younglawnv.com (Sharia Young) — Mon, 11 Nov 2024 16:25:51 GMT

Being named as an executor might seem like an honor, but many people don't realize the enormous responsibility and potential headaches that come with the role.

The Unexpected Time Commitment

Most people don't realize that administering an estate isn't just a matter of reading a will and distributing assets. The process typically begins with locating and gathering all estate planning documents, which can be challenging if they aren't stored in an easily accessible place. The executor must then notify numerous institutions of the death, often requiring multiple copies of death certificates and extensive documentation. This notification process alone can take weeks or even months, as each institution has its own requirements and timeline for processing.

The time commitment becomes even more substantial when dealing with financial institutions. Each bank, investment firm, and insurance company has its own procedures for handling a deceased person's accounts. Many require original documents rather than copies, meaning executors spend countless hours making phone calls, writing letters, and visiting institutions in person. The process often involves repeated follow-ups and submission of additional documentation as requested by various institutions.

Property management, another time-consuming process, also falls to the executor. Whether it's maintaining a house until it can be sold, managing investment accounts, or dealing with personal property, these responsibilities continue throughout the entire administration process. Real estate can be particularly demanding, requiring regular maintenance, payment of utilities and property taxes, and coordination with realtors if the property needs to be sold. Add to this the requirement to file court documents, appear at hearings, and prepare final tax returns, and it becomes clear why estate administration often takes far longer than expected.

What makes this incredibly challenging is that most executors also work full-time jobs and manage their own families while trying to handle these responsibilities. Without proper guidance, the process can quickly become overwhelming, taking over evenings and weekends for months. The stress of juggling these responsibilities often leads to burnout and can affect both personal and professional life.

The Financial and Emotional Costs

Beyond the time commitment, serving as an executor often comes with unexpected financial and emotional burdens. Many executors don't realize they may need to pay for expenses out of pocket before being reimbursed by the estate. Court filing fees, property maintenance costs, professional service fees – these expenses can add up quickly, sometimes reaching thousands of dollars before any reimbursement is possible. In some cases, executors may need to hire attorneys, accountants, or other professionals to handle complex aspects of the estate, further increasing the financial burden.

The emotional toll of serving as executor often proves even more challenging than the financial aspects. Family dynamics frequently become strained during estate administration, as grief and stress can amplify existing tensions. Long-buried conflicts may resurface when it comes time to distribute personal property or interpret ambiguous instructions in estate documents. The executor often finds themselves in the difficult position of trying to maintain family harmony while fulfilling their legal obligations to the estate.

The pressure increases when executors discover complications like missing documents, incorrectly titled assets or outdated beneficiary designations. These issues often require lengthy court proceedings, during which family members may grow increasingly impatient or suspicious. Without clear documentation and proper planning, even simple estates can become sources of lasting family conflict. Managing these interpersonal dynamics while handling technical legal requirements can be extraordinarily taxing.

Digital assets also present another layer of complexity that few executors anticipate. In our increasingly online world, accessing and managing everything from email accounts to cryptocurrency can become nearly impossible without proper password documentation and legal authority. Many digital platforms have complex policies regarding account access after death, and navigating these policies without adequate preparation can lead to lost or inaccessible assets.

How a Life & Legacy Plan Makes a Difference

This is where working with a Personal Family Lawyer® Firm Leader like me makes all the difference. My Life & Legacy Planning process is explicitly designed to prevent these common challenges and make estate administration as smooth as possible for your loved ones. Rather than simply creating documents, this comprehensive approach ensures that everything your executor or trust administrator needs will be organized and accessible when the time comes. The process includes detailed documentation of your wishes, clear instructions for asset management, and specific guidance for handling digital assets.

When you create a Life & Legacy Plan with me, it will include a complete inventory of assets that's regularly updated, ensuring nothing gets overlooked or forgotten. Your plan will also provide clear instructions about how to access both physical and digital assets, eliminating the need for extensive searches or court intervention. You’ll also be supported in creating specific provisions for personal property distribution, helping prevent family conflicts before they arise. By addressing these details in advance, you significantly reduce the burden on your executor or trust administrator and minimize the potential for family disagreements.

Perhaps most importantly, working with me means your family won't have to figure things out alone. Unlike traditional estate planning, which ends when you sign your documents, our relationship continues with your family. Your executor will have professional guidance through every step of the administration process, making their job significantly easier and reducing the likelihood of costly mistakes. This ongoing support helps ensure that your wishes are carried out efficiently and that your loved ones are protected during a difficult time.

How We Help You Create a Plan That Works

As your Lawyer for Life, we understand that estate planning isn't just about creating documents – it's about making things easier for the people you love. Our Life & Legacy Planning process ensures your chosen executor or trust administrator will have the support and resources they need to handle your affairs efficiently and keep your family out of court and conflict. We'll help you create a plan that works when your family needs it most, and we'll be there to guide them through the process.

Don't leave your loved ones to navigate the complexities of estate administration alone. Book your complimentary Life & Legacy Planning Session today.

Veterans: Your Legacy is Worth Protecting

shaira@younglawnv.com (Sharia Young) — Mon, 04 Nov 2024 16:48:05 GMT

As we approach Veterans Day, we pause to honor the brave men and women who have served our nation with unwavering dedication. Your military service demonstrated a profound commitment to protecting America's future – and now it's time to protect your family's future.

Understanding Your Veterans Benefits

Your military service has earned you and your family special benefits that extend beyond your lifetime. The Department of Veterans Affairs (VA) offers several programs that can provide for your loved ones after you're gone. Your spouse may be eligible for Dependency and Indemnity Compensation (DIC), if you pass away due to a service-connected condition. Additionally, your family might qualify for burial benefits, including a free burial plot in a national cemetery, a headstone or marker, and a burial flag. To ensure your family can access these benefits, keep your discharge papers (DD Form 214) with your estate planning documents and inform your executor of their location.

You should also maintain a current list of all VA benefits you receive, as this information will be crucial for your family to continue receiving eligible benefits. When you work with me to create your Life & Legacy Plan, I will help you organize the information your family will need so they’ll know for sure they’ll receive all the benefits they are entitled to. No guessing, no extra work, and no lost benefits simply because they didn’t know what was available to them.

Creating Your Estate Planning Strategy

Life & Legacy Planning for veterans requires careful consideration of both military and civilian assets. I recommend you create a comprehensive list of your assets, including:

Military pension and retirement accounts
Life insurance policies (both military and private)
Property and real estate
Investment accounts
Personal possessions with monetary or sentimental value

When you meet with me for a Life & Legacy Planning Session, I will support you to create this inventory before we create your plan, because this inventory is incredibly important. Without an inventory, your family will not know how to find your assets and assets you care about could easily get lost, or be difficult to find.

Once you have created your inventory, we’ll meet for up to 2 hours and review your assets, your benefits, your family dynamics and your desires, values, and wishes for what you want to happen with everything you own and everyone you love, in the event of your incapacity, or eventual death. We’ll go through your asset inventory and I’ll tell you what will happen to each under your current estate plan. I’ll also tell you what will happen to your loved ones, including your minor children. Armed with this knowledge, you’ll then decide on the right plan for you, based on what’s important to you and in alignment with your budget.

Note that service members can create basic estate planning documents through the military legal assistance office at no cost. This may or may not be an adequate option for you, depending on your needs. For example, if you have minor children, you need a comprehensive plan that will keep your children from being taken into the care of strangers or raised by people you’d never want to raise them, if something happens to you. Or, if you have a blended family, no children, a business, a child with special needs, or significant assets, you need a comprehensive plan that will keep your family out of court and conflict, which a free, documents-only plan will not do. Finally, for your plan to work when you need it to, your plan needs regular reviews and updates as your life changes, your family dynamics change, and your assets change.

A free, documents-only plan is just that - documents. You won’t have a trusted advisor who has your back and will ensure your plan stays updated over time. But you get all these benefits (regular reviews, a comprehensive plan that keeps your family out of court and conflict, etc.) when you work with me and create a Life & Legacy Plan. So I encourage you to educate yourself before creating a plan based only on documents.

Working with a Trusted Advisor

While the military legal assistance office provides valuable services, you may benefit from working with an attorney who understands both veterans' benefits and estate planning, especially if you have a potentially complex situation, like a blended family, a family member with special needs, a debilitating illness, no children (yes, this is often a complex matter, not a simple one!), or many varied assets. A competent attorney can help you:

Structure your estate to maximize benefits for your survivors
Create trusts to protect assets if you need long-term care
Navigate complex VA regulations
Ensure your estate plan complies with state and federal laws
Update your plan as laws and regulations change

Watch our webinar and book your complimentary Life and Legacy Planning session for more information and guidance about what’s right for you and your loved ones.

Your service to our nation demonstrates your commitment to protecting what matters most. Now, it's time to protect your own legacy through careful estate planning. By taking these steps, you're continuing your tradition of service by ensuring your family's security and well-being. Remember that Life & Legacy Planning isn't a one-time task. It’s imperative to review your plan regularly, especially after major life changes like marriage, divorce, a birth, or significant changes in your financial situation. When you work with me, we include regular reviews to ensure your plan works when you and your loved ones need it.

You deserve the peace of mind that comes from creating a comprehensive Life & Legacy Plan. It’s one of the greatest gifts you can give your loved ones, and it's a fitting way to honor the sacrifices you've made in service to our country.

How We Help You Honor and Protect Your Legacy

Veterans have already given so much in service to our country – you shouldn't have to worry about your family facing legal challenges or missing out on earned benefits. As your Lawyer for Life, we help you create a Life & Legacy Plan that honors your military service by ensuring your loved ones stay out of court and conflict, while maximizing the benefits you've earned through your service. Once you've created your plan, you can rest easy knowing your wishes will be honored and your family will be protected with the same dedication you showed to protecting our nation.

Shelley Duvall and What We Can All Learn From Her Death

shaira@younglawnv.com (Sharia Young) — Mon, 28 Oct 2024 17:28:17 GMT

Shelley Duvall, best known for her role as Wendy Torrance in The Shining , passed away recently at the age of 75. While her acting legacy continues to captivate fans, her passing reveals some important lessons about estate planning that everyone can learn from.

The Importance of a Life & Legacy Plan

The most striking takeaway from Shelley Duvall’s situation is the importance of having an estate plan, in particular, a Life & Legacy Plan. Without one, your state decides who will inherit your property, and your loved ones must go to court to have it all figured out. Anytime you have to go to court, it can be a lengthy, stressful, and expensive process. In addition, someone else who’s a stranger to you and your loved ones (i.e., a judge) makes decisions for you and for the people you love. So, when you don’t have a Life & Legacy Plan, the distribution of your estate may not align with your wishes. In Duvall’s case, her partner of over 30 years, Dan Gilroy, is left in a position where he has to prove his right to inherit a portion of her assets.

Creating a Life & Legacy Plan ensures that your wishes are carried out after you’re gone. Whether you’re married, single, or in a long-term partnership, having a plan that clearly outlines who gets what can save your loved ones from a lot of confusion, frustration, and heartache. And contrary to what you may think, it’s especially important for those who don’t have children, as the distribution of assets can become even more complex.

In Duvall’s case, her three brothers may end up with a significant portion of her estate, which may not have been what she wanted. You can prevent these uncertainties by making a will that reflects your true intentions.

Consider Your Unmarried Partner’s Rights

Life & Legacy Planning becomes even more critical for couples like Duvall and Gilroy, who lived together for over 30 years without being legally married. Gilroy is now trying to prove that he and Duvall were, in fact, in a common-law marriage so he can claim a share of her estate.

Common-law marriage, recognized in Texas where they lived (but not in all states), requires specific legal standards to be met. Gilroy must prove they agreed to be married, lived together as a married couple, and presented themselves as husband and wife to others. Without this proof, Gilroy may receive little to nothing from Duvall’s estate. I can’t imagine this is what Duvall wanted.

If you’re in a long-term relationship but not legally married, you should think carefully about what might happen to your assets when you pass away. When you work with me, I’ll help you make choices that are right for you. Then, together, we’ll create a Life & Legacy Plan that reflects your wishes. If you’re unmarried but have a partner you’d like to inherit your assets, we’ll make sure to create a plan that documents your relationship and makes it easier to prove if needed. In Duvall’s case, a Life & Legacy Plan would have simplified the legal process for Gilroy.

Address Mental Health and Capacity in Your Planning

Another issue that may come up in Duvall’s estate battle is her mental health. In the years leading up to her death, there was public speculation about her mental state, including a controversial interview with Dr. Phil in 2016, where she displayed erratic behavior. This may raise questions in court about whether she had the capacity to fully understand legal agreements, such as marriage, or whether Duvall had the legal capacity to make the decisions that might come with estate planning. This could be a reason she didn’t have a plan of her own.

If you or someone you love is struggling with mental health challenges, it’s essential to plan early while mental capacity is clear, and can be documented as part of the planning process. This can prevent future disputes about whether a person was capable of making informed decisions. By working with me and creating a Life & Legacy Plan that reflects your wishes, you can help ensure that your estate is handled according to your desires, regardless of future health issues. Duvall’s case reminds us that waiting too long to address estate planning can lead to complications that leave loved ones vulnerable to long legal battles and uncertainty.

Don’t Leave Your Loved Ones in a Bind

Shelley Duvall’s passing highlights several important lessons you can apply to your own life. Whether or not you’re a celebrity or have a large estate, it’s crucial to have a plan in place that protects your assets and provides for the people you care about most. By creating a Life & Legacy Plan, considering the rights of an unmarried partner, and addressing potential mental health issues early, you can make sure your wishes are respected after you’re gone. And the best time to protect your loved ones is now.

As your Layer for Life, we help you create a comprehensive Life & Legacy Plan that ensures your assets are distributed according to your wishes and your loved ones are cared for—whether you’re married, in a long-term relationship, or navigating unique mental health concerns. With your plan in place, you can rest easy knowing that your legacy will be preserved and your family will stay out of court and conflict.

Common Estate Planning Myths Debunked

shaira@younglawnv.com (Sharia Young) — Mon, 21 Oct 2024 18:23:46 GMT

Many people don’t really understand what estate planning is - even attorneys sometimes don’t really understand it. So, I’ll take this opportunity to set the record straight and debunk some common myths, then explore why you need an estate plan, and how to get the right one, at the right price.

Myth 1: Estate Planning is Only for the Wealthy

One of the most persistent myths about estate planning is that it's only necessary if you have significant wealth or valuable assets. This couldn't be further from the truth. Estate planning isn't about the size of your estate; it's about making sure that when something happens to you - as it will - the people you love aren’t left with a big mess to deal with. Consider this: Do you have a bank account? A car? Personal belongings with sentimental value? A life insurance policy? If you answered yes to any of these, you have an estate. But even more importantly, do you have people you care about? Family members who depend on you? Or people you love who are going to be stuck dealing with your mess, if you don’t take care of these things while you can. If so, you need an estate plan.

Estate planning isn't just about distributing assets. It's about making important decisions that will affect your loved ones. For instance:

Who will take care of your minor children if something happens to you? And, how will they take care of them?
Who will make medical decisions on your behalf if you're incapacitated? And, how will they make those decisions?
Who will manage your digital assets, like email, social media accounts or cryptocurrency?
Who will make sure your bills get paid?

These questions apply to everyone, regardless of their net worth. By creating an estate plan, you're not flaunting wealth; you're taking responsibility for your life and the people you care about. After all, someone will have to deal with these things. It’s unavoidable. You can do it now and make it easy on your loved ones (and have more control over outcomes), or you can procrastinate it or avoid it altogether, and leave the people you love with a complicated and expensive mess to clean up, if you become incapacitated or after you die.

Myth 2: Estate Planning is Complicated and Expensive

Another common misconception is that estate planning is an overly complex and costly process. While it's true that estate planning involves legal documents and careful consideration, it doesn't have to be overwhelming or break the bank. In fact, we promise to make it as easy as possible for you, at the right budget based on your family dynamics, assets, and needs.

The complexity and cost of your estate plan will depend on your specific situation and goals. Our Life & Legacy Planning process is specifically designed to start with getting you educated and organized, so we can support you to choose the right plan for you and your loved ones.

You can either start with one of our educational presentations or a 15-minute call with our office. From there, we guide you through a Planning Session that will have you relieved at how educated you are. We often hear afterwards, “wow, if I knew I would feel this great after our Session, I would have done this much sooner. I didn’t know working with a lawyer could feel like this.” One of the main purposes of the Planning Session is to look at the cost of the “state’s plan” or your current plan (if you created a will or a trust in the past), and to ensure you are 100% clear about what would happen, if you become incapacitated or when you die. And, then, we look at exactly what you would want, and the cost to create a plan that meets your wishes. You are then able to make an informed, educated decision about what you want to do for yourself, and the people you love.

When you consider the peace of mind and potential savings in time, stress, and money for your loved ones down the line, Life & Legacy Planning is often the best way to save your loved ones time and money, while also creating optimal value and use of your resources, during your own lifetime. Think of it as insurance for your legacy – a small cost now can save your loved ones significant trouble and expense later.

Myth 3: I'm Too Young to Need an Estate Plan

You might think estate planning is something you can put off until you're older, but this is a dangerous assumption. Life is unpredictable, and having an estate plan in place is crucial regardless of your age.

If you're a young adult, you might not have accumulated much wealth yet, but you still have important decisions to make. For instance:

Who will manage your social media accounts if something happens to you?
Who will take care of your pets?
If you have a small business or side hustle, what will happen to it?
Who will be responsible for paying off your student loans or other debts?

Moreover, estate planning becomes even more critical if you're a young parent. Your estate plan can designate guardians for your children and set up trusts to manage any assets they might inherit. Without these provisions, the court may have to decide who raises your children, leading to family disputes and potentially placing your children with someone you wouldn't have chosen.

Even if you're single with no dependents, an estate plan is critical, maybe even more so because it’s up to you to determine who will care for you, if you cannot care for yourself. You really don’t want to leave that to a judge to decide. Your plan will ensure your wishes are respected if you become incapacitated, designate who will make medical decisions for you, and specify how you want your assets distributed. This can prevent potential conflicts among family members and ensure your hard-earned assets go to the people or causes you care about most.

Remember, estate planning isn't about planning for your death; it's about planning for life, and the uncertainties sure to come. It's about taking control of your future and caring for the people and things you love, no matter your age.

Myth 4: Once I Create an Estate Plan, I'm Done

Another common misconception is that estate planning is a one-time event. In reality, your estate plan should evolve as your life changes. Major life events that might necessitate updates to your estate plan include:

Marriage or divorce
Birth or adoption of children
Death of a beneficiary or executor
Significant changes in your financial situation
Purchase of a home or other major asset
Starting a business
Moving to a different state

Even if you haven't experienced any major life changes, it's important to review your estate plan at least every three years, though we recommend you review your assets and how they are titled, annually. Laws change, and what was optimal a few years ago might not be the best strategy now. For example, the Tax Cuts and Jobs Act of 2017 significantly increased the federal estate tax exemption. If your estate plan was created before this change, it might need adjusting to take advantage of the new tax laws.

Regular reviews also give you a chance to reconsider your choices. Maybe the person you initially chose as your children's guardian is no longer the best fit. Or perhaps your financial situation has improved, and you'd like to include charitable giving in your estate plan.

Keeping your estate plan up-to-date ensures it continues to reflect your wishes and provides the best possible protection for your loved ones. Think of it as a living document that grows and changes with you, rather than a static set of instructions. It’s so important that we include regular reviews at least every three years in all our Life & Legacy Plans, and have systems to keep your plan up to date.

As we observe National Estate Planning Awareness Week, it's time to move past these myths and recognize the true value of estate planning. It's not a luxury for the wealthy, a complex process beyond your reach, or something you can put off until later in life. It's a fundamental aspect of responsible financial planning that everyone should consider. By creating and maintaining an estate plan, you're taking control of your legacy, ensuring your wishes are respected, and providing invaluable peace of mind for yourself and your loved ones. Don't let misconceptions hold you back – consult with a qualified estate planning attorney today and take the first step towards securing your future.

How We Help You Take Action Today
Don't let common estate planning myths prevent you from securing your future. As your Lawyer for Life, we help you create a comprehensive Life & Legacy Plan that goes beyond basic estate planning. We'll outline strategies for your assets, prepare for potential incapacity, and ensure your family is cared for, even if the unexpected happens. Our approach includes regular reviews to keep your plan current with life changes, and we even help capture family memories and traditions. With our guidance, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected.

A Comprehensive Guide to Disaster Preparedness

shaira@younglawnv.com (Sharia Young) — Sat, 12 Oct 2024 00:05:35 GMT

In today's world, where natural disasters and unforeseen events can disrupt our lives at a moment's notice, preparedness is no longer a luxury but a necessity.

Immediate Preparedness: Your First Line of Defense

Create a Go-Bag. Your first step in disaster preparedness is to create a “go-bag”. This essential kit should contain items to help you survive for at least three days following a disaster. Pack clothes, toiletries, and any necessary medications. Include non-perishable food and water (or a water filtration device) to sustain you during an emergency. Include copies of important documents such as identification and insurance policies.

You may also want to include a recent family photo in case someone in your family needs to be identified, as well as a device with photos of your home and its contents, in the event that you need to submit photos for an insurance claim.

Having cash in small denominations can also be crucial in an emergency. Lastly, include a flash drive containing digital copies of all your important documents for easy access and portability. We provide this to all of our clients, and of course, keep electronic records of your documents as well. Keep your go-bag near your home's primary exit so you can grab it quickly if you need to evacuate.

Stock Up on Essentials. Beyond your “go-bag”, maintain a 1-3 month supply of non-perishable food at home. This longer-term stock will sustain you through extended emergencies or periods of scarcity. Consider investing in a generator to provide power during outages. Solar power equipment can offer a sustainable energy source during prolonged emergencies. Water filtration devices are also crucial, ensuring you have access to clean water even if municipal systems fail.

Plan for Extended Independence. Prepare for situations where you might need to live away from your home for two weeks to a month. Invest in high-quality camping gear, including robust water filtration systems and efficient cooking equipment. Scout locations in your local community where you could safely hunker down if needed. Familiarize yourself with these areas and plan potential routes to reach them. Some people find it beneficial to invest in a vehicle like a camper van, equipping it with essential survival gear. This mobile approach to preparedness can provide flexibility in various emergency scenarios.

Financial Preparedness: Building a Strong Foundation

Manage Your Cash Wisely. Smart cash management forms the basis of financial preparedness. Keep between $1,000 to $20,000 in cash at home, stored securely in a safe. Use small bills to facilitate easy exchange in emergency situations. Additionally, maintain 1-12 months of living expenses in a local bank account, but be sure to stay under FDIC limits. The exact amount you keep liquid will depend on your personal circumstances and how quickly you can generate income, if needed.

Invest in Proper Insurance Coverage. Review your homeowners’ insurance policy carefully to ensure it provides adequate coverage. Your policy should cover full replacement of your home's structure and your belongings. It should also include "loss-of-use" coverage, which pays for living expenses while your home is being repaired. For comprehensive protection, consider additional policies. Earthquake insurance is crucial in many areas, even those not traditionally associated with seismic activity. Flood insurance, available through the National Flood Insurance Program (NFIP), is essential as flooding can occur almost anywhere. If you live in a high-risk area for hurricanes or tornadoes, look into specialized windstorm or hurricane policies.

Create a Life & Legacy Plan. Work with me to create your Life & Legacy Plan, which is a comprehensive estate plan that accounts for what happens to you if you were to become incapacitated and what happens to your assets and your family after you die. Together we’ll ensure your assets aren’t lost to the government, your kids are raised the way you want by the people you want if something happens to you, and that your family doesn’t end up in court and conflict. Read to the end and I’ll show you how to book a call to learn more.

Invest in Human Capital. Once you've covered your basic preparedness needs, turn your attention to investing in the people around you. Support those who help raise your children, recognizing the crucial role they play in your family's well being. Invest in local farmers growing food in your area, strengthening your community's food security. Invest in artisans who can help you rebuild, if needed. Work on healing relationships with family members, building a strong support network. Develop relationships with trusted advisors and supporters who can guide you in various aspects of your life and financial journey. We often overlook investing in human capital in service to financial investments that grow our money, but it’s the humans you will need in case of an emergency.

Final Considerations

Sometimes, the most valuable items are the most difficult to replace, even with cash on hand or insurance proceeds. So, digitize photo albums, home videos, old letters, and family histories. Store digital copies in the cloud for easy access from anywhere.

And finally, regularly review and update your preparedness plans, adjusting them as your circumstances change and as you learn about new potential threats. If you need assistance with this - or even accountability - book a call with me for support.

By following this comprehensive guide, you're not just preparing for disasters – you're embarking on a journey to financial liberation. Remember, wise stewardship involves investing your time, energy, attention, and money (TEAM resources) across all aspects of your life.

How We Help You Prepare For the Unexpected

The journey to comprehensive preparedness starts now. By following the steps outlined in this guide, you're not just protecting yourself from disasters but building a more resilient and secure future for yourself and your loved ones.

As your Lawyer for Life, we help you create a Life & Legacy Plan, which outlines plans for your assets, your incapacity, and your family, even if the unexpected happens. We’ll also review your plan with you regularly so it changes as your life changes, and we’ll even help you capture family memories, stories, and traditions so those are never lost - no matter what happens. Once you’ve created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected.

Navigating End-of-Life Care: Lessons from a Daughter's Tragic Experience

shaira@younglawnv.com (Sharia Young) — Mon, 07 Oct 2024 15:58:54 GMT

In an aging society, you might find yourself facing difficult end-of-life decisions for your loved ones sooner than you expect. And when you do, you’ll realize that the journey is rarely straightforward.

What Happened?

Maggie’s story begins in 2023. Her mom died, and shortly after, Maggie’s father, Terry, revised his will and created an advance directive. He wanted to be entirely prepared for a planned heart surgery he was to have less than three months later.

His advance directive reflected his desires that he’d been clear about - that he did not want to suffer when his life was coming to an end. He did not want machines to keep him alive. He only wanted to be comfortable. Maggie and her siblings understood and supported their father’s wishes. They gave one of his doctors a copy of his advance directive before the surgery. That doctor later admitted that he hadn’t read it. Terry’s other two doctors did not know he had an advance directive.

After Terry’s heart surgery, his health declined rapidly. As he was lying in the hospital bed, his doctors arguing that he could live with the assistance of machines, he told them that’s not what he wanted. He repeatedly asked for hospice care. Despite Terry’s wishes, his doctors would not order hospice care for him.

Maggie and her siblings quickly got involved and read Terry’s advance directive to the doctors. And after repeated requests, the doctors finally relented. He died shortly after. Even though Terry’s wishes were finally honored, it wasn’t without frustration and heartache for Terry and his family.

It’s easy to see why the doctors insisted on keeping Terry alive. Their job, after all, isn’t to facilitate death but to promote life (no doubt the fear of being sued for medical malpractice was a factor, too). So it’s not a leap to think that if Terry didn’t have an advance directive, he would still be alive today, subsisting on the assistance of machines at an extreme cost to the family.

So, as Maggie's story illustrates, having an advance directive is just the first step. You also need to ensure that the advance directive is readily available and that your chosen advocates are prepared to fight for your wishes if necessary. It really helps to have a trusted lawyer by your side, as well.

Advocating for Your Loved Ones

Maggie's experience with her father shows how important advocacy can be. If you find yourself in Maggie’s situation with a parent or other loved one, here are some strategies you can take to ensure their wishes are honored:

Be prepared to speak up and ask questions. If you don't understand something, ask for clarification. Don't be intimidated by medical jargon or feel embarrassed about asking for explanations.

Ensure that all members of the medical team have read and understood the advance directive. Don't assume that because one doctor has seen it, all of them have.

If you feel your loved one's wishes are being ignored, don't be afraid to escalate the issue to hospital administration or patient advocacy groups. Remember, you're not just a visitor - you're an essential part of your loved one's care team.

Keep a journal or log of all interactions with healthcare providers. Document who you spoke to, what was discussed, and any decisions that were made. This can be invaluable if there are disagreements or misunderstandings later.

Build relationships with the nursing staff. The nursing staff spends the most time with patients and can be powerful allies in advocating for your loved one's care.

Consider bringing in outside help if needed. This could be a patient advocate, a social worker, or even a lawyer if you feel your loved one's rights are being violated. Read on and I’ll show you how to get my help and support.

Take care of yourself during this process. Advocating can be exhausting and emotionally draining. Make sure you're eating well, getting enough sleep, and taking breaks when needed.

Your role as an advocate can be challenging, but it's crucial to ensure your loved one's wishes are respected. You can also prepare for your future so your loved ones have the support they need to advocate for you if the time comes

How to Help Your Loved Ones Avoid Similar Outcomes

To help your family avoid the challenges faced by Maggie and her siblings, consider the following steps:

Create a comprehensive advance directive and designate a healthcare proxy. This crucial first step involves clearly outlining your wishes for end-of-life care in a thorough Life & Legacy Plan. When you work with me to create your Life & Legacy Plan, I can help you get clear on specific treatments you do or do not want, choose the right people to be your representatives, and ensure they understand and are willing to advocate for your wishes. All these considerations are critically important.

Communicate your wishes openly and distribute your advance directive. Have frank discussions with your family members about your end-of-life preferences. Ensure all relevant family members understand and respect your decisions, addressing any concerns or disagreements proactively. Once your wishes are clear, provide copies of your advance directive to your representatives, family members, and primary care physician. When you work with me, I will also maintain a copy of your advance directive. This wide distribution helps ensure your wishes are known and can be quickly accessed when needed.

Regularly review and update your Life & Legacy Plan. Life circumstances and health conditions can change, potentially affecting your end-of-life care preferences. That’s why my Life & Legacy Planning process includes regular reviews of your plan, so we can update your plan if needed. This ongoing process of review and update helps ensure that your end-of-life care plans always accurately reflect your current wishes and circumstances and that your plan will work when you and your loved ones need it to.

Finally, remember, end-of-life care isn't just about how we die - it's about how we live our final days, weeks, or months. By planning ahead and being prepared to advocate, you can help ensure that this time is as meaningful and comfortable as possible, aligned with your values and wishes. In doing so, you're providing a final act of love and respect, honoring a life well-lived right up to its very end.

How We Help You Navigate End-of-Life Care

End-of-life situations can be complex and emotionally challenging, as Maggie's story clearly illustrates. The best time to prepare for these difficult moments is now. As your Lawyer for Life, we help you create a comprehensive Life & Legacy Plan that ensures your end-of-life wishes are respected, your loved ones are empowered to advocate for you, and your care aligns with your values when you need it most. Don't leave your end-of-life care to chance. Let us help you create a plan that works when you and your loved ones need it most.

A Power of Attorney May Not Be What You Think

shaira@younglawnv.com (Sharia Young) — Mon, 30 Sep 2024 17:12:12 GMT

If you've ever considered planning for your future or helped someone plan for theirs, you've probably heard the term "power of attorney." But do you really know what it is and how it works?

What is a Power of Attorney?

Generally speaking, a power of attorney is a legal document granting someone else the authority to act on your behalf regarding your financial life. The term "power of attorney" is a bit of a historical holdover. Originally, powers of attorney were primarily used to appoint lawyers to represent individuals in legal matters.

However, over time, the concept has expanded to include appointing someone to act on your behalf for various purposes.

So, while you don't need to be an attorney to hold a power of attorney, the term has continued due to its historical origins. Granting power of attorney is a way to indicate that an appointed person has the authority to act as your agent or representative, similar to the way an attorney would act on your behalf.

Not everyone wants someone to act on their behalf to manage their financial affairs. In fact, I’d venture that most people don’t. But there are times when it’s necessary in order to preserve your assets, especially if you reach a point in life when you are unable to manage your own financial, legal or healthcare matters, whether from old age, a terrible accident or simply being out of the country for that year-long trip you’ve been planning for years. In each of these cases, it’s possible that if you don’t have someone acting on your behalf, problems could occur. Your financial institutions could charge extra fees on your accounts, a fraudster could drain your accounts and you wouldn’t know it happened, taxes could go unpaid, your property could go into foreclosure, or your credit ruined. So to prevent these horrific outcomes, you want someone else to be able to maintain your financial life on your behalf.

Types of Powers of Attorney

We don’t need to get too much in the weeds here (if you want to get in the weeds, though, read to the end and I’ll show you how to book a call with me), know that there are different types of powers of attorney, each with its own specific purpose. Here are some examples:

General Power of Attorney: This grants the agent broad authority to act on your behalf, including managing your finances and signing legal documents, even if you’re capable of handling your affairs. It becomes effective as soon as you execute the document. When might you want this? Say you travel for work and you and your spouse have decided to refinance your mortgage. You may want your spouse to sign the paperwork on your behalf, rather than waiting for a time you’re back in town.

Springing Power of Attorney: This also grants authority to someone to manage your financial and legal affairs. You can execute the document whenever you want, but it doesn’t kick in until you’re no longer able to make your own decisions.

Durable Power of Attorney: This is a type of general power of attorney that remains in effect even if you become incapacitated. Think of it as the General and Springing Powers of Attorney combined.

Limited Power of Attorney: This grants the agent authority to handle specific tasks only, such as managing your property or making healthcare decisions.

Healthcare Power of Attorney: This grants your named agent authority to make medical decisions on your behalf.

Even though each of these documents operates differently, they all have one important thing in common: the agent’s power ends as soon as you die.

What No One Told You About a Power of Attorney: It Ends With Death
You may mistakenly believe that a power of attorney gives someone the right to access your financial accounts indefinitely. However, this isn't the case. A power of attorney is a temporary arrangement that ends when the person who granted the power dies. What does this mean, exactly?

Let’s say your aging mother can no longer manage her affairs and she executed a Power of Attorney to give you the authority. While she’s living, you can access her bank accounts to make sure all her bills are paid, and paid on time. But as soon as she dies, you no longer have the legal authority to access any of her accounts. If she had a Will or no estate plan at all, you will have to file paperwork with the probate court and wait for the case to make it through the court system until the judge grants you authority again. In the meantime, if you can’t afford to cover her bills along with your own, you may have to make the difficult decision to let her bills go unpaid. If she still has a mortgage on her house, for instance, and you can’t pay her mortgage and yours, too, the bank could begin to fore lose, and you could lose any equity she had. This equity could have been a significant part of your inheritance.

Going to court can be a frustrating and time-consuming process, and if you haven’t planned appropriately you can suffer negative consequences. But there’s a silver lining. You and your loved ones can avoid probate court, and maintain access to the other’s finances, if you create a Life & Legacy Plan.

The Good News
With some careful planning ahead of time, you can ensure all your bills get paid and your assets are preserved for your loved ones. The way to do that is by creating a Life & Legacy Plan with a living trust. A trust is a legal arrangement that allows you to transfer your assets to a trustee, who manages them for the benefit of your beneficiaries. Importantly, a trust survives your death, so there’s no disruption in the ability for someone to manage your finances after you die.

You may have seen ads on the internet, or maybe your financial advisor has offered to draft a trust for you. And you may have the impression that a trust is a simple document you can get for little to no money. But I want to empower you with some education before deciding to go one of these routes. A trust is a legal document with legal consequences, and even lawyers who’ve gone to law school, passed the bar, and practiced law for awhile find that trusts are more complicated than they first thought. If you draft a trust yourself or with someone who isn’t a lawyer who specializes in this area of the law, you’re taking a big chance with your money and your family. I see these cases often, and usually, the trust isn’t worth the paper it’s written on.

You owe it to yourself and your loved ones to ensure your power of attorney, trust, and related estate planning tools are created correctly and updated over time, and that you understand the benefits and consequences of your plan.

When you work with me to create a Life & Legacy Plan, I’ll empower you with the education you need so you can make the right choices for yourself and your family, that you fully understand how your plan works, and that your family has my support after you’re gone.

How We Help You Preserve What Matters

Understanding the limitations of a power of attorney and the benefits of a trust is crucial for protecting your hard-earned assets. As your Lawyer for Life, we specialize in helping individuals like you create a Life & Legacy Plan that addresses your unique needs and provides peace of mind, no matter what happens. Once your plan is in place, you can rest easy knowing that your wishes will be honored, your loved ones cared for, and your property protected.

Preventing Family Feuds Over Your Personal Belongings

shaira@younglawnv.com (Sharia Young) — Mon, 23 Sep 2024 16:08:48 GMT

The passing of a loved one is a heartbreaking event, filled with grief and sorrow. But the aftermath can become even more painful if disagreements over their personal belongings tear your family apart. These disputes, especially when centered around meaningful objects, can leave lasting wounds that may never fully heal.

Perception Is the Basis for Conflict

Your personal belongings are so much more than just material objects. They are tangible reminders of your life, personality, and connection to the people you hold dear. When you're gone, these items can provide immense comfort and solace for your grieving family members. However, the emotional ties to your possessions can also set the stage for conflict.

The basis for conflict over your belongings is usually rooted in perception, meaning your family members have very different ideas about the value and significance of your possessions. What one person deems a priceless keepsake, another might dismiss as mere clutter. These differences in perspective can create tension, resentment, and even damage relationships that have lasted a lifetime.

Adding to the complexity is that certain items are inextricably linked to specific memories and experiences. That piece of jewelry may remind one of your children of the love and care you showered upon them. However, to others, it may represent an inheritance they feel entitled to. The emotional attachments to your personal property often run deeper than anyone realizes, reflecting unresolved feelings of love, guilt, or regret.

Your family members' perceptions of your belongings are also profoundly shaped by their own experiences, values, and cultural backgrounds. These differences in worldview can make it incredibly challenging for them to reach a consensus when it comes time to divide their inheritance.

For instance, in some cultures, family heirlooms are passed down through generations with reverence and care. These objects are seen as symbols of shared history and identity. However, in other traditions, material possessions hold far less significance, with the focus placed squarely on intangible connections. When relatives from diverse backgrounds attempt to navigate the division of your estate, these clashing perspectives can lead to misunderstandings and conflict.

Perception also influences how your loved ones view the concept of fairness. One child may feel entitled to certain items due to their role as a primary caregiver or because they lived closer to you. Another may believe everything should be distributed equally, regardless of individual circumstances. These divergent notions of justice can further fuel disputes, especially if you don't leave behind clear instructions.

The Value of Open Communication and Thoughtful Planning

To minimize the risk of family feuds over your personal property, one of the most effective things you can do is have open and honest conversations about expectations and preferences long before you're gone. Here are some strategies to consider:

Start the Conversation Early. While it may feel awkward to discuss such sensitive topics, it's far better to address them proactively. This allows for a more thoughtful and deliberate discussion of everyone's wishes. Ideally, these conversations should occur when all parties are calm and emotionally prepared rather than in the midst of grief.

Record Yourself. Don’t underestimate the value of getting on video. Recording yourself explaining your wishes and why can be very powerful, as well as provide clarity and decrease conflict for your loved ones. When you create your estate plan with my firm, we include a Life & Legacy Interview with every plan so that your decisions and the reasons for them are clear to your family members. When there’s no ambiguity, the possibility of conflict lessens.

Make an Inventory. Make a comprehensive list of all your personal belongings, including their sentimental value and any specific requests or wishes you have associated with them. This inventory can be a crucial reference point for your family members after you’re gone. If possible, involve your loved ones in this process so that they understand your wishes and can ensure your voice is heard.

Create a Life and Legacy Plan. A Life and Legacy Plan can minimize disputes by clearly outlining your wishes regarding distributing your personal property. In addition to the Life & Legacy Interview, every plan includes a document called a “personal property memorandum,” which provides additional clarity, specifying which items should go to which beneficiaries. We even help you keep your plan updated over time to reflect changing circumstances or preferences and prevent family conflict.

Focus on Your Family’s Needs. Ultimately, the goal of your planning should be to honor your memory and support the well-being of your loved ones. Prioritize the needs of those who are grieving and try to find solutions that minimize conflict and pain. Sometimes, creating a process where each family member can express their attachment to specific items and why they matter can help others understand their emotional value rather than just their monetary worth.

Helping Your Family Sell Your Belongings with Care and Intention

Sometimes, your loved ones may need to sell your personal property, which may be necessary to settle your estate, pay debts, or ensure that your items are put to good use. Whether the items sold hold sentimental value or not, this can be another task ripe with conflict. Further, many family members don’t know what the process entails. But you can help make it easier for them by doing a lot of legwork now.

You can specify in your Life & Legacy Plan how you want your items to be sold and outline the process for your loved ones. Here are the steps your family will need to take:

Assess the True Value of Your Items. Start by evaluating the worth of the items to be sold. This may involve hiring an appraiser, especially for valuable items such as antiques, artwork, or jewelry. An appraiser can provide an objective assessment of an item's value, which can help prevent disputes over perceived worth and ensure a fair sale.

Choose the Right Selling Method. Depending on the type and value of your belongings, your loved ones will need to choose a selling method. For everyday household items, a yard sale or estate sale might be appropriate. For more valuable items, an auction house, consignment shop, or online marketplace may be the way to go. Your family should be mindful of any fees or commissions associated with these approaches, too.

Enlist the Help of an Estate Sale Company. If your estate contains a large number of items or your family is overwhelmed by the process, hiring a professional estate sales company can be a game-changer. These companies handle everything from pricing items to advertising the sale, managing the event, and disposing of any unsold items. They typically charge a percentage of the sales, but their expertise can make the process smoother and less stressful.

Understand the Legal Requirements. Depending on your jurisdiction, there may be specific legal requirements for selling estate property. For example, an executor may need court approval to sell certain assets or follow particular procedures for notifying beneficiaries. When you create your Life & Legacy Plan with us, we will be there for your family when you no longer can be, and we can advise them on all the necessary legal requirements.

Plan for the Proceeds. Decide in advance how the proceeds from the sale will be used and document your wishes in your Life & Legacy Plan. We can help you specify whether they will be distributed among your heirs, used to pay off estate debts, or donated to charity. This precise planning that’s part of our Life & Legacy Planning process helps avoid disputes and ensures that the funds are used in a way that honors your wishes.

Leave a Legacy of Harmony, Not Conflict

Family disputes over your personal belongings can add immense pain to an already difficult time. But by understanding the emotional significance of your possessions, the role of perception, and taking proactive steps by creating a Life & Legacy Plan, you can minimize conflicts and preserve familial relationships.

Your loved ones deserve to grieve with dignity and respect, not embroiled in bitter disputes. Take the time now to put the proper measures in place, and you can rest assured that your final wishes will be honored and your family will stay out of court and conflict after you're gone.

This is the lasting legacy you can leave behind - not just the material objects you've accumulated over a lifetime, but the gift of harmony, understanding, and compassion for those you hold most dear.

How We Help You Prevent Family Feuds Over Personal Belongings

Family disputes over personal property can cause significant pain and tension at a time when loved ones should come together. As your Lawyer for Life, we help you create a Life & Legacy Plan that ensures your belongings are distributed according to your wishes, without conflict or confusion. With careful thought, clear communication, and the right tools, your Life & Legacy Plan will keep your family united, even in the midst of grief. And you’ll gain the peace of mind knowing that your wishes will be honored and your loved ones will be supported long after you’re gone.

Matthew Perry's Estate Plan Demonstrates the Benefits of Trusts

shaira@younglawnv.com (Sharia Young) — Mon, 16 Sep 2024 15:48:13 GMT

When Matthew Perry, the beloved star of Friends , passed away last year, the world mourned the loss of a comedic icon. However, as details of his estate began to emerge, a curious puzzle presented itself: why did he seem to have less money than you’d expect?

What is a Trust?

A trust is simply a legal arrangement where a person (sometimes called a “settlor”) transfers assets to someone ( a “trustee”) who manages those assets for the benefit of someone else (the “beneficiaries”). Many types of trusts can be used for many different purposes, including estate planning, asset protection, and providing for loved ones.

The trustees appointed to manage a trust play a crucial role in fulfilling the settlor's wishes. Choosing the right trustees is essential for the effective management of a trust. Trustees should be trustworthy, financially responsible, and knowledgeable about estate planning. They should also be willing to devote the time and effort required to manage the trust's assets.

In Perry's case, it appears he had established a trust during his lifetime. This trust, which seems to be named the Alvy Singer Living Trust - Woody Allen's character in Annie Hall - presumably holds a significant portion of his wealth. In Perry's case, the trustees were likely responsible for managing his investments, paying bills, and distributing money to the beneficiaries.

Why would Perry have chosen to establish a trust? There are many benefits, which I’ll break down in greater detail now.

The Power and Benefits of Trusts

There are many advantages to using a trust for estate planning. Here are some of the most common.

Protection from creditors and lawsuits. If a beneficiary faced financial difficulties, their creditors would generally not have access to assets held in a trust.

Ongoing support during life, incapacity, and after death. Trusts can provide for loved ones in a more flexible way than a will. A will is a legal document that outlines how your assets will be distributed after your death. However, a trust can be structured to provide support during your life and for your beneficiaries over time, ensuring that their needs are met throughout their lives. If you have a will, usually your assets will be transferred to your beneficiaries all at once - even if they are young or financially irresponsible.

Minimization of estate taxes. Depending on the size of an estate, there may be significant federal and state estate taxes. By using a trust, it can be possible to reduce or eliminate these taxes.

Court avoidance. There’s a court process called probate that takes place after someone dies, and it can be expensive, lengthy, and conflict-laden. If you have a will or no estate plan, court is mandatory. If you have a trust, however, the court process may be avoided. This results in less expense, less time, and a decreased probability of conflict. It’s also a public proceeding, and court filings contain personal and financial information you may not want others to see.

Conflict avoidance. The court process is set up to give all heirs and creditors a claim to your assets. They are invited to file a claim, and they get to see information about your assets.

Greater control over what happens to your assets and your family. When you have to go to court, it means that someone other than you - a judge, who’s a complete stranger to you and your family - will make all final decisions about your money, property, and family. But with a trust, you get to make those decisions and exercise control over the outcomes.

Preserving assets when there’s a substance abuse issue. It’s no secret that Perry struggled with substance abuse for much of his life, and it’s possible that because of that, he was advised to create a trust to hold his assets. This was a wise decision. Substance abuse can have a significant impact on financial stability, and it is possible that Perry sought to protect his assets from loss, either by his own actions or potential creditors and legal issues related to his addiction. You can do the same for a friend or relative if you want to support them and also know they struggle to manage their finances responsibly.

These advantages apply to you, too! You do not need to be wealthy to want a trust. You do not have to be charitable or famous to take advantage of the benefits. You simply need to be educated about the benefits and how they apply to you. Read on and I’ll show you how to book a call with me to get the education you need.

I’ve alluded to one more advantage that warrants a full section of discussion: privacy.

The Appeal of Privacy

Remember when I mentioned above that the court process is public? And I also mentioned that a trust can help you and your family avoid court, and the very public process that it is? If you were wondering, “If it’s true Matthew Perry had a trust, then how come it’s public knowledge that he had $1.5 million in his bank account?” then kudos! You caught on to something important.

Matthew Perry also had a will, and wills go through probate. Any assets that are not placed into a trust must be dealt with via your will and thus, are subject to the court process. Remember how I also said above that court filings must contain your personal and financial information? That’s how we know about Matthew Perry’s bank account. The funds in his bank account were ostensibly not placed into his trust, and so, are subject to the public probate process. If you want, you can go look up the court records and read his will - or any will - for yourself.

His will mentioned that he had a trust, which is also common. What it doesn’t mention is the terms of the trust, who the beneficiaries are, what his other assets are, and who gets what. Our public knowledge is limited to what’s in his will. And if his bank account had been placed into his trust, it would have been kept private, too.

In short, assets placed into a trust are kept private, as is your personal and financial information. Assets left out of a trust are public knowledge. So, when you create a trust, it’s crucial that you don’t just draft and sign the document and call it a day. You must take the next step and correctly place your assets into the trust. If you don’t do that, you lose all the benefits the trust offers.

How We Help You Protect What Matters Most

As more details about Perry's estate emerge (and sadly, his death), we may gain a better understanding of his intentions and the legacy he will leave behind. While his untimely passing is a tragic loss, his estate planning offers a fascinating look at the advantages of trusts and how you can also take advantage of them.

As Your Lawyer For Life, we help you create a comprehensive Life & Legacy Plan that may include tools like trusts to protect your assets, maintain your privacy, and ensure your loved ones are cared for—without the headaches of court or the increased chances of conflict. By planning today, you can have peace of mind knowing your wishes will be honored, your family’s future will be safeguarded, and your legacy will be kept private.

What Do Lasagna and Estate Planning Have In Common?

shaira@younglawnv.com (Sharia Young) — Sun, 08 Sep 2024 23:39:42 GMT

Most people think “estate planning” is the same as drafting a will or trust. This is a common misconception. Estate planning isn’t about certain documents but more like a good lasagna recipe.

Lasagna as an Example of the Difference Between a Will or Trust and an Estate Plan

Let’s start by getting really clear on what we’re talking about. You’ve probably heard the term “estate planning” numerous times, but do you really know what it is? Contrary to what you may have heard or read about, estate planning and the documents involved - such as a will or trust - are not quite the same thing.

Think of your favorite recipe. We’ll use lasagna as an example. A lasagna recipe includes a few different components: the ingredients needed to make the dish, how much of each ingredient you need, and the steps you have to take to transform the ingredients into a dish. Without the steps, the ingredients are just ingredients—they don’t create anything.

Estate planning is similar. Your estate plan is the recipe, and the documents are the ingredients. A will or trust may be the pasta or the sauce, but they are not the lasagna. Sure, they’re necessary components of the lasagna, but without the other ingredients and steps, they’re just pasta and sauce. Same with estate planning. If you just create a will or trust, you have documents that are just documents. They don’t do anything by themselves.

That most people think the documents ARE the estate plan is a common misconception based on a lack of knowledge. Too many people are focused on the documents, even many lawyers, and so think all they need to do is create those documents, sign them, and call it a day. Even so-called financial “experts” will tell you this. And there’s a whole new tech industry based on this premise, with do-it-yourself programs like LegalZoom. AI has even joined the fold.

Every single one of these people and companies is talking about the documents, or the ingredients. They are not telling you about the recipe. They are not showing you how to make the lasagna, but rather, they’re telling you about some (not even all) of the ingredients you need. What results are the big messes mentioned above: families in court and conflict, fights over sentimental items, long wait times to sell a house or distribute any of the assets, and even big, unnecessary tax bills.

To truly protect your loved ones and ensure your wishes are carried out the way you want, as easily as possible for the people you love, you need a comprehensive estate plan, not just the documents. The plan lays out not only the ingredients you need, but also in what amounts, and what actions must be taken to make the lasagna.

If you haven’t created a comprehensive plan of your own, or your current plan fails for any reason, know that there’s a plan already made for you. It’s a plan laid out in your State’s law, and it may be very different from what you want.

Your State’s Recipe for Lasagna May Be Gross

To illustrate the difference between the State’s plan for you and one you can create for yourself, let’s get back to our lasagna example.

Let’s say the State’s recipe for lasagna includes spicy sausage, but you can’t tolerate spicy foods. The state’s plan may contain meat, but you’re a vegetarian. Or, it could be that the State’s recipe includes mushrooms, but your child is allergic to mushrooms. Some ingredients may be missing altogether, and the recipe will probably tell you that you can’t even cook the lasagna for months, or even years (goodness, your family will be hungry!). Whatever the situation, it’s possible that the State’s plan includes some component that you don’t like, or even one that could be disastrous to your family.

In reality, your State’s plan says how your assets will be distributed, who will get them and in what amounts. It requires a court process, which can be lengthy and expensive, and sometimes assets are frozen until the court process is over. It’s also set up for conflict, as your family members - even if you’re estranged - are required to get notice of the court proceeding, what assets you have, and are invited to make a claim for your assets. You may not like any of this.

If not, here’s the good news. The law also says you can create your own plan and decide on your own who you want to inherit your assets and how. If you create your own plan, you get to decide to give money to charitable causes that matter to you, which the State’s plan does not allow for. And if you create your own plan, you can also decide whether you want your loved ones to go through the court process. Yes, the court process can be optional.

What Recipe Do You Want to Use?
By creating your estate plan, you get to choose your lasagna recipe. You get to choose whether you want meat or veggie, mild or spicy sausage. You get to exclude ingredients your family members may be allergic to. You even get to decide if you want to share your lasagna with someone else. And you get to decide when to cook the lasagna, whether you want it to be eaten tonight or assembled, frozen and saved for another day.

It’s entirely possible that you don’t think the State’s recipe is gross and you wouldn’t change a thing. But you won’t know that until you know the details of the State’s plan and how those details pertain to you, your assets, and your family. Or, it could be that you think the State’s recipe is completely gross and you want to pick one that you and your family like. Either way, know what you want to create and be clear on how to do it, and do it correctly. Luckily, we can help.

How We Help You Get it Right

We’ve seen too many families suffer negative, yet unnecessary, consequences after a loved one dies. And if you haven’t experienced it yourself, chances are you probably will. But with the proper education, beginning with correcting the misconception that estate planning and the documents involved are one and the same, we believe we can break the cycle of strife.

As Your Lawyer for Life, we start with education so you are clear on what the State’s plan is for you, and what you can do to create your own plan that aligns with your values, your goals, your family, and most importantly, that it works when you need it to.

We call it Life & Legacy Planning, and once you’ve created your Life & Legacy Plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected. Book a call with us today to learn more.

3 Questions to Ask Yourself Before Creating Your Estate Plan With AI

shaira@younglawnv.com (Sharia Young) — Mon, 02 Sep 2024 16:42:55 GMT

The allure of Do-It-Yourself estate planning through AI is strong, especially when you think your situation is simple and straightforward. But here’s the truth: estate planning is not just about creating a set of documents, and it’s almost always more complicated than you think.

Question No. 1: What Matters?

First and foremost, who or what matters most to you? When you’re creating a legal plan for what happens if you become incapacitated and when you die, the place to start is by getting clear on what matters. Is it the money you’ve worked hard to earn, or is it the people around you and the relationships you’ve nurtured? Most likely, it’s the people.

Think about this. How are you affected when a loved one passes away? You’re probably filled with grief, and their absence leaves a void in your life. While their money can ease financial strain, it’s the memories and the love you shared that truly matter (this is their “legacy”). Your loved ones will feel the same way after you’re gone. What will your legacy be?

Imagine that your family is left to deal with a big legal and financial mess after you're gone, all because you didn’t create an estate plan or created one that failed. Are you ok with that being your legacy? Does it matter to you that people will need to spend time away from work and their lives to manage your affairs? And what if they ended up fighting or estranged? Does that matter to you?

What about your assets? Does it matter to you if your estate has to pay unnecessary taxes, or that your assets get lost and turned over to your State’s Department of Unclaimed Property? Or do you care about supporting a cause you believe in, or supporting a family member who needs help?

When you create a Life & Legacy Plan with our office, you gain the power to influence these outcomes in a way that AI cannot do. But first get clear on what truly matters to you.

Question No. 2: What’s It Worth?

Once you’re clear on what matters, the next question is: what are those things worth? How important is it to ensure your family’s relationships are preserved, for example? How important is it that your assets don’t get used to pay taxes when there’s an option to give them to your loved ones? It’s critical to know not only what’s important, but how important it is, so you know how much time, energy, attention, and money to dedicate to it.

One of the main reasons people may use AI to draft their estate plans is that they think estate planning is simple. However, estate planning is much more complex than most people realize. Even licensed attorneys who practice estate planning often find themselves overwhelmed by the intricacies of the law, which changes regularly and varies from state to state. AI is a one-size-fits-all approach that doesn’t take into account the complexities. So if you rely on AI, you’re leaving a lot to chance. Is it worth it to you to take a chance on what matters? There is no wrong answer here; it may be yes or it may be no. The key is that you’re being true to yourself.

Question No. 3: Is AI Actually Cheaper and Easier?

And now we’re at the third and final question: is AI or Do-It-Yourself legal really cheaper and easier than working with an expert? If the program makes a mistake in your estate plan and your family ends up in court, embroiled in conflict, with relationships irreparably broken, was it worth the supposed savings? What if your assets were lost to the government, eaten up by unnecessary taxes, or depleted by lawyers’ fees and court costs due to litigation?

When you weigh the potential costs—financial, emotional, and relational—against the upfront savings you might achieve by using AI, the true worth of those things that matter to you becomes clearer. You see that estate planning is about much more than just money; it’s about protecting the people you love and ensuring your legacy is honored as you intend.

You and Your Family Deserve More Than a Quick and Cheap Fix

The way to ensure that your plan works when you and your loved ones need it to, and saves you and your family money, is by working with me to create a Life & Legacy Plan. With my Life & Legacy Planning process, I’ll guide you to get clear on what matters, then together we’ll create a complete plan that honors your wishes and creates a loving legacy at a price that fits your budget. When it comes to something as important as your estate plan, it’s worth taking the time to do it right. Your legacy deserves more than a quick fix—it deserves the thoughtful attention of someone who understands your unique situation and can help you navigate the complexities of the law to achieve your goals.

As a Your Lawyer for Life, I understand that estate planning isn’t just about the documents you sign or the money you leave behind. It’s about ensuring that the people and things that matter most to you are protected and honored in the way you intend. Once you’ve created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your legacy preserved.

Labor Day Reflections and Your Legacy

shaira@younglawnv.com (Sharia Young) — Sun, 25 Aug 2024 23:38:05 GMT

Labor Day also provides an opportunity to think about your personal labor, or the work you’ve put into building your life. Your home, your family, your career – these all came about from hard work! Let’s reflect on everything you’ve worked hard for throughout your life.

Reflection No. 1: Remember When?

Do you remember your first job? It may have been babysitting for a neighbor or mowing lawns when you were a kid. Or, maybe you had a part-time job in high school in the evenings and on weekends. As you grew up and became a young adult, how did it feel to have that first taste of independence? Pretty good, probably! For the first time, you were able to decide what to do with your time and money, and that felt extremely empowering, right? You may have also worked hard for this financial independence, with a full schedule balancing classes, homework, extracurricular activities, and a part-time job (Can you even imagine doing that now? Where does the energy go, anyway?!).

But your hard work didn’t stop there. Even if you did not have a part-time job with financial independence as a young person, you probably still worked hard. You worked hard in school to get good grades, or you worked hard at sports or playing a musical instrument.

There are many different types of work, and one thing they all have in common is the sense of pride and accomplishment when you see the results. That feeling is hard to beat and so worth all the blood, sweat, and tears.

So before we move on, take a minute to remember. Remember your accomplishments as a young person and how you felt as you tasted independence for the first time. What’s coming up for you that you’d want to share with your kids or nieces and nephews so they learn from your experience?

Reflection No. 2: In the Thick of It

As you grew into the adult you are now, your work evolved. You may have spent many years in school completing a degree program. And you probably got that first “real” job, whether you went to college or not. Another first in your life was when you had a full-time job making full-time money - but also with full-time adult responsibilities.

During this phase in your life, you may have bought your first home and had children. You may have also taken on debt - in the form of a mortgage or a school loan. If so, you’ve no doubt worked hard to make your payments in full and on time.

This is the stage of life where you’re in the thick of it. You may even feel like all you do is work - even if it’s work you aren’t being paid for. But isn’t this a wonderful time, too? If you have children, you work hard to teach them what they need to know to become successful adults. You also support them financially to ensure they have all they need in life. And when you see them grow into adulthood, you see the results of all your hard work for them as they become caring, compassionate, productive members of society.

You've undoubtedly worked hard if you start a business during this time. You probably gave most of your time, energy, and attention (and maybe even money) to make your dream a reality. You’ve worked hard to create jobs for other people who need them. You’ve created a solution to a problem that didn’t exist before you came along.

Now, take a moment to think about what you’ve accomplished with all your hard work. Have you enriched other people’s lives? Have you supported the people you love most to grow into their full potential? Have you created something in the world that wasn’t there before? What else? Think about not only the tangibles, like creating a business or succeeding in a demanding career, but also the intangibles, like the love you give and receive.

How do you feel as you reflect on your life at this stage? Has all the hard work been worth it? What do you want to pass on to the people you love?

Reflection No. 3: What Happens Next?

As you become older - and wiser - your work shifts again. At this stage, you may retire from a career or become ready to exit a business, and if you have children, you’ve seen them in their own careers and have their own families. Now is the time to truly enjoy all the fruits of your labor. It’s also time to think about what happens next.

Assuming you live long enough to reach this stage of life, what can you do to ensure that all the hard work you spent throughout your life isn’t wasted? What can you do to make sure that when you’re gone, the assets you’ve worked hard for don’t get lost and turned over to the Department of Unclaimed Property, subject to the claims of creditors or squandered by irresponsible heirs?

More importantly, what work can you do to ensure your family doesn’t end up in court and conflict with each other, potentially resulting in irretrievably broken relationships? After all the time, energy and attention you’ve put into those you love, you don’t want to see this happen. So the work here involves making big decisions and documenting those decisions and communicating them well with a Life & Legacy Plan.

A Life & Legacy Plan is a complete estate plan that ensures your life’s work isn’t lost, wasted or results in a mess for the people you love. It ensures your hard-earned assets are passed to those you want in the way you want when you’re no longer here, and it ensures your wishes are honored if you become incapacitated. A Life & Legacy Plan also preserves the family relationships you’ve worked to cultivate by keeping your family out of court and conflict. Finally, a Life & Legacy helps you pass on what matters most: your legacy.

Before you think, “Legacy? That doesn’t apply to me. No one is ever going to put my name on a hospital wing!, ” I want to stop you right there. Legacy isn’t just for the rich or philanthropic; that’s a misconception. Legacy is the way you’re remembered. And you can control your legacy with a Life & Legacy Plan. When you work with me, not only will we ensure your assets are distributed and used the way you want, but we’ll also capture the fruits of your life’s work in the form of a Life & Legacy Interview. My clients tell me that this is their favorite and most meaningful part of the process, bar none. Book a call with me using the link below to learn more.

Warning! Life Doesn’t Always Go as Planned So Don’t Wait Until It’s Too Late

Ideally, you live to make it through each of the stages above, but it’s possible you may not. I’m not trying to scare you but it’s important for us to remember that death is a part of life. The one thing we don’t know is the exact time death will find us. If we don’t face it before something happens, we leave the people we love with a big, expensive, time-consuming mess. The sooner we face our mortality and plan for the inevitable, the greater the chance your legacy will be one of love.

And, you’ll likely start making even better choices about the use of your resources during your life - hence, why we call it Life & Legacy.

Estate planning is for everyone, including you, no matter your stage of life. In fact, you already have an estate plan; you just may not know what it is. If you haven’t created your own plan, specifying your wishes and outlining how you want it all to go if you become incapacitated or when you die, your State has one for you.

And chances are, it’s not what you want. When you create your own, you get to override what the State has planned for you. You get to determine how you want your life’s work remembered on your terms. After how hard you’ve worked, don’t you deserve it?

How We Help Secure Your Life’s Work

Your life's work is a testament to your dedication, perseverance, and love. From your first job to your current achievements, you've built a legacy worth protecting. This Labor Day, as you reflect on your journey, consider how you want that legacy to endure. Take control of your future and protect what matters most by creating a comprehensive Life & Legacy Plan with us.

Book a Life and Legacy Planning Session today to learn how we can tailor a plan that honors your life's work and ensures your legacy lives on. Let's work together to secure your family's future and celebrate the fruits of your labor for generations to come.

The Corporate Transparency Act And What It Means For Your Small Business

shaira@younglawnv.com (Sharia Young) — Mon, 19 Aug 2024 15:29:18 GMT

You’ve poured your heart and soul into building your small business. You’ve worked tirelessly, made sacrifices, and taken risks. Now, a recent law could impact how you operate. It’s called the Corporate Transparency Act (CTA) and here’s what you need to know.

CTA Basics: What You Need to Know

The CTA is based on lawmakers’ concern about the role of shell companies in facilitating illicit activities. These shell companies are often used to disguise the true ownership of assets, making it difficult for law enforcement to trace the flow of money. Therefore, the core purpose of the CTA is to collect beneficial ownership information. You’ll need to provide details about the individuals who ultimately own or control your business. This includes names, dates of birth, addresses, and passport or government-issued ID numbers.

You’ll also need to provide information about your business, such as its legal name and address and the name and address of a company applicant (usually the person who formed the company). By requiring businesses to disclose their beneficial owners, the government aims to shine a light on shadowy operations. This increased transparency is expected to deter criminals and make investigating and prosecuting financial crimes easier.

Moreover, while the CTA casts a wide net, it doesn’t impact every business. It targets corporations and limited liability companies (LLCs) that operate in the United States. However, the definition is broader than just these types of entities. Any business formed by filing paperwork with a state or tribal government is likely covered. That most likely means your business is subject to the law. One general exception is a business structured as a sole proprietorship or partnership. But it’s always a good idea to double-check to be sure. To do so, you can schedule a call with me using the link below.

Impacts on Small Businesses

While the primary target of the CTA is to combat large-scale financial crimes, it also has implications for small businesses. The added administrative burden of collecting and submitting ownership information can be time-consuming and costly. There are also concerns about the potential for misuse of the data collected. While the government has implemented safeguards to protect this sensitive information, there's always a risk of data breaches or unauthorized access. This could lead to identity theft, fraud, or other harmful consequences for businesses and individuals.

How to Comply With the CTA

Now that you know the purpose of the CTA, how it works, and the impacts on your small business, let’s turn to compliance. To ensure your business is compliant with the CTA, you should take the following steps:

Determine if your business is subject to the law: Understand the specific requirements based on your business structure and formation date. As your LIFTed Business Advisor, I can help. Book a Business Planning Session with me by calling our office at 702-473-5600 to get all of your CTA questions answered.

Gather necessary information: As I outlined above, collect the required details about your business and its beneficial owners.

Choose a reporting method: Decide how you will submit the information to the Financial Crimes Enforcement Network (FinCEN), the government agency responsible for administering the law. This can be tricky, so don’t do it alone. Contact me and I’ll support you with this.

Maintain records: Keep accurate and up-to-date records of the information you provide. If you work with me, I’ll also support you with this. I’ll not only keep your information on file so it’s readily accessible if needed, but I’ll also support you on an ongoing basis to help keep you accountable for maintaining accurate records.

Stay informed: Stay current on any changes or updates to the law or regulations. When you work with me, I’ll do this for you and notify you when any changes affect your business, so you’ll never have to worry if your business is at risk.

While these steps provide a solid foundation for compliance, it's essential to understand the potential consequences of non-compliance. Failing to meet the CTA's requirements can result in significant penalties, including hefty fines and even imprisonment in severe cases. The penalties for failure to comply include:

Civil penalties: Businesses that fail to report required information about their beneficial owners or report incorrect or incomplete information face fines of up to $500 per day until the violation is corrected. These fines can quickly accumulate, leading to significant financial burdens.

Criminal penalties: In cases of willful or fraudulent non-compliance, individuals involved can face fines of up to $10,000 and imprisonment for up to two years.

As you can see, the consequences of noncompliance - even if it's accidental - are too significant to ignore. Book a Business Planning Session with me right away, and let me give you peace of mind, knowing your business won’t be subject to penalties.

Your Next Step

Even though the CTA became law in 2021, the government didn’t start accepting filings until January 1, 2024 . Therefore, 2024 is the first year you’re required to submit your information. And the filing deadlines are approaching quickly. Existing companies registered to do business in the U.S. before January 1, 2024, must file by January 1, 2025. Companies that were created or registered in 2024 have 90 calendar days to file after receiving actual or public notice that their company’s creation or registration is effective (this information comes from your State’s Secretary of State, not the federal government).

Your next step, then, is to book a Business Planning Session with me, your LIFTed Business Advisor. Together, we’ll determine whether your business is subject to the law, what information you must provide, and when you must provide it. Then, we’ll create a strategy for ensuring your business complies with the CTA. Furthermore, we’ll set you up for support on an ongoing basis so you won’t have to worry about future compliance. I want to take the burden off your shoulders so you’re free to focus on what matters: growing your business.

How We Support You to Ensure Your Business is Never at Risk

As your LIFTed Business Advisor, I understand the complexities of navigating new regulations like the CTA can pose for your small business. These changes can introduce uncertainties and potential risks that can divert your focus from growth. That's why I offer a comprehensive LIFT Business Breakthrough Session where we'll assess your business's overall health, including its compliance systems. Together, we'll develop a tailored plan to address any vulnerabilities and ensure your business is not only compliant with all applicable laws and regulations but also positioned for continued success. With my guidance, you can confidently navigate this new landscape and achieve your business goals.

Would $23,000 Make a Difference to You?

shaira@younglawnv.com (Sharia Young) — Mon, 12 Aug 2024 15:58:39 GMT

Imagine discovering thousands of dollars that belong to you, only to be told you can't have it. It’s called “unclaimed property,” which is money that’s yours but has been handed over to the government without your knowledge. And it happens more often than you may think.

What Is Unclaimed Property?

Unclaimed property refers to financial assets that have been abandoned or forgotten for a specific period, typically three to five years. The financial institutions can’t hold on to your money indefinitely. If no one comes forward to claim the assets, the law requires these assets to be turned over to the state for safekeeping.

Typical forms of unclaimed property include:

Forgotten checking or savings accounts
Uncashed dividends or payroll checks
Abandoned stocks, bonds, or brokerage accounts
Unclaimed life insurance proceeds
Refunds and trust distributions
Forgotten certificates of deposit and annuities

Often, these assets end up unclaimed because someone dies and their loved ones have no idea that the assets exist. And, it’s far more common than you may think, to the tune of approximately $60 billion across the US.

Consider your personal reality for a minute. If something happened to you tomorrow, would your family know exactly what you have and where to find it? Are you certain they wouldn’t miss something? If you’re like most people, the answer is no, you aren’t certain. What you are likely certain about is that your family would overlook some of your assets if you were to become incapacitated or die tomorrow. And, if they did, those assets could either disappear entirely or end up in your state’s department of “unclaimed property.” According to the National Association of Unclaimed Property Administrators, approximately one in seven Americans has some form of forgotten property owed to them. As of this writing, the total amount of unclaimed property nationwide is between $50 billion and $70 billion. You read that right. Billions of dollars. With a sum that high, it’s easy to see how it’s possible you, too, may have unclaimed property belonging to you.

What the Process Looks Like

Finding out if you have unclaimed property can be an arduous process. Even though you can search online, you’ll go through many steps before (or if) you can receive your money. Here’s what the process looks like:

Step 1—Check multiple states. Conduct a search in your current state of residence and any other states where you've lived, worked, or conducted business.

Step 2 - Search variations of your name. Try different spellings and include your middle name or initial to ensure a thorough search. If your name has changed over the years, you must also check your former names. Again, search all variations of your name in states where you’ve lived, worked, or conducted business.

Step 3 - File a claim. If you find property owed to you, you must file a claim form (usually online) with the state holding your assets. You’ll need to file a form in every state where your assets are held; there is no one-form-to-rule-them-all.

Step 4 - Gather documentation to prove your identity and the identity of your loved one(s). Be prepared to provide documentation to prove your identity and your right to the property. This may include proof of address (at any address you’ve lived), proof of name change, or proof of marriage or divorce. You’ll need to provide similar documentation for your loved ones if you have a claim to their property.

Finally, be patient. Depending on the state and the complexity of your claim, the claim process can take weeks, months, or even years.

A Real-Life Experience and Cautionary Tale

Even if you take the above steps to find the property and make a claim for it, you may not be able to receive the money rightfully owed to you. This is what Dale Benefore’s story can teach us.

Ms. Benefore discovered $23,000 that had belonged to her parents and should have been passed on to her after their deaths. She was surprised and excited because that sum would have made a significant difference to her and her family. So, in May of 2023, she filed a claim for the money with the State of Georgia’s Department of Revenue. As requested by the State, she provided her parents’ death certificates and other documentation proving their deaths. However, when the department requested her father’s driver's license, she couldn’t provide it. It had been long gone.

As of this writing - more than a year since Ms. Benefore filed her claim - she’s still fighting for her money. She’s frustrated, saying the process has been time-consuming and disheartening, and that this is not what her parents would have wanted for her. In a news interview, she claimed her “mom would be livid” if she knew what Benefore has been through.

The Easy Way to Ensure Your Assets Aren’t Lost

There’s an easy solution to this problem and a way to ensure no assets get lost and turned over to the government. It’s called Life & Legacy Planning, and it’s the type of estate planning I do. A well-crafted Life & Legacy Plan includes a comprehensive inventory of assets that stays updated over time so your loved ones know exactly what you have when something happens to you. If her parents had had a Life & Legacy Plan, Ms. Benefore would have received the $23,000 years ago, without the time and stress of fighting with the State of Georgia.

My Life & Legacy Planning process starts with education about what would happen to the assets you have, and how you want them distributed after you die. From there, we’ll go through the many options available to you so you can pick the right plan that works for you and your family.

We work with you throughout the planning process to create a thorough inventory of your assets that’s kept private (and maintained and updated throughout your life) until your family needs it. With a Life & Legacy Plan, you have peace of mind knowing that your loved ones can’t access your money while you’re alive (unless you want them to), but they’ll also be able to get to it easily after you’re gone. No worrying about losing your hard-earned money to the government.

And if you’ve already created your Life & Legacy Plan with us, you already know how important it is to keep your asset inventory updated, so keep an eye out for our reminders to review and update your plan. However, if you know now that you need to update your plan due to a life change or a change to your assets, don’t hesitate to call us right away.

Ready to Secure Your Assets? We Can Help

There is way too much money in the State Treasury Departments not to take notice. But by reading this article and educating yourself, you’re already on the path to protecting your assets for your loved ones. We can guide you the rest of the way.

As a Personal Family Lawyer Firm, we help you create a Life & Legacy Plan so that your plan works when your family needs it to. Once you’ve created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected. It’s the last and greatest gift you can give to those you love most.

Would You Make This Million Dollar Mistake?

shaira@younglawnv.com (Sharia Young) — Mon, 05 Aug 2024 15:23:39 GMT

Imagine this: You're in your twenties and you fill out a form at work, naming your significant other as the beneficiary of your retirement account. Fast forward 28 years - you've long since broken up, lived a full life, and died, and your ex gets your now-million-dollar nest egg. Sound far-fetched? It's not.

What Happened?

In the 1980s, Jeffrey Rolison dated Margaret Sjostedt, and the two lived together. Rolison worked at a Procter & Gamble (P&G) plant, where he signed up for a profit-sharing and savings plan. In 1987, he listed Sjostedt as the sole beneficiary of his retirement account. The relationship ended two years later, and both moved on. Sjostedt eventually married, taking on the last name Losinger.

Rolison, however, never updated his beneficiary designation on his retirement plan. In 2015, Rolison passed away at age 59, single and childless, with no will and no guidance on who should inherit his assets. His retirement account, which had grown to $1.15 million, was still designated to Losinger, nee Sjostedt.

Rolison’s brothers, Brian and Richard, were shocked when they learned that Losinger was the beneficiary of Rolison’s retirement account. They believed their brother wouldn't have intended for his long-ago ex-girlfriend to receive his retirement savings. The brothers filed a lawsuit against P&G and Losinger in 2017, trying to get the money directed to Rolison’s estate.

On April 29, 2024, an appeals court issued an order, ruling that Losinger was entitled to the money. After fighting for four years, Rolison’s family lost their claim, the million dollars in Rolison’s retirement account, and all the legal fees and court costs invested in the fight.

Why Even “Simple Estates” Require Trusted Guidance

Before we go on, I’ll clarify what estate planning is, how beneficiary accounts factor in and why you likely need the guidance of a trusted advisor, even if you think you don’t have an estate, your estate is “simple” or you don’t really need an estate plan.

What estate planning is. Many people consider estate planning something only needed by the wealthy or the elderly. As you can see from this case, that’s just not true. Rolison wasn’t wealthy when he chose to name Losinger as the beneficiary of his retirement account. And he probably wasn’t wealthy when they broke up. Nevertheless, not having an estate plan or the trusted guidance he would have needed to know what he needed, he ended up making his ex-girlfriend a wealthy woman and cost his siblings quite a lot of time and money in the process.

At the most basic level, estate planning is about ensuring all of your assets pass to the people you want, in the way you want, with the right guidance and support to ensure that happens with the least effort, cost and mess possible. And, it’s about ensuring that if you become incapacitated, your wishes are known, honored and able to be followed with the least amount of cost and most amount of privacy possible.

Most importantly, estate planning is about your choices and your freedom. So, how important is it to you that you have a say in what happens to you, your hard-earned assets, and your loved ones when the time comes? If it’s important, you need an estate plan. It’s truly as simple as that. Otherwise, the government gets to decide on your behalf. When you create an estate plan, your wishes override the government’s plan for you and your loved ones.

How Beneficiary-Designated Accounts Factor Into Your Estate Plan

Beneficiary-designated accounts - like retirement accounts or life insurance - are part of your estate plan. Beneficiary designations override the government’s plan for you, and they also override whatever you might have written in your will or trust, if you created one.

From the case I shared here, we learn that Rolison did not have a will, but it would not have made a difference even if he had. Beneficiary designations come before any will or trust, even if you made the designations years ago.

Beneficiary forms are powerful documents. They alone determine who gets your retirement accounts, life insurance policies, and bank accounts, often taking precedence over your will. If you filled out a beneficiary form years ago and haven't updated it, the person named on that form will likely receive the assets, regardless of your current wishes. So the biggest takeaway from the Rolison/Losinger story is that beneficiary accounts are an integral part of your estate plan and should be reviewed on a regular basis. This is why we include a review of all of your accounts, your beneficiary designations and an inventory of all of your assets - plus we have updating programs for ongoing review - in all of our Life & Legacy Plans.

Why You Need Regular Reviews of Your Accounts and Beneficiary Designations

Rolison’s case highlights the fact that it’s easy to forget about your beneficiary designations, especially if they were filled out years ago. However, the case also tells us that neglecting to update your accounts can lead to unintended consequences and legal battles for your loved ones.

In Rolison’s case, his brothers argued that P&G failed to adequately inform him about his beneficiary designation. They claimed the company provided insufficient warnings when it changed service providers and in its monthly statements. However, most companies do not remind you to review and update your beneficiary accounts. When was the last time your bank reminded you to review the beneficiary designations on your checking account (if ever)? What about your life insurance company? And if not, have you taken it upon yourself to check your beneficiary designations regularly? Your life is busy enough. Is this a priority?

If not, it should be. In its decision, the court stated that it ruled in favor of P&G and Losinger because the responsibility for keeping beneficiary information current rests on the individual.

How Accountability Makes All the Difference

Your life is busy. Sometimes, just making it through the day with all your responsibilities can be a challenge, right? Probably the last thing on your mind is planning for your death and incapacity. And maybe the second-to-last thing is reviewing and updating your beneficiary accounts. You’re probably thinking you can do it later.

But the truth is this: “later” could be tomorrow. We all know we will die; we just don’t know when. Death doesn’t care about your age or how busy you are. I’m not saying this to scare you. It’s a fact, and I want you to be prepared so that what happened to the Rolison family won’t happen to yours. Death doesn’t have to be scary. When you plan for it, you’ll find that you can live your life with more purpose and peace of mind, knowing you’ve done the right thing for your loved ones.

If this sounds good to you, know that having a trusted advisor who is there for you throughout your lifetime can make all the difference. That’s why my Life & Legacy Planning process includes regular check-ins and reviews of your plan, including your beneficiary accounts. The best part is you never have to think about it on your own! Unlike most lawyers who do estate planning, I will remind you on a regular basis to update your plan - and keep you accountable for doing so. I’ll also be there for you as life changes so your plan reflects your current wishes. Together, we’ll make sure your family inherits your accounts, not an ex-girlfriend you dated 40 years ago.

We Do the Heavy Lifting So You Don’t Have To

When it comes to planning for your death and incapacity, we do the heavy lifting for you, freeing you to concentrate on your responsibilities to your family, your work, and yourself. As a Personal Family Lawyer Firm, we help you create a Life & Legacy Plan so that your loved ones stay out of court and conflict and that your plan works when you need it to. Once you’ve created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, your property protected, and your plan updated throughout your lifetime.

And if you’ve already created your Life & Legacy Plan with us, keep an eye out for our reminders to review and update your plan. If you know now that you need to update your plan due to a life change, don’t hesitate to call us right away.

Celebrity Estate Plans Series Part 4 of 4: Elvis and the Scammers

shaira@younglawnv.com (Sharia Young) — Mon, 29 Jul 2024 16:14:21 GMT

For the last few weeks, we’ve discussed celebrities and how they planned for their deaths. We started with the King of Pop, Michael Jackson, so ending our 4-part series with the King of Rock, Elvis Presley, seems fitting.

You may be wondering why I’ve chosen to talk about a man who’s been dead since 1977. The reason is that a recent case involving Graceland shows how bold scammers can be. This case is a wake-up call for anyone who owns property or stands to inherit it. So, let’s jump into this bizarre tale to uncover what you can learn about protecting your assets from the unscrupulous actors around you.

How It Went Down

You might think that a well-known property like Graceland would be untouchable, but that didn't stop a mysterious company from trying to steal it. A group calling itself Naussany Investments and Private Lending claimed that Graceland's owners owed them millions from an old loan. They even set a date to auction the property to the highest bidder. But there was just one problem – the whole thing was a scam.

Riley Keough, Elvis's granddaughter and the current owner of Graceland, quickly fought back. She filed a lawsuit, saying her mother, Lisa Marie Presley, never borrowed money from this company or put Graceland up as collateral.

The courts agreed, stopping the sale just in time. Keough’s swift action got the attention of the Tennessee Attorney General’s office, which then turned over the case to the FBI, and a federal investigation is pending.

Unfortunately, there’s been a rise in these types of scams, and they aren’t just targeted at the rich and famous. Scammers are adept at taking advantage of those of us who have never had a top-10 hit. A Wall Street Journal article published on June 3, 2024, breaks down a typical scenario, which is on point:

“Here’s how it works: A fraudster targets your house and assumes your identity, using tactics similar to identity thieves to acquire your personal information and create fake IDs. He or she then tries to sell it to an unsuspecting buyer by executing a forged deed in your name. An alternative scam is to submit a mortgage application in your name to get cash out of the house.”

Often, people don’t find out this has happened until the sale is complete and by then, it may be too late to get the property back. Or at least it would be very time-consuming and costly. Some people cannot fight back because they don’t have the financial resources to do so. The results can be utterly heartbreaking.

If it can happen to Graceland, it can happen to you. So, how can you spot these scams before they spin out of control?

Red Flags You Can’t Ignore

When you're dealing with property, loans, and estate planning, keep your eyes peeled for these warning signs:

Paperwork problems: In the Graceland case, the documents had all sorts of issues. Dates didn't match up, signatures looked fishy, and the notary said she never met Lisa Marie Presley. Always read the fine print and question anything that looks off. You should also consult with a lawyer immediately if you suspect something fishy. A lawyer can confirm your suspicions and help you take action right away.

Ghost companies: According to the news articles, Naussany Investments was hard to pin down. They had no real address, just P.O. boxes, and weren't registered as a business anywhere. Before you deal with any company, especially for something as important as a loan, do your homework. Look them up online, check with the Better Business Bureau, and don't be afraid to ask probing questions.

Timing: The scammers waited until after Lisa Marie Presley passed away to make their move. Be extra cautious about any claims against a deceased person's estate – fraudsters often target families when they're most vulnerable.

Steps You Can Take to Protect Yourself

Know that you can take proactive action to protect yourself and your loved ones, before you notice red flags. Here are some practical steps to ensure your property is protected:

Keep good records: Make sure all your important documents are organized and easy to find. This includes property deeds, mortgage papers, and any loans you've taken out. If someone makes a false claim, you'll have the proof to fight back as quickly as Riley did. Regular review and updates of these documents are crucial.

Be skeptical: If something sounds too good to be true, it probably is. Be wary of unsolicited offers or demands, especially if they come with pressure to act quickly.

Stay in the loop: If you're inheriting property or managing it for someone else, know what's going on. Are the taxes paid? Is there a mortgage? The more you know, the harder it is for scammers to pull a fast one. The reason Riley Keough was able to take action quickly enough to stop the sale was because she was paying attention.

You also want to make sure someone else is paying attention to your affairs in case you become incapacitated. In last week’s article, we discussed what can happen if you become incapacitated and you haven’t planned for it. If you missed it, here’s a sneak peek: it took months for Jay Leno to be able to manage his wife’s financial affairs once she was unable to herself. And as we’ve seen with the Graceland case, months could mean the difference between keeping your property and losing it. If you haven’t planned for your incapacity, schedule your Life and Legacy Planning Session today, and let’s talk about how we can get that taken care of for you.

And this brings us to the most important thing you can do to protect yourself. Incapacity planning isn’t enough. You need a solid and thorough Life & Legacy Plan.

A Solid Estate Plan is the Key

Having a solid estate plan creates a legal framework that's much harder for fraudsters to penetrate. The type of planning I do, called Life & Legacy Planning, is solid and thorough. It covers all possible scenarios so you and your family are prepared for anything that can happen after your death or during your incapacity. It includes an inventory of all your properties and other assets, so you know exactly what you have, and your loved ones will also know if they need to step in and help. A Life & Legacy Plan also includes regular reviews and updates so your plan stays current with changing laws and circumstances, closing potential loopholes that scammers might exploit.

Finally, we can help you ensure your loved ones know about these risks and are familiar with your estate plan. As we’ve learned from Elvis’s estate, the more eyes watching out for fraud, the better.

How We Help You Not Fall Victim to a Scam

Scams are on the rise and the best time to protect yourself is now. As your Lawyer for Life, we help you create a Life & Legacy Plan so that your loved ones stay out of court and conflict and have a plan that works when you (and they) need it to. Once you’ve created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected.

Celebrity Estate Plans Series Part 3 of 4: Jay Leno's Case is No Laughing Matter

shaira@younglawnv.com (Sharia Young) — Fri, 19 Jul 2024 18:00:20 GMT

In this third installment of our four-part celebrity series, we discuss a topic that no one wants to think about as it may seem to be a fate worse than death: incapacity. Find out what Jay Leno and his family can teach us about the need to be prepared, no matter what happens.

What Incapacity Is and What It’s Not

If you become incapacitated, you’ve lost the ability to make sound financial, medical, or legal decisions for yourself. You may even make harmful decisions or be unable to communicate at all. Incapacity can result from several circumstances, including a tragic accident, a serious, end-of-life illness, or aging-related challenges, such as dementia or Alzheimers. Like death, incapacity can strike at any time and at any age. Once it does, it’s too late to get your affairs in order, and your loved ones will be stuck with a mess.

This may seem obvious, but stay with me: It’s important to note that incapacity occurs while you’re alive. I say this because estate planning, to some degree, has much to do with timing. You can have a plan and create documents that deal with your incapacity. However, that plan and documents become null and void once you die, and another plan and set of documents are needed.

Here’s why this matters to you: If you’re like many people, you’ve heard of a document called a Power of Attorney. You may even have authority for an aging relative under a Power of Attorney. In my practice, however, I've found that most people don’t realize that the authority granted under that Power of Attorney ends as soon as the person granting the power dies. So, while you may be able to access your loved one’s checking account to pay bills while they’re alive, that ends immediately at death if your access was under a Power of Attorney. You must then get separate authority - from a court if assets are not held in a trust - to handle the remaining assets after death.

This means your incapacity planning and post-death planning must work together so the transition is handled smoothly and with as much ease for your loved ones as possible. And that brings us to the Leno case.

So, What Happened In the Leno Family? (And What It Means for You)

Mavis Leno, Jay's wife of more than 40 years, is battling dementia and has reached the point where she can no longer handle her financial affairs. So, Jay had to go to court (essentially filing a lawsuit against his own wife) to be able to manage her finances. After a few months, the court ruled and gave Jay the authority he requested. That’s essentially the entire story. But we can’t stop there! Even from just three simple sentences above, several key takeaways exist.

Here are the highlights:

Even though they were married, Jay did not have automatic authority to manage Mavis’s finances. And neither will you if you’re married and your spouse has separate assets. Any assets or accounts you own are your property and your property alone. Marital status is irrelevant. And, if you don’t have advance planning in place, your spouse could need to go to court and sue your “estate” to get appointed and be able to take control of your assets.

Leno had to file a lawsuit (against his wife) to gain control of his wife’s finances. That’s the process, no matter what State you’re in. If you don’t have advance planning and you become incapacitated, someone will need to go to court to get authority, even if you have powers of attorney in place. And it will cost time (a few months in most cases) and money. While waiting for the court to rule, you won’t be able to pay your spouse’s bills using their money (or they may spend away, unaware of what they’re doing). That leaves you with two options:

You can pay the bills with your money and then get reimbursed later. This may be fine, especially if you have the financial means. But if you don’t have immediate access to cash, say your spouse paid all the bills from their account, this could mean trouble and potential loss of the asset. Or, bills simply go unpaid. Maybe you can explain the situation to the financial institution, and they will be patient while the court process plays out, but this doesn’t always happen.

The court process is set up for conflict, and the more conflict there is, the longer the process will take. In Leno’s case, he and Mavis have been married for over 40 years, and it’s their first and only marriage (relationship goals, right?). Given this fact, it’s reasonable to assume that no one challenged Jay’s request. But what if one of them had been married before and had children from the prior marriage? And what if one of those children wanted to ensure they got their inheritance and didn’t want the step-parent to have any control over the money? Sadly, this happens all the time. When it does, the case can go on and on, meaning court costs go up, and the assets in question could be at risk due to the time delay.

Leno’s personal and family information became public knowledge, but not because he’s famous. In most States, you must disclose your address, your family members and their addresses, and information about the financial assets. The Leno family's story is available for all of us to read, not because he’s famous, but because they had to go to court.

This can be problematic because scammers are paying attention. They tend to pay particular attention if you (or someone you love) are vulnerable, especially if you’re older. I could write books about how often older people fall prey to these scams. And they’re all terribly disturbing.

So, what have you gleaned from these insights so far? If anything concerns you, know there is a much better way this could have been handled. And this better way lies within your reach.

A Life & Legacy Plan Keeps Your Affairs Private and Your Family Out of Court and Conflict

A Life & Legacy Plan solves the problems that left Jay Leno having to sue his wife’s estate to get access to her accounts. With a Life & Legacy Plan in place, you would have a seamless, easeful transition from capacity to incapacity and then to death. There’s no time delay; assets can be immediately available when you need them. A Life & Legacy Plan can also keep you and your loved ones out of court and conflict, saving time and money and keeping all your affairs private.

When you work with me to create your Life & Legacy Plan, we’ll ensure your plan stays updated throughout your lifetime. This is critically important because if your estate plan doesn’t reflect your current life circumstances at the time you need it, then it simply won’t work. That means you end up in court, just like the Leno family. Now, for context, most attorneys do not make sure your plan stays up to date. But I’ve seen too many plans fail because of it, so together, we’ll review your plan at least every three years and make updates as necessary.

We’re Here for You Throughout All Of Life’s Changes
Incapacity planning is more crucial than ever, especially with cases of dementia on the rise. According to Alzheimer’s Disease International, over 55 million people worldwide currently have dementia, and that number is expected to increase to 78 million by 2030. Whether you’re diagnosed with dementia, another severe illness, or a terrible accident that results in your incapacity, a Life & Legacy Plan will help ensure you’re prepared, no matter what happens.

As a Personal Family Lawyer Firm, we help you create a Life & Legacy Plan so that your loved ones stay out of court and conflict and have a plan that works when you (and they) need it. Once you’ve created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your personal information kept private.

Celebrity Estate Plans Series Part 2 of 4: Vanilla Ice Has Thoughts

shaira@younglawnv.com (Sharia Young) — Mon, 15 Jul 2024 15:32:01 GMT

In this second article of our 4-part celebrity series, Vanilla Ice chimes in with his estate planning experience, advice, and lessons learned on a video he posted to his YouTube channel. He has a lot to say! I'll share some comments users posted with their takeaways, and I'll pull out a few lessons that we can learn, too.

Vanilla Ice (Really) Hates Estate Taxes

Vanilla Ice shares the story of his buddy Mark, whose parents owned a sprawling property in Palm Beach, Florida. When they passed, Mark and his siblings sold the estate, expecting to be set for life. But estate taxes ended up taking over 80% of their profit. Ouch.

Vanilla Ice calls this tax a "generational wealth killer," and he’s not wrong. Estate taxes can sneak up and bite a huge chunk out of your wealth. And the thing is, with a proper estate plan, this doesn’t have to happen! The key is to educate yourself. Knowing what you’re up against helps you plan smarter so that more of your hard-earned assets reach your heirs.

In the comments section of the video, one user wrote that he agrees. He says, “as a Certified Public Accountant (CPA), I love Rob's recommendation to gain an understanding of taxes. We spend more on taxes than everything else in life.”

I agree too! I believe that education is the most important part of estate planning. That’s why my planning process begins with a Life & Legacy Planning Session, where you’ll get the plain and simple education you need to make wise decisions about your planning, including how to keep your family out of court and out of conflict, minimize taxes, and ultimately create a plan that works for you and the people you love, when they need it.

So, first lesson: if you suspect your family could pay estate taxes at the time of your death, don’t wait to plan. There’s way too much at stake. Give us a call, and let’s get you in the know about the kind of planning you want and need for yourself, and the people you love. .

Let’s talk life insurance next.

Vanilla Ice Thinks Life Insurance is Cool
Life insurance isn’t just for covering funeral costs – it’s a secret weapon in estate planning. Vanilla Ice suggests “maxing out your life insurance” to pass on as much money to your kids as you can. What makes life insurance “cool” is that death benefits aren’t subject to income tax, meaning your heirs can get more bang for your buck than if you were investing the money you’d put into life insurance premiums into just about any other asset class.

It’s worth considering what Vanilla Ice suggests here. When you take out a life insurance policy, the payout can cover any necessary taxes, probate fees, and debts, ensuring your heirs receive the lion's share of your assets. Life insurance can help with short-term needs, like paying off a mortgage, or it can serve your family’s long-term needs, like maintaining the lifestyle to which they’re accustomed.

When you get educated via our Life & Legacy Planning process, we’ll look at your life insurance, whether you have the right amount and the right type, and ensure you are 100% clear on what it might mean to “max out your life insurance” and if you really should do that. We’ll consider whether you need more insurance, less insurance, or a different kind of insurance altogether based on your family dynamics, assets, and what you want for the people you love after you are gone.

Second lesson: If you want to be cool, make the right type and kind of life insurance part of your planning.

Ice Says Trusts Are Not Just for the Rich and Famous (and He’s Right!)

Trusts might sound like something only the super-wealthy need, but they’re a smart tool for anyone looking to protect their assets. One commenter agreed, saying he’s learned this from experience, “It isn’t just millionaires that need planning. I’ve seen families torn apart fighting over $100,000 or less. Siblings not speaking to each other again over $50,000.”

Ice mentions irrevocable trusts specifically. These types of trusts let you transfer assets to a beneficiary while removing the assets from your taxable estate, ensuring your assets aren’t subject to estate taxes. Any assets placed in an irrevocable trust are also protected from legal judgments and creditors IF you do it the right way and in the right jurisdiction. Don’t go at this one alone. But if it’s something you are interested in, contact us and let’s talk. In the video, Ice jokes about putting his classic car collection into a trust and setting rules, such as his kids can lease but not sell the cars. This kind of protection ensures your heirs benefit from, but don’t squander, the assets. In other words, even after death, you get to determine how your assets will be used. And if you want to protect them for future generations, you can. This is one way to create generational wealth.

So now we’re up to our third lesson: If you want to protect and preserve your assets for generations, take Vanilla Ice’s advice and utilize trusts in your planning.

Ice Has Some Not-So-Nice Things to Say About Lawyers

While trusts can undoubtedly be a useful tool in estate planning, Ice has some, let’s say, not-so-nice things to say about some lawyers who draft trusts for their clients. He calls them “vultures.” Yikes. One commenter couldn’t resist throwing in a lawyer joke, saying, “What do you call a 1,000 lawyers @ the bottom of the sea? A good start.”

Believe me, I’ve heard all the lawyer jokes out there, and I’ll say this. They wouldn’t be “jokes” if people didn’t find them funny. And people find them funny because there’s some truth in them. Sadly, lots of people have had a bad experience with a lawyer in the past.

Ice aptly describes what a bad experience looks like: the lawyer confusing you by using complex language and legal concepts, selling you documents you don’t really need, and charging way too much for what the lawyer offers. He warns against blindly trusting lawyers like this.

And, he’s right.

It is exactly why I have the processes in place that I have. My Life & Legacy Planning process has been developed precisely to ensure you are well-counseled to understand all the decisions you are making, we never put in place documents that we know are likely to fail, and that you choose your own fees through our education process.

Our education first process is designed so you understand enough about how the law works in your unique situation so that you can make wise choices and be your own best advisor first and foremost. Our pricing model is all flat fee, agreed to in advance, no gimmicks, no surprises, and all chosen by you. No tricking you with fancy legal language and then charging you an arm and a leg for something you don’t need - or even want.

This brings us to our fourth and final lesson: hire a lawyer you can trust to be there for you and your family, for life and beyond.

Put Vanilla Ice’s Advice Into Action Today
Vanilla Ice’s video brings forward lessons everyone can benefit from. By understanding your options, including how taxes and life insurance impact your family and assets specifically, and considering the use of well-counseled trusts, you can safeguard your assets and ensure they benefit your loved ones the way you want. To quote his classic hit, “Ice Ice Baby,” ‘Anything less than the best is a felony.’ Take these lessons from Vanilla Ice to heart, and start building a solid estate plan today. Your future generations will thank you for it.

As your Lawyer for Life, we help you create a Life & Legacy Plan rooted in education and clarity, so your loved ones stay out of court and conflict and your assets are protected. And once we’ve created your plan, you can rest easy knowing you’ve done the right things for the people you love most—word to your mother.

Celebrity Estate Plans Series Part 1 of 4: Michael Jackson

shaira@younglawnv.com (Sharia Young) — Mon, 08 Jul 2024 16:57:42 GMT

This week, we're going to turn the spotlight on Michael Jackson. Even if you aren't old enough to "Remember the Time" when Michael Jackson was dominating the charts, by the end of this article, you'll see that he left holes in his estate plan that we can learn from.

It’s As Easy as “ABC” (and 1, 2, 3)

Before we take a look at the specifics of Michael Jackson’s story, let’s dispel a myth about estate planning: That it’s only for the rich or philanthropic. You do not need to be rich, philanthropic, or famous to need estate planning. You need estate planning if you own anything - even a bank account - and have people in your life you love. It’s as simple as that (dare I say it’s as simple as “ABC” and 1,2,3?). So as you think about your own estate planning, it's time to "Beat It" past the misconceptions so you’re empowered to do the right thing by your loved ones.

So what happened in Michael Jackson’s case? He had an estate plan that included a Will, and the Will established trusts for his mother, Katherine, and his three children, Paris, Prince, and Bigi.

Let’s stop right there because there’s already an increased potential for conflict with this setup.

When your assets pass via “Will” (instead of via Trust), your assets must go through a court process called probate, which, my mentor says, is a “lawsuit you file against yourself with your money for the benefit of your creditors.” Subjecting your assets and your family to probate can result in a long, time-consuming, and messy court process that can be unnecessarily expensive to resolve. Plus, the court process is entirely public, meaning anyone can access the records and see information about your assets and family that you would rather keep private.

A trust, on the other hand, bypasses the court process altogether, as long as your assets are owned in the name of the trust when you become incapacitated, or when you die. If your assets are properly transferred and retitled into the trust (this is called “funding” the trust), your estate can be administered privately and often takes less time than the court process does. A trust can be set up and funded while you’re alive, thereby avoiding probate, or it can be a part of your Will. When it’s part of your Will, like in MJ’s case, it isn’t established or funded until after the court process has played out. So if you’re trying to keep your family from going through the court process, putting a trust in your Will completely defeats the purpose.

Here’s what we’ve learned so far: if your intent is to keep your loved ones out of court and conflict, creating a Will alone is a “Bad” choice.

Peace of Mind For the “Man in the Mirror”

Since Michael Jackson’s assets were not owned in a trust, and instead his assets needed to pass via Will, there have been ongoing legal matters in court, which still aren’t resolved 15 years (yes, you read that right) after his death. Currently, MJ’s family is embroiled in a dispute with the IRS, and so the trusts he intended to be created for his mother and children remain unfunded, and therefore, some of his assets cannot be transferred to them, in the way it seems he intended. It’s also highly probable that the legal disputes continue to cost the estate a lot of money. That’s money that would have gone to his mother and children otherwise.

To make sure the people you love receive your assets in the way you want, I cannot underscore the importance of education and intent. This is exactly why my Life & Legacy Planning process begins with educating you first. The first time we meet, I will show you exactly what will happen to your family and your assets after your death, based on your current plan (or the state’s plan for you, if you don’t have a plan). From there, I help you make intentional decisions about what’s right for you and your loved ones, based on your desires, your assets, your family dynamics, and your budget.

Taxes - A Potentially “Dangerous” Situation!

The Jackson estate's ongoing battle with the IRS also serves as a stark reminder of the tax implications that can affect your plan and your loved ones. When it comes to taxes, you can’t think in terms of "Black or White" – there are many shades of gray to consider. If you intend to avoid as many taxes as possible, you don’t want to cut corners by either doing your estate planning cheaply or on your own. That could be “Dangerous!” I can help you create a comprehensive plan that minimizes taxes as much as possible, potentially saving you and your family (lots of) money.

Speaking of saving money, taxes can significantly reduce the value of what you pass on to your heirs, which has a direct impact on your loved ones. To minimize this impact, together you and I will explore different strategies such as gifting assets during your lifetime, establishing irrevocable trusts, or using life insurance policies to cover potential tax liabilities.

So our next lesson from Michael Jackson’s story is: when it comes to saving money on taxes, the stakes are too high to go at it alone. Work with a professional who can advise you properly. We aren’t clear why Michael Jackson didn’t get the kind of support necessary to minimize taxes and protect his estate from a long drawn-out court process, but what we do know for sure is that we can help you and your loved ones.

Avoiding the “Thriller” of Legal Disputes

The Jackson case also highlights the importance of choosing the right representatives for your estate. These are the people who handle your affairs after you’re gone (they’re called “executors” if there’s a Will or “trustees” if there’s a Trust). MJ’s family members have criticized the representatives for the way they’ve managed the estate. In particular, Katherine Jackson has alleged that the executors have been too frugal and are holding onto assets to maintain control.

There’s always a possibility of conflict between your representatives and your loved ones, even if you aren’t famous and don’t have millions of dollars to fight over. So to help minimize the potential, we recommend you communicate your intentions to your representatives and to your loved ones during your lifetime. Consider holding a meeting so everyone knows what your wishes are and understands the intent behind your decisions. You may not be able to “Heal the World” on your own, but you can promote healing within your own family and prevent future conflict by opening the lines of communication now. We often facilitate these meetings for our clients.

Also, know that you don’t have to choose family members to be your representatives - even if you feel pressured to do so. If you aren’t sure who the “right people” are, think about people you know who are not only trustworthy but also capable of handling complex financial and legal matters. There’s also the option of choosing a professional representative, as Michael Jackson did, who might be more appropriate for your situation. When you work with us, we’ll be there to “Rock With You” through all the different scenarios that could arise, so you can then choose the right people for your unique circumstances.

Our two final lessons from Michael Jackson’s story are these: 1) Communicate your wishes openly to your representatives and your family, and 2) Choose the right people to act for you when you no longer can.

By learning from the challenges faced by Michael Jackson’s family, you can ward off the possibility of a similar outcome for your loved ones. Your careful planning today can pave the way for a smoother transition of your assets in the future, ensuring that you are able to support your family after you’re gone, rather than creating a mess for them to handle without you. I’m here to serve you and help you ensure your estate doesn't become a "Thriller" of legal battles, but instead a harmonious transition that would make even the King of Pop proud.

“You Are Not Alone” - We’re Here for You

It’s “Human Nature '' to want to avoid thinking about your death, much less plan for it. We get it. But when we face our mortality, we’re able to live a more fulfilling life. The good news is that you don’t have to deal with it alone. We’re here to support you every step of the way.

As your Lawyer for Life, we help you create a Life & Legacy Plan from a place of education and intention, so that your loved ones stay out of court and conflict. And once you’ve created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your legacy preserved.

Value Freedom? Here's Why an Estate Plan is Your Declaration of Independence

shaira@younglawnv.com (Sharia Young) — Mon, 01 Jul 2024 22:29:13 GMT

As you celebrate the Fourth of July and all it represents - freedom, independence, and the pursuit of happiness - take pride in the ultimate American liberty: the right to decide your own affairs, even after death or in the event of incapacity.

You Have a Plan: It Just May Not Be What You Want

The first thing to know is that you already have a plan for what happens in the event you become incapacitated or when you die. You may not know what that plan is, and you may not like what that plan is! You see, the government has created a plan for you, without your input. Or, you may have already created your own plan, but didn’t really understand the choices you made, haven’t updated it, or may not even own your assets in a way that has them covered by your plan.

When you have a Life & Legacy Plan, you get to override the government’s plan for you with your choices. YOU get to decide exactly how you want your assets collected and distributed - whether that's providing for certain loved ones over others, leaving assets to chosen family members, who aren’t related by blood or marriage, but who have become close kin to you by choice, or donating portions to charitable causes near and dear to your heart.

With a Life & Legacy Plan in place, you maintain that plan throughout your lifetime, so as your assets change, your life changes, and the law changes, so does your plan. It grows with you, rather than becomes stale and outdated over time. Because you aren’t a stagnant human. You are evolving, changing and likely growing. Your plan needs to evolve, change and grow along with you, otherwise it’s not even worth the paper it’s written on.

The Liberation of Making Your Decisions With Eyes Wide Open

Planning for incapacity or death is the equivalent of planning for your best possible life, and for the best possible life of the people you love. It may not have ever been presented to you that way, but think about it - if you accept that you are going to die one day, and you may become incapacitated first, and you want your family and assets to be cared for in a certain way when those things happen, wouldn’t that naturally inform choices you’ll make around the allocation of your resources throughout your life?

We call this “eyes wide open” decision-making, and it leads to the most optimal use and allocation of your resources throughout your life, and makes things as easy as possible for the people you love, in the event of your incapacity or death. For example, when you consider how you want to be cared for in the event of your incapacity, and document those choices, you can then ensure you have the necessary close personal relationships to deliver on your desires, as well as the required financial means to provide for yourself or the people who will care for you (or your kids). Otherwise, you are just leaving it up to happenstance … or a judge … and we call that “eyes squeezed shut/pretend it’s not going to occur” decision-making, and it’s not responsible, mature or kind to yourself or the people you love.

The Power to Choose

The most mature, adult and loving thing you can do for yourself and the people you love is to clarify well in advance how you want to be cared for, if you cannot care for yourself, who should make decisions for you, and how you want those decisions to be made. In addition, it’s critical to provide a roadmap for the people you love, so they know what you have, where it is and how to find it.

Establishing a Life & Legacy Plan does all of that, and it doesn’t matter how much or how little you have because your loved ones will have to deal with it, whether it’s a little or a lot -- and your choices while you are living, healthy and clear empowers them and minimizes their outlay of time, energy and attention they may not have, especially during a time of grief. With a Life & Legacy Plan we help you create, you can also account for special circumstances like children or spouses from previous marriages, loved ones with disabilities, or family members you intentionally want to omit. No more worries about assets getting unfairly split or ending up in the wrong hands.

Finally, holding a family meeting can unite your loved ones around a shared understanding of your intentions rather than driving them apart through conflicts and differing interpretations of your wishes. Your Life & Legacy Plan gives you the power to choose to create more ease for yourself and the people you love.

A Declaration of How You Want to Be Remembered

Your Life & Legacy Plan represents your final declaration of the values and life experiences you'll impart to loved ones and the world at large. Use this opportunity to put your final stamp on how you want your individuality and life's purpose remembered, rather than leaving it up to chance, or leaving a legacy of mess and drama.

All of our plans include a Life & Legacy recording that guides you to express your deepest hopes, guiding wisdom, and ethical frameworks acquired over decades of successes, struggles, and personal growth. You will share cherished stories, meaningful quotes, and carefully-cultivated philosophies that give your life meaning. The Life & Legacy recording is the most meaningful gift your family will cherish and carry into future generations.

So, this Independence Day, make your own personal declaration of freedom by establishing your own comprehensive Life & Legacy Plan. Take pride in exercising your liberties to the fullest by removing all uncertainties over your final affairs and ensuring your true wishes will be honored.

Let Us Be Your Life & Legacy Planning Partner

As your Lawyer for Life, Life & Legacy Planning is all we do. We work with you to craft a plan on your terms, taking into account what you want, not what someone else has decided for you. And once you’ve created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your legacy preserved.

The Surprising Connection Between Men's Health and Estate Planning

shaira@younglawnv.com (Sharia Young) — Fri, 21 Jun 2024 18:48:43 GMT

June marks Men's Health Month, a time dedicated to raising awareness about health issues predominantly affecting men and encouraging the early detection and treatment of disease among men and boys. So this month, let's turn the focus to you, gentlemen. You already know that taking care of your health allows you to prolong your life and enhance your quality of life. But have you given serious thought to how your health directly impacts your future? Your legacy? The ones you love most?

What we're talking about here is estate planning, and it's every bit as important as your physical health. I know, I know, it could sound weird to equate health with estate planning, but hear me out. By the end of the article, the connection will be clear.

The Link Between Your Health and Estate Planning

Estate planning often brings to mind wills, trusts, and other legal paperwork, and in fact, that’s maybe what you initially thought when you read the title of this article. However, I want to challenge that assumption with this: the documents are merely the byproduct of estate planning.

You may be thinking, How are documents the “byproduct” of estate planning? Here’s what I mean.

Estate planning is all about ensuring your wishes are honored if you become incapacitated so you can live and die with dignity. It’s also about ensuring that the people you love most will know you loved them, that they’re cared for when you’re gone in a way you cared for them while you lived, and that you’ve removed all the pain, potential conflict and expense they will have to endure if you have no plan in place. Estate planning supports your loved ones to grieve in peace rather than face a long, expensive court process or confusion regarding how to find your assets or understand what to do when you are gone.

Estate planning is also about leaving a legacy. Contrary to what you may be thinking - that legacy is not only related to money and reserved for the wealthy and philanthropic - legacy is about the mark you make on those you hold most dear. It’s about defining your humanity and what you stood for. Putting your affairs in order now so your loved ones don’t have to deal with a mess later is a legacy, too. Making it clear that you loved your family is a legacy.

What about health? How does your health connect with estate planning?

Your health plays a significant role in shaping your preparations for the future in general, and how you structure your estate plan in particular. I want to first say that while “health” can refer to mental health, emotional health and spiritual health, and all are important, we’ll focus on physical health here.

So let’s take a look at the direct link between your physical health and estate planning. You’ll come to see that by prioritizing your physical health, you can not only enjoy life with more ease, but also avoid complications in your estate planning.

Longevity and Retirement Savings. Your physical health has a direct impact on your lifespan, which in turn affects how long your retirement savings need to last. If you maintain good physical health, you’re likely to live longer (yay!) and will need a more extensive plan regarding your assets, for your longer life.

Healthcare Decisions. Consider the potential need for long-term care. Alzheimer's or dementia could require long-term care solutions that you may or may not choose. In your estate plan, it’s crucial to not only make sure you’re financially covered for these possibilities, but to also ensure you’ve made it clear how you want to be cared for, if you cannot make decisions for yourself. There comes a point in time at which it’s too late for you to make your wishes known, and given that you are reading this … now is the time to document what you would choose, if you could not choose.

This is why you need a healthcare power of attorney or a living will in your plan. These are documents that designate the person (or people) you choose to make medical decisions on your behalf if you’re unable to do so. Your designated healthcare agent (or agents) will not only ensure that your healthcare preferences are respected but will also align your medical treatment with your personal wishes. Without these documents in place, a judge (i.e., a complete stranger) could appoint someone to act on your behalf. Maybe even someone you don’t trust or wouldn’t want making decisions for you. Or, in a worst case scenario, a judge could even appoint a professional conservator who could drain your estate financially.

Disability and Its Impact. Poor health can sometimes lead to disability, affecting your ability to manage your own affairs. Including a disability clause in your estate plan ensures that your assets are managed according to your wishes, even if you’re not able to oversee them personally. A revocable living trust can be particularly useful here, as it allows your chosen person or entity to manage your affairs without the need for court intervention. Again, without a plan in place, a judge will make decisions for you, and those decisions may not be what you want.

Having gone through the potential consequences of not prioritizing your physical health and its direct link to your estate planning, let’s turn to practical steps you can take now to make sure you and your family don’t have to experience any negative consequences.

Practical Steps to Integrate Health and Estate Planning

Unless you’re already incapacitated and can’t make decisions for yourself, know that it’s not too late to take action. It’s not too early, either. Death and incapacity don’t discriminate based on age. When you face that fact, and then plan accordingly, you can live life with more ease, more joy, and less stress. Truly.

So if you haven’t planned for the future, here are some practical steps you can take now:

Schedule Regular Check-Ups. It may seem obvious, but regular medical examinations are vital. They not only help in detecting illnesses early but also provide a clear picture of your health, which, as we’ve discussed above, is crucial for accurate estate planning. If you discover a new health condition, you can plan accordingly when you’ve caught it in time. If not, it could be too late to get your plan in place.

Update Your Estate Plan Regularly: As your health changes, so should your estate plan. Make it a habit to review and update your plan on a regular basis or whenever there is a significant change in your health. As a Personal Family Lawyer®, I can not only help you get your initial plan in place, but with a unique process I use called Life & Legacy Planning®, I will always include a free review of your plan at least every three years. This ensures your plan works because it will be updated as your health, life and assets change over time. Without updates, your plan will fail, sending your family to court and increasing the probability of conflict.

Discuss Your Plans Openly: Talk with your family about your healthcare wishes and how they relate to your estate plan. Taking this courageous, and maybe uncomfortable, step, makes a big difference when it comes to decreasing the likelihood of conflict in your family. Make sure to discuss your preferences for end-of-life care, which can create conflict in your family if you haven’t clarified your wishes.

Consult A Professional Who Has Your Best Interests in Mind: I approach estate planning from a place of heart, always keeping your best interests, and by extension, your loved ones’ best interests, in mind. I not only help you to get your plan in place, but also help you keep your family out of court and conflict so your legacy is one of love and care. I can also help you navigate difficult discussions with your family about your wishes, so you can feel confident knowing you’ve done all you can to preserve the family bonds.

How We Support You and Your Loved Ones

As your Lawyer for Life, we recognize the integral connection between your physical health and your estate planning needs. Our commitment goes beyond mere legal documentation; we aim to ensure your life's work and values are preserved with dignity and clarity. By understanding the specific challenges and opportunities that arise from your health, we tailor estate plans that not only protect your assets but also your well-being and your family's future.

This Men's Health Month, take a proactive step toward safeguarding your legacy and enhancing your peace of mind. Contact us to learn how our Life & Legacy Planning process can align your health priorities with your estate planning goals. Schedule your Life & Legacy Planning Session today.

They're Not Kids Anymore! Navigating Your Child's Transition Into Adulthood

shaira@younglawnv.com (Sharia Young) — Sun, 16 Jun 2024 21:55:53 GMT

When your child turns 18, they’re legally considered an adult even though they have a lot more growing to do (though they may not think so!). Just like any other adult, their health and financial information is protected by privacy laws. But unlike any other adult, that’s still your child and you want to be there to support them in a crisis. Unless you’ve planned ahead you won’t be able to step in and support your child.

As an estate planning attorney, I often see families caught off guard when I tell them this. Like those families, you may also assume that as a parent, you’ll always have a say in your child’s medical and financial matters. But you don’t. Under the law, you have just as much access to their medical and financial information as you do for Joe down the street (which is none).

The good news is that with proper planning, you can help your newly-minted adult child navigate this transition and ensure you’re able to step in if something happens. Here I’ll share 3 strategies to help you and your child make the transition to their adulthood as easy as possible.

Strategy 1: Education

The first strategy for a successful transition to adulthood is education. At my firm, I start every client relationship with education. That’s because I believe that education equals empowerment, which supports you to make the right choices for yourself and your family. Young adults also need to be empowered through education. The more you can teach your child about their new financial and legal responsibilities, the more empowered they’ll be to make the right decisions.

If you haven’t already started talking with them about legal and financial matters, now is the time s. Start with a kind of budgeting we call “money mapping”. Explain the importance of tracking their income and expenses, setting financial goals, and investing wisely, both now and for the future.

Help them understand the basics of banking, such as how to use checking and savings accounts, the benefits of maintaining a good credit score, and assist them in setting up their own bank account if they don’t already have one. Explain how to avoid overdrafts and the significance of keeping track of their balance. Introduce them to how to access credit, and use it responsibly. Explain how credit cards work, the importance of paying off balances in full each month, when it’s okay to carry a balance, and the long-term benefits of building a positive credit history.

And let’s not forget your child’s new tax obligations. Teach them how to file taxes, what documents they need, and how to understand their W-2 forms, or what it means to be a 1099. Explain the importance of keeping accurate records and how to navigate basic tax software.

Health care is another critical area where your child needs education. Let your child know that you can’t make medical decisions for them and you won’t have access to their health records anymore - unless they give it to you. I’ll cover which essential documents they need in a minute, but first, let’s talk about the importance of communication in helping them document their wishes properly.

Strategy 2: Encourage Communication

Adulthood often involves having difficult conversations (as if I’m telling you anything you don’t know!). Two of those conversations to have with your child have to do with their healthcare and financial decisions in the event of an emergency.

First off, I want to say that even thinking about your child being in an emergency medical situation is hard to think about, much less talk about. And it will probably be much harder for you than it will be for them. It’s OK. Take a deep breath. You can do this!

After you’ve breathed your way to calm, have an open conversation about what your child would want to happen in various medical scenarios. If they became incapacitated, who would they want to make decisions on their behalf? Both parents or one of you first, then the other? Or do they want anyone else involved in the medical decisions, if they cannot make them on their own. Be open to the possibilities that they have other people in their life that they may want to include, and be glad they are telling you about it, if that’s the case.

Do they know what a ventilator is and whether they’d want one if it became an issue? What about a feeding or hydration tube? And what about resuscitation? It’s necessary to talk about these things so your child’s wishes are honored. Who would they want to have access to them, in case of an accident or an illness? Once you know the answers to these questions, you can help your child create a health care directive and medical power of attorney.

Have the same conversations about finances. Do you know which and how many financial accounts they have? If they’re in college, how will you access their account to stop tuition payments or housing payments if necessary? Will you be able to access their checking account if bills need to be paid? Your child may be reluctant to discuss these matters with you, but assure them you have no intent to violate their autonomy. You simply want to be there for them, if needed.

Strategy 3: Legal Planning
Once you and your child have had these difficult conversations, emphasize the need to get a legal plan in place so their wishes are documented and honored. At the least, your adult child’s legal plan should include the following documents:

Health Care Proxy and Advance Directive. A health care proxy grants someone, usually you, the authority to make medical decisions on your child’s behalf if they cannot. An Advance Directive complements this by outlining their medical treatment preferences in various scenarios, ensuring their wishes are respected even when they can’t voice them.

HIPAA Authorization. The HIPAA Authorization is equally important. HIPAA (Health Insurance Portability and Accountability Act) is designed to protect patient privacy, but it can also prevent you from accessing your child’s medical information without their explicit permission. By signing a HIPAA Authorization, your child can ensure that you can speak with doctors and receive updates on their condition.

Living Will. A Living Will is another important document to consider. This outlines your child’s wishes regarding end-of-life care, such as whether they want to receive life-sustaining treatments. Having these preferences documented can provide clarity and guidance during difficult times, ensuring that their wishes are honored.

Power of Attorney. A Power of Attorney allows your adult child to appoint someone (again, usually you) to manage their financial affairs if they are unable to do so. This can include everything from paying bills to managing bank accounts and handling investments. Without this document, you might find it difficult to step in and help when needed.

It may also be important for your adult child to have a plan in place for what happens after death. If that’s the case, they need a will or trust. Reach out to me and I can educate you and your child on whether post-death planning is needed at this stage in your child’s life.

Finally, life circumstances will change, so let your child know it’s important to review their documents regularly and update them as needed. Encourage your young adult to revisit their decisions periodically, especially if they experience significant life changes such as getting married, moving to a new state, or starting a new job. At my firm, constant contact is part of our process so our clients never have to remember on their own to update their plan. We do the remembering for you.

Your Next Step
Now that you are armed with 3 strategies for navigating your child’s transition into adulthood, your next step is to book an appointment with our firm so we can support you to have these conversations, and to get your child’s legal plan in place.

Now, before you go thinking that you don’t need an attorney and can use a cheap online tool, or even AI, I encourage you to think about what’s at stake. Your child’s health and well-being. Your child’s growth. The opportunity to teach your child about how to prioritize the things that matter most. When I work with you, one of the best things I can do is to get to know your children as they become adults. Ideally, it will be me (or my firm) that they’ll turn to for guidance throughout their lifetime, and to be there for them, when you can’t be. No cheap legal plan can do that.

The Support You and Your Child Need

As Your Lawyer For Life, we know that navigating the transition to adulthood can be challenging, both for you and your child. Understanding the legal changes that come with turning 18 and using the 3 legal documents (and the conversations that go with them) in this article can help you provide the support and guidance your child needs. But you don’t need to navigate this transition alone. We can educate you and your child about their new legal responsibilities, support you to have the hard conversations, and help your child put a legal plan in place.

Contact us to learn how our Life & Legacy Planning process supports your family to make the very best decisions about the things that matter most.

Protecting Your Family: A Guide to Estate Planning for Non-Biological Parents

shaira@younglawnv.com (Sharia Young) — Thu, 06 Jun 2024 17:55:01 GMT

Take the time to safeguard your family's future by putting the proper legal protections in place for yourself and the people you love. You worked hard to build this life--don't let lack of planning put it all at risk.

Establish Legal Parentage

As a non-biological parent, your first priority is to ensure you are recognized as the legal parent of your child or children. This may seem like a given, but the laws around legal parentage can vary significantly between states and get tricky for some families.

For example, imagine your partner gives birth to a child through donor insemination, and you are not the biological parent. In many states, you would not automatically be considered a legal parent to that child—even if you're married. The same applies to same-gender couples who have a child through surrogacy or adopt a child.

Without taking additional steps like a second-parent adoption or other legal processes, you could face an uphill battle asserting your parental rights and decision-making authority about the child's care, education, and other crucial matters. This is the case even if you are co-parenting a child with your partner or spouse who is the biological parent of the child. Build your family’s foundation on a rock, not sand. No matter how your child came into your lives, be sure to take the proper legal steps to ensure you have equal legal standing and rights as a parent, from day one.

Get Vital Legal Documents in Place

Beyond solidifying legal parentage, you need other legal documents in place to protect your role as a non-biological parent:

Medical Consent Forms. These forms explicitly authorize you to make medical decisions for your children in any situation. Without them, a hospital could potentially deny you the ability to consent to a life-saving procedure, if your legal status is called into question.

Parenting Agreement. If you're not legally married to your co-parent, a formal parenting agreement is absolutely critical. This document outlines both party's intentions, roles, responsibilities, and legal rights/expectations for raising the child. It can dictate factors like living arrangements, decision-making powers, financial obligations and more. Without this agreement, a bitter break-up or disagreement could put your relationship with your child in legal jeopardy, especially if there isn’t an obvious framework for who has custodial rights. A thoroughly drafted parenting agreement acts as your concrete evidence of the intended family structure.

Wills and Guardianship. If the unthinkable happens and you (or your parenting partner) were to pass away, your children's guardianship could potentially get caught up in legal battles with blood relatives who may not respect your family situation. The same goes for an unmarried co-parenting situation where your child's other parent may not have automatic guardianship rights. Anytime you go to court, the potential for conflict increases exponentially. So do expenses. It’s always best to avoid the court process if at all possible (and here, it’s possible!).

This makes it absolutely imperative to explicitly document your choice of legal guardians for your children in case you are incapacitated or pass away. A Kid’s Protection Plan, where you nominate guardians for your children, exclude anyone you wouldn’t want, say what happens if they’re with a babysitter and you’re in an unforeseeable accident, prevents family you’d never want raising them from doing so, and ensures they’re never taken into the care of strangers, can not only help prevent ugly custody battles, but also make sure your kids are provided the love and stability they deserve.

These provisions are the way to reinforce your intentions and values about who should care for your children in keeping with the family structure you created. Don't leave it up to a judge's interpretation, who knows nothing about you and your children. Think about it: a judge is a complete stranger. Do you really want a complete stranger deciding what happens to your kids if you were no longer here? Of course not! So take action while you can, and if you are the non-biological parent in relationship with the biological parent, and without clear legal parentage, it’s even more critical - make sure your child’s biological parent has a Kids Protection Plan in place.

Leave a Legacy, Not a Mess
You may have had to overcome many hurdles simply to become a parent to your child or children. Now it's time to ensure you can leave the lasting legacy you envision for them.

With a comprehensive estate plan that works when you and your loved ones need it to, you can capture the immense love, sacrifice and life lessons that went into creating and nurturing your family unit. You can memorialize the values, heritage and core principles you hope to impart on your children and can outline cherished ceremonial traditions you want carried on at important milestones.

As Your Lawyer for Life, we don’t just draft estate planning documents for you, but with our Life & Legacy Planning process, we ensure we create a plan that works for you when your family needs it, and that plan is maintained and updated over time. As a result, nothing that matters is lost, and you won’t leave a mess for the people you love. On top of that, we don’t just ensure you pass on your money, but the intangible assets that truly matter to the people you love. During our Life & Legacy Planning process, we’ll record you speaking about what matters most for the people you love, creating a family heirloom that will be passed on for generations.

How We Support You to Protect Your Family

As your Lawyer for life, we understand that protecting your family goes far beyond just legal documentation. Our mission is to empower you to enshrine your hopes, values and profound love for your children into a comprehensive plan that preserves your family's integrity for generations to come. We take the time to truly understand what family unity means to you—the struggles you overcame, the values you hold dear, the future you envision. And then we help you craft a tailored estate plan that meets your needs.

Give yourself and your children the greatest gift: a lasting celebration of your family's identity, equality and unbreakable bonds. Schedule a Family Wealth Planning Session today to learn more.

Understanding Liability: How to Protect Your Business From Lawsuits

shaira@younglawnv.com (Sharia Young) — Mon, 03 Jun 2024 16:28:35 GMT

Managing a business comes with its own set of challenges, and one of the most formidable is the potential for litigation. Legal disputes can drain your financial resources, consume precious time, and tarnish your company's reputation. However, strategic planning and support from a trusted advisor can significantly mitigate these risks, safeguarding both your personal and business assets.

Understanding Business Liability

Every business owner must understand liability — your legal responsibility for any losses or damages that arise from your business operations. Here are some common types of business liabilities that every owner should be aware of:

Product Liability: Covers injuries or damages caused by defective products your business manufactures, distributes, or sells. An example is the Boeing airplane door defects that are all over the news as this article is being published.

Premises Liability: Includes injuries that occur on your business premises, i.e., someone trips and falls in your building and is injured.

Employee Liability: Occurs when the actions of your employees during work result in harm to others. For example, if your employee is driving the company car for work purposes and is in an accident where someone else is hurt. If the employee is found to be at fault, the injured party can sue your business.

Contract Liability: Occurs if your business fails to fulfill its part of a contractual agreement. This could be anything from failing to deliver a product on time, to not paying invoices, to failing to meet any other obligation you’ve agreed to.

Intellectual Property Liability: Involves legal issues that arise from the unauthorized use of someone else’s protected intellectual property (patents, trademarks, copyrights). See our previous article [ADD YOUR LINK] on how to protect yourself from accidentally infringing on someone else’s trademark.

In addition, you could be personally liable for business operations if certain formalities are not in place. In this instance, your personal assets will be at risk (yep, your personal cash, house, and investments count). You do NOT want this to happen!

Foundational Systems Ensure Protection

To shield you and your business from legal threats, you must start by making sure you have the necessary foundational systems in place. Hands down this is the best thing you can do. Those foundational systems are legal, insurance, financial and tax - or “LIFT.” Let’s dive in a little deeper, since understanding of these systems is crucial.

Legal Systems: Not only should your business be incorporated properly with your State and have all required operating licenses, but your business entity needs to be maintained on a consistent basis. This means you must follow corporate compliance formalities required by the law.

You also need partnership agreements, employee contracts, customer agreements, and an operating agreement or bylaws so you’re fully protected.

Insurance Systems: No matter how robust your legal systems are, life happens, and that’s what insurance is for. Every business owner needs insurance coverage that suits the specific needs of the business, from general liability insurance to more specialized policies like professional liability or cyber insurance and, of course, life and long-term disability insurance.

As the business owner, you may also want to consider key person insurance, or a policy your business takes out on you, or anyone who’s critical to the running of the business.

Financial Systems: Apart from understanding your profit and loss statement, or how much cash you have each month, it’s important to have robust financial systems in place for making strategic decisions as you grow. These include revenue projections, financial planning & analysis, investment strategies, and a regular review of your financials with an advisor to ensure you’re meeting your goals and managing cash flow and growth plans effectively.

Tax Systems: Taxes are your biggest expense. Therefore, it’s important to make sure your business is structured to optimize tax benefits and compliance, because who wants to pay more taxes than they need to, right? And of course, it’s important to know what your estimated tax payments will be, that you’re paying the right amount, and that your payments are timely.

Phew! That’s a LOT. And if all this feels overwhelming, especially when you’re running your business as a full time job, you’re right. You should not try to put all these systems in place alone. You need the help of a trusted advisor who understands your business inside and out, and can ensure you’re doing everything you can to protect yourself. Enter the LIFTed Business Advisor.

How a LIFTed Business Advisor Protects You From Liability

A LIFTed Business Advisor (“LBA”) is a Personal Family Lawyer who provides more than legal advice; they forge a partnership with you so you have a team member who’s as invested in your company’s success as you are. LBA’s are holistic, heart-centered lawyers trained in the foundational LIFT systems, so they guide you to create robust legal, insurance, financial and tax systems that protect you from liability. LBA’s may also have access to a team of experts in the LIFT industries so you get a wide range of support, whenever you need it.

Every LBA’s goal is to be your go-to advisor, meaning, they are available for any questions, any time, no matter how complex. If they can’t figure out the answer, they’ll bring in the right professional who can. Their ongoing support helps you make informed decisions quickly and efficiently, reducing the risk of costly mistakes. Even if your need isn’t business related (say, your teenager is in a car accident), your LBA will help you find the help you need.

An LBA also helps keep you accountable. With regular check-ins to review your LIFT systems, your LBA will know if you or your business is vulnerable to potential liability and work with you to ensure all needed changes are made. Without an accountability partner, your business will (not may ) be vulnerable to liability. Things change. The law changes, tax regulations change, your business grows, and unless you have a trusted advisor who has your back, you’re putting you and your business at risk.

This allows you to focus on growing your business while resting assured that you have a trusted partner looking out for your best interests. Investing in the services of an LBA (whose fees by the way, are affordable and predictable!) is an investment in the future and security of your business, providing peace of mind that you and your business are protected from liability.

Let Us Be the LIFTed Business Advisor You Need

Having a LIFTed Business Advisor on your side not only provides a shield against potential lawsuits but also adds a level of personalized, expert guidance that is invaluable in today’s business environment. This holistic approach ensures that all aspects of your business's foundational LIFT systems—legal, insurance, financial, and tax—are managed in real time.

As your LIFTed Business Advisor, I’m here to serve as the trusted advisor you need so you can free yourself of worry from lawsuits and focus on growing your business. Together, we’ll ensure your LIFT systems are in place and updated and potential threats are taken care of.

Schedule a Business Planning Session with us today to get started.

Memorial Day Reflections: Crafting a Lasting Legacy Through Estate Planning

shaira@younglawnv.com (Sharia Young) — Fri, 24 May 2024 17:01:17 GMT

Memorial Day brings with it an opportunity to reflect on the concepts of mortality, remembrance, and legacy. But what is a legacy, really? And how does it apply to you?

Understanding What Legacy Truly Is

Legacy, at its core, is about connecting the generations, and Life & Legacy Planning is the way to do it. Here’s an example. Consider a teacher who has spent her career fostering curiosity and resilience in her students. She may not have millions of dollars to give away, but she can use her estate plan to leave her personal library to a local school. She may even set up a small scholarship fund in her estate plan so she can continue supporting education long after she’s gone. And, if she has children or close friends she cooks for regularly, she may leave a book full of her recipes they all love. Her legacy then becomes not just about the resources she left behind, but about inspiring future generations to value learning and perseverance, and nourishment.

Similarly, your estate plan can be crafted to perpetuate the principles you deem most important, making your influence felt well into the future.

So now, take a minute to reflect. What principles are most important to you? How do you want to use them to connect your generation to the next?

Estate Planning as a Form of Love

In emphasizing the value of estate planning as the vehicle that allows you to leave a legacy, know that estate planning should be tailored for each person, each person’s family dynamics, and each person’s values. No two people are the same, no two families are the same, and therefore, no two estate plans should be the same. This personal touch transforms estate planning from a mundane task, that most people put off because they don’t see the value, into a powerful act of love.

Proper and customized estate planning can also alleviate the potential for family conflict, which oftentimes results in irretrievably broken family relationships. But when you use estate planning as a vehicle for securing your legacy, it has the power to preserve these relationships and uphold family harmony. Estate planning is then transformed into an enduring gesture of care and love.

Consider as an example a devoted husband and father who deeply valued his family's annual summer retreats to a beloved lakeside cabin. Understanding the special place the cabin held in his and his family’s hearts, he specifically detailed in his Will his wish for the property to remain in the family, passing down to his children and grandchildren.

He also set up a small fund to cover the cabin's upkeep, ensuring that his family would continue to enjoy it without financial burden. In doing so, this loving husband and father not only preserved a cherished family tradition but also created a physical space for remembrance and togetherness, allowing future generations to share in the joy and serenity he found there. This thoughtful element of his estate plan demonstrates how such preparations are acts of love, weaving his memory and values into the fabric of his family’s future.

Take another minute to reflect. How would you craft your own legacy into a plan of action?

Practical Steps to Create Your Legacy

Taking the first step in estate planning can feel daunting, but when you frame it as an act of love and legacy preservation, it becomes a deeply meaningful process. Start by identifying what matters most to you. This could be family traditions, a commitment to charity, a passion for art, or anything else that defines your personal story and values. Begin by listing these priorities and considering how they can be integrated into your estate plan.

Next, consult with Young Law Group, who understands the intersection of legacy and estate planning through a special process called Life & Legacy Planning. A PFL will help you get clear on your values and goals, then together, you’ll create a customized plan that fits you and honors the legacy you wish to leave behind. For instance, if you, like the devoted father in the example above, have a cherished family property, we can advise you on how to set up a trust to manage that property and stipulate how it should be maintained and used by future generations.

We will also record a Life & Legacy Interview that your family will cherish for years. The Interview allows you to express your love, hopes, and reasons behind your decisions and is a comforting and clarifying piece for your loved ones, ensuring they understand your intentions and feel your presence in the provisions you’ve made. You can even record messages to send to beneficiaries that provide stories and details about a special possession or heirloom and why you chose to give it to them.

By taking these steps, you’re not just planning for the future; you’re crafting a legacy that carries your values and love forward, ensuring that your impact on the world persists and that your memory continues to serve as a source of inspiration and unity for those you hold dear.

Memorial Day Is an Opportunity for Action

This Memorial Day, as you reflect on the sacrifices of those who gave their all (and what a legacy that is!), take action to get your estate plan in place. Remember, estate planning is not just for the wealthy; it is for everyone. It's about making your mark, much like the soldiers we honor, whose legacies are remembered for generations.

So let this Memorial Day be the catalyst for you to start or update your estate plan. In doing so, you honor your life and ensure connection among the generations. Just as we come together as a nation to remember, let’s also take steps to put our love into action.

How We Can Help You Take Action Today

As Your Lawyer for Life, we don't merely dispense legal counsel; we empower you to reflect on how you want to be remembered and how you want to pass on the values you hold dear. We take the time to fully understand what’s important to you, and then together, we’ll craft a thoughtful and holistic plan that results in the greatest gift you can leave your loved ones: your love.

To learn more about how we approach estate planning as the intersection of love and legacy, schedule your Family Wealth Planning Session today.

10 Steps to Take Now to Secure a Comfortable Retirement: Part 2

shaira@younglawnv.com (Sharia Young) — Fri, 17 May 2024 16:47:54 GMT

Welcome back to our discussion on securing a comfortable retirement! In the first part of this series, we explored essential steps including estate planning, preparing for long-term care, and passing on your legacy. As we continue with the second part of our series, we'll delve into additional areas that are crucial for ensuring your golden years are not only financially stable but also enriched with independence, health, and continued personal growth. So let's pick up where we left off.

Step 6: Consider Your Housing Needs

Why It’s Important: Adapting your living environment to meet your changing mobility and health needs can enhance your independence and quality of life (and who doesn’t want that?!). As physical abilities change with age, a home that accommodates these changes can help maintain a higher level of independence, reduce the risk of accidents, and potentially delay or avoid the need for an assisted living facility. Moreover, comfortable and accessible living conditions contribute significantly to happiness and well-being in your later years.

Practical Steps: Assess Home Accessibility: Evaluate your home for potential mobility issues and consider modifications like ramps, wider doorways, or bathroom grab bars.

Explore Senior-Friendly Housing Options: If extensive modifications are too costly or impractical, consider moving to a senior-friendly community that offers additional amenities and services.

Find a Personal Family Lawyer in Your Community Who Offers Elder Care Planning. A Personal Family Lawyer (“PFL”) who offers elder care planning can help you navigate your options and create a plan that preserves your assets for your loved ones, rather than draining them for housing and health care costs. Go to personalfamilylawyer.com to find the nearest PFL who offers elder care planning and make an appointment on their website. Many PFLs have virtual offices for your convenience, so if there isn’t a PFL listed in your locality, choose the closest one.

Step 7: Embrace Technology for Independence

Why It’s Important: Modern technology can significantly improve the convenience and safety of daily life for seniors. Technologies that assist with daily tasks can extend independence, reduce caregiver burden, and enhance your overall quality of life. Additionally, health-monitoring technologies can alert caregivers and medical professionals to potential health issues before they become severe, ensuring timely medical intervention.

Practical Steps: Consult with a PFL and Join Their PFL FamilyCare Program. A PFL who has a FamilyCare Program in place has, as one of the benefits of membership, a subscription to a secure, online system that houses your important legal and health care documents so they’re immediately available to doctors, hospitals, and caregivers. This is really important! Most people who have estate plans with health care documents have them stored on a shelf and aren’t accessible when they need them. That’s no good in the event of an emergency. But a PFL has your back.

Health Monitoring Technologies: Employ devices that can monitor vital signs and remind you to take medications. Your doctor may be able to help with this.

Consider Using Smart Home Devices: You can automate lighting, heating, and security to manage your home environment easily. If you aren’t technologically savvy, ask a younger family member to help. Gen Z can figure that out in a heartbeat!

Step 8: Stay Active and Engaged

Why It’s Important: Active engagement in physical, social, and mental activities can significantly enhance your quality of life and health in retirement. Maintaining an active lifestyle helps prevent common age-related health problems, improves mental health, and provides valuable social interactions that can combat loneliness and depression. When you engage in a variety of activities you also keep your mind sharp and gain a sense of accomplishment and happiness.

Practical Steps: Join Community Groups or Clubs: Engage in activities that match your interests, such as book clubs, gardening, or volunteering. If you’re active on Facebook, you can find groups there that meet in your local community. Joining online groups counts too!

Regular Exercise: Participate in senior-friendly exercise programs to maintain health and mobility.

Pursue New Learning Opportunities: Consider taking classes at local community colleges or online to keep your mind sharp and learn new skills.

Step 9: Develop a Sustainable Retirement Budget

Why It’s Important: A well-planned budget is crucial to ensure that your savings last throughout your retirement years. A sustainable budget helps you manage your finances effectively, avoiding overspending and ensuring that you have funds available for unexpected expenses. A good budgeting practice can also help you maintain a comfortable lifestyle while safeguarding against market volatility and economic downturns.

Practical Steps: Identify Essential vs. Non-Essential Expenses: Consider making adjustments to your spending habits if needed to ensure you can cover necessary costs while still enjoying your retirement.

Plan for Unexpected Costs: Include a buffer in your budget for unforeseen expenses to avoid financial strain.

Consult with a PFL. A PFL, as part of their unique PFL Life & Legacy Planning process, will help you get more financially organized than you’ve ever been before.

Together, you’ll create a complete asset inventory (we call it a “personal resource map”, so you know exactly what you have and how long it will last. The inventory also ensures that your loved ones will be able to find your assets after you’re gone, so nothing is lost to the government. Check out your State’s Department of Unclaimed Property website and prepare to be shocked to see how much money has been lost! Traditional estate planning attorneys will not help you, but a PFL includes the inventory as part of every estate plan.

Step 10: Review and Adjust Your Estate Plan Regularly

Why It’s Important: Life changes, and so should your estate plan to ensure it continues to meet your evolving needs and circumstances. Regular reviews ensure your plan works when you and your family need it to, keeping them out of court and conflict after you’re gone. If your estate plan is current with the ever-changing estate and tax laws, chances are it will work and your wishes will be honored if you become incapacitated or when you die.

Practical Steps: Work With a YLG and schedule a Family Wealth Planning Session. As part our Life & Legacy Planning process, we have a built-in cadence of reviewing your plan every 3 years at no charge. However join our VIP, you’ll receive an annual review at no cost. You’ll also receive membership benefits that include special, members-only pricing for updates to your plan.

Regular Financial Reviews: As part of our VIP program, we will also review your asset inventory annually so that it stays up to date. This ensures your family will receive your assets, not the government. If you do not join the VIP, we will review your asset inventory every 3 years with you.

And now we’ve come to the end of our 2-part series on how to enjoy your retirement with ease and peace of mind. I hope you’ve found this information helpful and inspired you to take action right away because what matters most to me is your ability to live a fulfilling life and give your loved ones a legacy they will treasure.

We Can Help Secure Comfort in Your Retirement

At our firm, we do more than just assist with your immediate retirement planning needs; we ensure that your future is as vibrant and secure as possible. The intricacies of adapting your living space, integrating modern technology for better health and independence, staying socially and physically active, and managing your finances can make retirement seem overwhelming. As your Personal Family Lawyer Firm, we simplify these aspects and tailor solutions to fit your lifestyle and aspirations, all within your time and budget.

If you want to explore how we can help you develop a retirement plan that not only safeguards your finances but also enriches your daily life, we encourage you to book a Family Wealth Planning Session with us. Together, let's make your retirement years as fulfilling and carefree as possible.

10 Steps to Take Now to Secure a Comfortable Retirement: Part 1

shaira@younglawnv.com (Sharia Young) — Mon, 13 May 2024 16:27:02 GMT

Retirement is more than just an end to the working years; it's an exciting new phase of life that requires thoughtful preparation and strategic planning. This Older Americans Awareness Month is the perfect opportunity to explore 5 practical steps you can take now to ensure a comfortable and fulfilling retirement.

Step 1: Plan for the Transfer of Your Assets

Why It’s Important: Effective estate planning ensures that your assets are distributed according to your wishes, potentially reduces estate taxes, and can prevent a lot of legal complications for your heirs. Proper estate planning also helps to avoid the public, often lengthy and costly process of probate, ensuring that your heirs have quicker access to the assets you leave behind. Moreover, clear directives in estate planning can prevent family disputes (sometimes resulting in irretrievably broken relationships) and ensure that your specific instructions are followed, preserving your legacy exactly as you intend.

Practical Steps: Consult with a Personal Family Lawyer. A Personal Family Lawyer (“PFL”) always starts the client relationship with education about your options that align with your specific family dynamics, assets and wishes. From there, your PFL will help you create a tailored Life & Legacy plan that works when you and your family need it to, keeping you and them out of court and conflict. Importantly, a PFL can also help you avoid unnecessary taxes before and during retirement (and who doesn’t want that?).

Life Insurance: Having adequate coverage to handle any debts and funeral expenses can provide a financial cushion for those who depend on you. As part of the PFL Life & Legacy Planning process, your PFL can educate you about how much insurance you need and how to pass the funds to the people you want, while avoiding unnecessary taxes and ensuring the funds are available as soon as possible.

Find a PFL in Your Community. Go to personalfamilylawyer.com to find the nearest PFL and make an appointment for a 15-minute consult call on their website. Many PFLs have virtual offices for your convenience, so if there isn’t a PFL listed in your locality, choose the closest one.

Step 2: Prepare for Long-Term Care Expenses

Why It’s Important: As we continue to live longer, so does the probability of needing some form of long-term care. These services, whether in-home care, assisted living, or nursing facilities, can be costly and are not typically covered by Medicare. Without proper planning, the high costs of long-term care can quickly deplete retirement savings, potentially leaving less financial support for spouses or other family members. Furthermore, preemptive financial planning can significantly ease the emotional and logistical challenges of arranging for long-term care.

Practical Steps: Research Long-Term Care Insurance: Investigate different policies early, ideally in your 50s or early 60s, before premiums rise significantly. Compare benefits, coverage limits, and the reputation of insurance providers.

Learn About Government Programs: Understand what Medicare covers and explore Medicaid eligibility for long-term care, which varies by state but generally requires spending down your assets.

Step 3: Pass on Generational Wealth

Why It’s Important: By ensuring that wealth passes effectively to future generations, you can secure their financial future and teach them how to manage and grow that wealth responsibly. Furthermore, generational wealth can enhance the lives of future family members and their communities by providing educational opportunities, fostering entrepreneurship, and supporting philanthropic efforts. It also instills a sense of responsibility and stewardship, which are crucial for maintaining family wealth over generations.

Practical Steps: Educational Trusts: A PFL can help you set up trusts that release funds for your children or grandchildren based on milestones such as graduation from college. These trusts also have tax benefits, and a PFL can educate you about how they work.

Create a Family Investment Plan: Include younger family members in discussions about family investments to educate them about financial principles.

Find a PFL in Your Community. A PFL can not only help you create an educational trust but also asset protection trusts so you can create generational wealth for your family. Go to personalfamilylawyer.com to find the nearest PFL and make an appointment on their website. Keep in mind that many PFLs have virtual offices for your convenience, so if there isn’t a PFL listed in your locality, choose the closest one.

Step 4: Leave a Legacy
Why It’s Important: What your family will treasure most is not the financial gifts you leave, but your life lessons, values, and memories that define your family heritage. A well-planned legacy can inspire and guide future generations, providing them with a sense of identity and belonging to a greater family story. You can ensure that your philosophical and ethical beliefs continue to influence even when you're no longer present, helping to shape the character and choices of your descendants.

Practical Steps: Record Life & Legacy Interview with a PFL: All PFLs include an interview as an important part of their unique Life & Legacy Planning process. The interview ensures your family has a piece of their family history they can hold onto long after you’re gone. They’ll also treasure being able to see you and hearing your voice whenever they want.

Step 5: Cultivate and Share Family Values and History
Why It’s Important: Continuing the idea of leaving a legacy, know that strengthening family bonds through shared history and values helps maintain a sense of continuity across generations. This cultural and historical continuity enhances their psychological resilience and emotional well-being. Additionally, a well-documented family history can serve as a valuable asset for educational and genealogical purposes, enriching the lives of current and future generations. Here are some steps you can take outside of recording a Life & Legacy Interview with a PFL.

Practical Steps: Create a Family Archive: Gather photos, letters and important documents in a digital format to ensure preservation and easy sharing. Enlist the help of a younger family member (Gen Z, anyone?) if you need to. Also consider writing down recipes, stories, and holiday traditions that can be passed down as family legacies. Compile Family Histories: Write or record stories about family elders, significant events, and the origins of family traditions. Note that writing these down the “old school” way, i.e., pen and paper, will be meaningful to younger generations. They’ll love having a piece of paper with your handwriting on it.

Host Family Reunions: Regular gatherings not only help reinforce family bonds but also allow older generations to impart wisdom and traditions firsthand.

So whether you're a few years away or are about to retire now, it’s never too early (or too late!) to start planning. Be sure to check back next week for even more steps you can take to ensure peace of mind when the time comes.

Let Us Help Secure Comfort in Your Retirement

At our firm, we do more than just guide you through estate planning; we provide you with peace of mind, knowing you are free to enjoy retirement. However, understanding the complexities of retirement—from estate planning to ensuring long-term care and preserving generational wealth—can be daunting. That's why, as your heart-centered Personal Family Lawyer Firm, we streamline the process, making it as easy on you as possible.

If you're interested in learning more about how to create a Life & Legacy Plan that secures your comfort in retirement, we invite you to schedule your Family Wealth Planning Session today.

A Gift of Peace and Power for Every Mother

shaira@younglawnv.com (Sharia Young) — Mon, 06 May 2024 16:36:29 GMT

Here’s a Mother's Day gift that keeps on giving: the peace of mind and power that comes with thoughtful estate planning. Estate planning helps you protect yourself, your children and your financial stability so you’re prepared for anything.

Why Estate Planning Matters for Moms (and Dads too)

Imagine having a roadmap that clearly shows how your financial assets, the guardianship of your children, and even your most cherished possessions are handled should anything happen to you. Now imagine that your roadmap is a legal document and the people receiving that roadmap are required to abide by your wishes and are able to easily do so because your wishes are so clear and you’ve left a guide for your family along with the roadmap.

That’s what estate planning is: a legally enforceable plan for your future, and ideally a guide to help your loved ones navigate the plan. And contrary to what most people think, estate planning isn’t just for the wealthy or those who are nearing the end of life. It’s for everyone, including you! Thoughtful estate planning gives you the power to make decisions now that will impact your and your family's future, giving you peace of mind to know you aren’t leaving a mess for the people you love. You may be wondering, “Really? How does estate planning give me peace of mind?” Relax - grab a mimosa or some tea, kick your feet up, and let’s talk about how it works.

Estate planning allows you to specify who will care for your children if you are unable to do so yourself. It’s undoubtedly a tough subject, but choosing a guardian you trust to raise your kids as you would brings immense comfort, and may even guide you to build deeper relationships with the people you’d call upon to care for your children, if you cannot. Knowing that your wishes are written down and legally protected can relieve a lot of stress, and relax any of those “stressful in the background” thoughts about that one person you would never want raising your kids.

Without a plan, a judge would decide who takes care of your children if you cannot, and they might not choose the person you would have wanted. Or worst of all, they may even choose the one person you’d never want raising your kids because maybe they look great on paper. Think about it: a judge knows nothing about you or your kids. They only know what they see in court filings. That’s it. They’d have to make decisions with no input from you. Kinda scary, right?

When done right, estate planning also lets you direct the distribution of your property and finances. Specifically, it ensures your assets are transferred to the people you choose without unnecessary delays, legal hurdles, or family conflict.

This not only secures your children’s future but also simplifies the administrative process at a time when your family should have space and time to mourn and heal, not get tangled in legal complexities. And if they do get tangled up in conflict, it’s highly likely that those relationships will be forever destroyed. That also happens. Again, more often than you may think.

Here’s the bottom line. When you get these things in order, you can die in peace, and that means you live life more fully.

Estate Planning Equals Empowerment

Estate planning puts the power in your hands. It's a declaration of your values and your voice, legally secured to guide your family when you can't be there. By setting out your wishes clearly, you prevent disputes and ensure your legacy lives on exactly as you intend. After all, someone will have to wrap up your affairs after you die, so it may as well be you, now, while you’re living. So step into your power, safeguard your children's future, and cement your role as the heart and protector of your family.

In the process of getting your estate planning handled, when you work with a Personal Family Lawyer® firm, you’re going to learn a tremendous amount about your finances, and your financial literacy is going to grow in a way that will result in you feeling exponentially more financially secure and clear.

Financial Protection In Case of Loss

Estate planning is especially vital if the unthinkable happens and your spouse or partner dies. Many mothers face not only devastating emotional loss but also the potential for significant financial instability - especially if you aren’t the primary breadwinner in your family. An effective estate plan, however, includes setting up mechanisms such as life insurance, trusts, and instructions for pension or retirement benefits, which can provide you with financial support when it’s most needed. There’s absolutely no reason you and your children need to compromise your lifestyle should something happen to your partner.

For example, an estate plan ensures that you have access to joint assets and that any individual assets held by your spouse or partner are transferred to you or your children without delay. This can be critical in preventing financial hardship during an already challenging time, ensuring that you have the resources needed to maintain your home, cover living expenses, and continue to provide for your children’s needs.

The Personal Family Lawyer Difference

By now, it should be clear that creating an effective estate plan that honors your wishes and secures your and your family’s financial future isn’t as simple as creating a Will. It’s more complicated than that and can be overwhelming, particularly with the legal jargon and the multitude of decisions that need to be made. These decisions are hard, too. When you’re living your life, probably the last thing you want to think about is your death. You’d probably rather have a root canal.

Fortunately, you don't have to navigate the process alone. Personal Family Lawyer firms, like ours, are uniquely trained, and trusted advisors who can guide you through the process, ensuring that your plan fits your specific circumstances and family dynamics. Here’s a bonus: A Personal Family Lawyer can also advise you on tax implications and the best ways to structure your finances to benefit you and your heirs. Yay! (Unless you want to pay extra taxes and give your money to the government instead of your kids, then knock yourself out).

Finally, a Young Law Group is committed to serving you and your family for the long term by checking in to update your plan as life changes, assets change and your kids grow. By working with us, you create a plan that is thorough, thoughtful and works when you and your family need it to.

Let Us Give You the Gift of Peace and Power

At our law firm, we don’t just give legal advice or draft documents. We take your power and peace of mind seriously. We also know that you’re busy. As a Personal Family Lawyer Firm, we have processes in place that make getting your estate plan in place as easy as possible, all while being thorough, thoughtful, and mindful of your time and budget.

If you want to learn more about how we can help you create an estate plan that gives you the Mother’s Day gift of power and peace of mind - so you can live life to the fullest - schedule your Family Wealth Planning Session today.

The Dark Side of the Internet: Protect Yourself From Online Scams and Digital Attacks

shaira@younglawnv.com (Sharia Young) — Wed, 01 May 2024 22:31:20 GMT

In the digital age, online scams and cyber attacks are becoming more frequent, posing risks to not only everyday users but also to lawyers who manage clients’ sensitive information. But there’s no need to fear if you take measures to keep your data safe.

7 Tips to Protect Yourself From the Dark Side

Navigating the internet safely requires vigilance and knowledge about potential threats, even as the Dark Side constantly comes up with online scams and attacks designed to steal personal information or harm your devices. Here are some essential steps to protect yourself from these cyber threats and ensure your digital experience remains secure.

1. Verify who you’re interacting with and confirm the identity of anyone asking for personal details online. Scammers often pretend to be from a trusted company. If you receive an email or message that looks suspicious, or even a little off, contact the company directly using information from their official website.

2. Create strong passwords. This is crucial. Your passwords should be long, unique, and include a combination of letters, numbers, and symbols. Avoid using common words or sequences that can be easily guessed. Additionally, use different passwords for different sites. A password manager can help you generate and manage secure passwords.

3. Don’t click on links or attachments without knowing who the sender is. Clicking on links or downloading attachments from unknown sources can be dangerous. These can lead to fake websites designed to steal your information or install malware on your device. When in doubt, don’t click, especially when links come to you via text. Never, ever click a link sent to you via text without verifying that the sender is a real friend or company you are doing business with.

4. Keep your software and devices updated. Regular updates help fix security vulnerabilities. Use antivirus software to protect against malware and other threats.

5. Educate yourself about the types of scams that exist, such as phishing emails that ask for personal information or offer too-good-to-be-true deals. Being aware is your first line of defense.

6. If you get a call from a bank, a government agency or even from a child or grandchild asking for money or gift cards for any reason, or access to your computer, tell the caller you will call them back. Hang up, and call your child or grandchild directly, OR the bank or government agency and find out if they were actually calling you. As an added measure, with your family, have a family “code phrase” that must be spoken out loud in the event of an emergency, such as “blackie is a brown dog” or something unique that only your family would know.

7. MOST IMPORTANT: Never give anyone remote access to your computer, unless it is from a tech support company you engaged with proactively, meaning you called the tech support line on the Company’s website directly, and you initiated the request for support. Scammers will pretend they are from Coinbase or your bank, and tell you they need to access your computer to resolve your account problem. Do not fall for it.

It’s also important to note here that the elderly are the most targeted group for online scammers. So if your parents fall into this age group, pass along this article to them so they are armed with knowledge to protect themselves.

The Dark Side Won This Time, Now What?

Even after taking all these measures, sometimes the bad guys get away with it and scam you, or a loved one. If you think you’ve fallen victim to a scam, it’s important to act quickly. Immediately inform your bank or relevant service provider if you’ve shared any sensitive information. They can take steps to protect your account. You should also update your passwords right away, especially if you believe they may have been compromised. Again, ensure your new passwords are strong and unique. You may also want to report the scam to the alleged sender, so they know someone is impersonating them and can take protective measures themselves. And if applicable, report the scam to the relevant online platform, or even the local police, consumer protection agencies, or internet crime complaint centers.

Rest Easy Knowing We Have Your Back

At our law firm, we don’t just give legal advice; we’re your trusted advisor for life. If you’ve been scammed, we can help you set up your affairs in such a way that there are layers of protection built-in so it doesn’t happen again. As a Personal Family Lawyer Firm, we’re also here for your family. If your elderly parents don’t have an estate plan in place - or it’s been a while since they had it reviewed - we are here for them too. We can help them protect not only their data, but everything they want to pass on to you.

If you want to learn more about how we can help you and your parents create a Life & Legacy estate plan that keeps your family out of court and conflict and ensures your plan works when you need it to, schedule a Family Wealth Planning Session today.

What Happens To Your Social Media Account When You Die?

shaira@younglawnv.com (Sharia Young) — Fri, 19 Apr 2024 18:16:31 GMT

Each social media platform has its own rules for dealing with the accounts of deceased users, ranging from permanent deletion to transforming accounts into places for mourning and memory. Understanding these options is essential for managing digital assets responsibly and respecting your wishes. So let’s take a look at the various policies of major social media sites and what you can do to make sure your accounts are handled the way you want.

What Each Platform Allows

Let’s take a look at the practical aspects and discuss what each digital platform allows or requires. Note that these provisions are updated as of April 2024, as this article is being published.

Facebook. Facebook offers two options for accounts of deceased users: either close the account permanently or convert it into a memorial account where loved ones can share memories. The platform allows you to designate a "Legacy Contact" while you’re alive; someone who can manage your memorialized account by updating your profile picture, accepting friend requests, and posting memories. Importantly, they cannot log into the account or view your private message history.

Instagram. Instagram also allows accounts to be either memorialized or permanently deleted. A memorialized Instagram account will display a "Remembering" label and will not appear in public spaces like the “Explore” section. The process requires proof of death, such as a death certificate, so someone will need to provide that after you’re gone.

TikTok. TikTok permits family members or legal representatives to request the deactivation of a deceased user’s account by providing appropriate proof of death. Unlike Facebook and Instagram, and at the time of this writing, TikTok does not currently offer a memorialization option, so your account is permanently removed once the request is processed.

X. X (formerly known as Twitter) allows the family to close the account of a deceased user. This involves submitting proof of death, after which your account and its contents are permanently deleted. X does not provide a memorialization option.

YouTube. YouTube is covered by Google’s overall policies, which offer a proactive feature called the Inactive Account Manager. This allows you to set instructions for your account if you become inactive for a specified period. You can also choose to have your data shared with trusted contacts or have the account deleted.

LinkedIn. On LinkedIn, immediate family members or colleagues can request to remove a deceased member's profile by providing proof of death. LinkedIn focuses on maintaining a professional network and so does not offer account memorialization.

How to close or memorialize an account

It’s important to know that social media platforms generally discourage logging into a deceased person's account as it poses privacy and security risks. To close or memorialize your account, family members must directly contact the service and provide the necessary documentation. They won’t be able to make a phone call, either - they’ll have to find out how to close or memorialize your account on each site separately, which can be time-consuming and frustrating. But there’s a better way! You can create a plan that helps your loved ones navigate the process. To do that, you need a trusted estate planning lawyer.

What an Estate Planning Attorney Can Do

A trusted estate planning attorney plays a crucial role in helping manage your digital legacy, ensuring that your wishes for your online accounts are carried out after your passing. Here’s what a skilled attorney can do to help ensure that your loved ones have the necessary information and authority to manage your accounts:

1. Create a Digital Asset Plan

An estate planning attorney can help you draft a digital asset plan that details your wishes for each of your online accounts. This plan can specify which accounts should be closed and which should be memorialized. It includes all kinds of digital assets, from social media accounts and emails to digital wallets and personal blogs.

Your attorney can also guide you in appointing an executor, a person who will be responsible for managing your online assets according to your wishes. A knowledgeable attorney will explain the responsibilities involved and help ensure that the executor has the legal authority they need to act on your behalf with various digital platforms.

2. Provide Necessary Legal Documentation

A skilled attorney can prepare necessary legal documents that authorize your executor to access your accounts. This might include special powers of attorney and directives that are included in your will, trust, or in a separate document.

3. Secure Your Account Information

A trusted attorney can suggest secure ways to store your account usernames, passwords, and any other necessary information. This information can be kept in a way that respects privacy and security but becomes accessible to the digital executor or designated individuals after your death.

4. Update the Plan Over Time

As laws and platform policies change, a trusted estate planning attorney can help update your digital estate plan. This ensures that it remains compliant with new regulations and continues to reflect your wishes accurately.

However, it’s important to know that most estate planning attorneys treat their clients as a “one and done” transaction. Once your plan is signed, they won’t contact you again to ensure that your plan stays updated over time. And they won’t explain that failure to update your plan regularly means your plan won’t work when you need it to. Instead, work with a Personal Family Lawyer who will keep in touch for your lifetime to ensure your plan works.

How We Can Help

As a Personal Family Lawyer Firm, we don't merely dispense legal counsel; we safeguard all your assets and guide you to make the right decisions for your unique situation. We take the time to fully understand what’s important to you, and then together, we’ll craft a thoughtful and holistic plan so you and your family can avoid the stress, conflict, and chaos that comes with incomplete planning - including incomplete digital planning.

To learn more about how we approach estate planning from a place of heart and understanding, schedule your Family Wealth Planning Session today.

Navigating the World of Cryptocurrency: A Guide for Parents and Teens

shaira@younglawnv.com (Sharia Young) — Fri, 12 Apr 2024 16:23:05 GMT

In an era where digital innovation shapes every aspect of our lives, it's no surprise that our teenagers are drawn to the allure of cryptocurrency. But before they venture into these waters, parents should be prepared to help them navigate this new world.

What is Cryptocurrency, Exactly?

Cryptocurrency, which folks also call “crypto” is, in essence, virtual money that can be used to buy goods and services. It can also be traded for profit, much like stocks. However, unlike the dollars in your wallet, crypto exists only in the digital world. The crypto universe is vast, with thousands of digital currencies out there.

Crypto is based on blockchain technology, which ensures transactions are secure, transparent, and decentralized, so they're not controlled by any government or financial institution (there are pros and cons to this that we’ll describe below). Imagine blockchain as a digital Lego tower where each block represents a piece of information, and once a block is added to the tower, it can't be removed or altered, making it a super secure way to keep track of cryptocurrency transactions - kind of like a high-tech, unbreakable diary.

A critical component of understanding cryptocurrency is the concept of a crypto wallet. Unlike a physical wallet, a crypto wallet doesn't store currency; instead, it holds secure digital keys that allow access to cryptocurrencies. With me so far?

What Parents of Teens Need to Know

To the younger, digital-native generation, cryptocurrency is an exciting and innovative concept. They’re not afraid of technology and investing online. They’re aware of the potentially significant returns on investments, stories of cryptocurrency millionaires, and the prospect of being part of a cutting-edge financial movement. This is why crypto is very attractive to teens.

Parents should know that while there are no laws specifically prohibiting teens from owning or trading cryptocurrency, most platforms and exchanges require users to be 18 years old. For eager and younger investors, custodial accounts present a solution. These accounts allow parents to oversee their teen's investments, providing a controlled environment where teens can learn about digital currencies.

These accounts not only allow parents to monitor their teen's investment activities but also offer a hands-on educational experience in managing and understanding digital currencies. It's a balanced approach that combines the practical aspects of investing with the security of parental oversight.

And, if you are a business owner, you may want to consider paying your kids, and then putting up to $7,000 of what you pay them into a RothIRA using cryptocurrency and a self-directed IRA structure. By doing this, you can invest that $7,000 in cryptocurrency, and let it ride for the next 50 years … imagine what it will be worth to them then, and it will grow 100% tax-free.

Be Aware of the Risks

While learning how to invest in crypto can be a great learning activity for you and your teen, be aware of the risks involved. For one, the crypto market is highly volatile. Prices can surge or plummet within a short period, making investments speculative and risky. It's crucial to have open discussions with your teen about the importance of not investing more than they can afford to lose, and about the reality of the speculative nature of digital currency. Teach your teen the importance of research, diversification, and long-term thinking and you’ll help instill responsible investment habits that will last a lifetime (and make you proud!).

Most importantly, ensure that you know how to get into their cryptocurrency accounts, in case something happens. And, that someone knows how to get into your accounts as well. The biggest risk to your cryptocurrency investments is that you haven’t documented them such that someone could access your accounts, when something happens to you. Contact us and let us help!

Alternatives and Best Practices

For families that find direct investment in cryptocurrency too daunting, there are alternative ways to engage with the digital economy. Encouraging your teen to learn about blockchain technology or exploring investments in crypto-related stocks and ETFs can provide a safer introduction to the concepts without the direct risks associated with cryptocurrency trading.

However, if you’re ready to make a go at it, here are some best practices to keep in mind:

Foster a Culture of Learning. The rapid evolution of digital currencies makes continuous learning essential. Encourage your teen (and take the opportunity yourself) to stay informed about the latest developments by reading reputable news sources, listening to podcasts, and even speaking with a financial advisor.

Establish Guidelines. Before your teen makes any financial investment, it's important to establish clear guidelines. Discuss together how much time and money is reasonable to invest, the importance of privacy and security in digital transactions, and the expectations for responsible behavior. Setting these ground rules early on can lay a strong foundation for healthy financial habits.

Embrace the Future. Regardless of whether your teen decides to invest in cryptocurrency, understanding this new facet of the financial world is invaluable for you. The rise of digital currencies offers a unique opportunity for parents and teens to learn together about the future of money, technology, and personal finance. It's a chance to explore new concepts, discuss values and responsibilities, and prepare for a future where digital currencies may play a significant role.

Prepare Yourself and Your Teen With Our Guidance

Whatever the future holds, as a Personal Family Lawyer firm, we believe it’s important to educate your children about finances so you leave a legacy of fiscal responsibility when you’re gone. That’s why we help ensure that when you’re no longer here, your assets - including cryptocurrency - are passed on the way you want, easily, and without your family ending up in court and conflict. We do that by approaching estate planning as a relationship - a lifetime relationship with you as your and your family’s trusted advisor so you have someone to turn to in times of change and uncertainty, and in times of joy and excitement.

To learn more about how we can guide you and your family to secure the future you want, schedule a Family Wealth Planning Session today.

Parents, Step-Parents and Children, Oh My! Blended Families + Death = A Potential Nightmare

shaira@younglawnv.com (Sharia Young) — Fri, 05 Apr 2024 18:47:36 GMT

This week we look at a real-life cautionary tale about what can happen in any blended family when the parents leave decisions about their children’s care and inheritance up to their surviving spouse and the state’s laws.

The Unique Dynamics At Play in Blended Families

A “blended family” comes into being when parents divorce, and at least one remarries. While everyone may get along effortlessly while the parent is alive, that too-often doesn’t happen once the parent dies. Why? Because the law still hasn’t caught up to our modern definition of “family.” The law often favors the spouse, which works well when the spouse and the deceased have children together. But when the deceased parent has children from another marriage, the children can - indeed, often are - cut out of their inheritance.

Other than the law being slow to catch up, there are a few more reasons why this happens:

The parent trusts the new spouse completely and can’t comprehend the spouse ever doing anything to harm the children;
The new spouse may place his or her own interest ahead of the children - or have children from a first marriage and want them to benefit instead; or
The parent has not been educated about what could happen when he or she dies, and hasn’t consulted with a competent attorney to get educated.

A True (and Common) Story That Became a Nightmare

In a recent marketwatch.com article , a woman wrote about her own nightmare scenario. Her father (we’ll call him “Dad”) owned several properties, including the house she lived in as a child. He remarried, and when his health started to decline, her stepmother (we’ll call her “Stepmom”) made financial moves so he could qualify for government health care benefits under the Medicaid program. Whereas Medicaid is a needs-based program (meaning, you only qualify if you can’t afford to pay), many people with means are able to take advantage of legal maneuvers and set their assets aside so they qualify. Doing this keeps assets protected for the next generation(s).

So far, so good. It seems as if Stepmom has the children’s interests at heart, right? Not so fast. In order to qualify for Medicaid, Dad had to transfer his assets to someone else while he was alive. That “someone else” was Stepmom. Apparently, she convinced Dad it was the right move and that she could be trusted with his properties. Dad eventually died, and so at the time of his death, Stepmom owned all his properties, including the childhood home. Stepmom went on a selling spree, cashing in on them all. And guess where the money went? If you guessed Stepmom and HER daughter, you’d be right. Dad’s children from his first marriage got nothing.

Wait - Surely That’s Not Legal!

You may be thinking that’s a horribly unfair outcome - so bad that it has to be illegal. But it’s not. It’s completely legal. Once Stepmom owned the properties, she was free to do anything she wanted with them. She chose - deliberately – to give her stepchildren none of the proceeds and under the law, she had the absolute right to do this. The children had no recourse. They’d lose in court every day of the week - and twice on Sundays.

And so we’re left to wonder: is this the outcome Dad wanted? Could he have foreseen Stepmom was capable of cutting out his children? And did he know there was another way he could have protected them and still qualified for government benefits? With education from a trusted lawyer, would he have done anything differently?

How to Ensure Your Children Are Spared From the Potential Consequences

If you want to avoid the same tragic consequences, there are some steps you can take right away:

1. Don’t Be Afraid of the Inevitable: Benjamin Franklin is quoted as saying, “Nothing is certain but death and taxes,” and he was half right (you can avoid taxes with careful estate planning but that’s a topic for another article). Death is certain. Yet we’re all uncomfortable talking about death, much less planning for it. Accept death as a reality then make plans while you can.

2. Hold a Family Meeting: Having a heart-to-heart about your wishes, values and goals can go a long way in preventing misunderstandings after you pass away.

3. Educate Yourself: Hands down the single most important thing you can do is educate yourself, and educate yourself now. Don’t rely on the internet. Laws are different from State to State, families are different, assets are handled in different ways, and the internet won’t take all this into account.

4. Work With a Lawyer Who Understands Your Family Dynamics: One size doesn't fit all when it comes to planning for life & death matters like these! What works for one family might not work for yours. You need a tailored plan to fit your unique needs. You deserve, and your family deserves, to have a plan that works when your family needs it. That’s why you need a trusted, heart-centered attorney who will appreciate your unique situation and educate you so you’re empowered to put the right plan in place. Your family’s future literally depends on it.

Your loved ones don’t have to face tragic circumstances when you pass. With honest conversations, proper education, and guidance from a trusted attorney, you can put together a plan that keeps the peace and makes sure your loved ones are taken care of just the way you want.

To learn more about how we approach estate planning from the heart and yet with all the strategies you need to keep your assets in the family, schedule a Family Wealth Planning Session today.

How DIY Wills and Trusts Offer A False Sense of Security And May Leave Your Family With An Expensive Mess

shaira@younglawnv.com (Sharia Young) — Fri, 29 Mar 2024 20:15:34 GMT

It’s hard to poke around the internet and not find do-it-yourself (“DIY”) Wills and Trusts services. Legal Zoom, TrustandWill.com, and even media personalities Dave Ramsey and Suze Orman offer cheap DIY documents. Heck, you can even create your own Will or Trust for free by downloading a few forms. What these websites won’t do, however, is explain the potential consequences that can happen if you use one of their services.

Legal Documents Have Legal Consequences

The truth is that Trusts and Wills, and other documents that all adults should have in place, like a health care directive and power of attorney, are legal documents with legal consequences. They contain lots of legal language. Even if you think you understand the words, you likely don’t fully understand the nuances in the terminology. There’s a reason lawyers have to complete college, graduate from law school, then pass a bar exam before they can practice. It takes time and effort to learn the law, the legal terminology, the application of the law, and the potential consequences if something goes wrong.

Even then, many lawyers who don’t specialize in estate planning, or Wills and Trusts, and who don’t have training as a Personal Family Lawyer®, as we do, put in place legal documents that fail when you become incapacitated or die, for various reasons. And, yet, you may be getting sold on the idea that you can draft legal documents on your own, using an online website. The promise is you can save money, and completely protect yourself and your loved ones from expensive legal consequences of not having planning in place. Since it’s early April when this article is being published, we call “April Fools” on these services.

A Real Life Cautionary Tale

Let’s keep you from being fooled by illustrating what can happen when you draft legal documents on your own without understanding the consequences. What follows is a true story:

A woman passed away and her husband came into his lawyer’s office to get legal advice on what to do next. The woman we’ll call her “Jane”) received an inheritance from her first husband (let’s call him “John”). She was also close to her adult children and her grandchildren, and wanted to make sure they received what was left of her inheritance from their father. And while she intended to leave her second husband some money, she made it very clear to her family that she wanted to provide for her children and grandchildren.

Jane was frugal. She didn’t want to spend money on an attorney. So she did some research on Google about Wills and Trusts, downloaded some forms, and wrote out her own documents. She learned from Google that a Trust can keep her family from going through a court process called probate, which would save them money and leave more for them to inherit. So she drafted her own Trust thinking that she’d achieve her goals and save money at the same time.

You may already see where this is going…

When John’s lawyer read Jane’s DIY Trust, they realized that what Jane actually did was leave her entire inheritance to her second husband. Jane legally disinherited her children and grandchildren. Jane’s DIY Trust was also subject to laws of a different U.S. State than the one she lived in, meaning that any legal process related to the Trust would be more complicated than it needed to be. Surely this was not the result Jane wanted.

Jane not only disinherited her children, but she failed to transfer her house to the Trust, despite drafting and filing a deed on her own, and she left assets out of her Trust altogether. So while she thought she was doing the right thing, what she really did was leave her loved ones with a giant, expensive mess.

Not surprisingly, the family ended up in court and years later, the matter still isn’t resolved.

You Don’t Have to Make the Same Mistakes

Jane must have believed what she heard from well-meaning folks like Dave and Suze about doing a Will and Trust on her own. She probably thought she understood the legal documents she drafted and signed. She most definitely thought she was making things easy for her family and that she was giving her children money from their father. But Jane was fooled.

Don’t be Jane. If Jane had worked with a Personal Family Lawyer®, she would have created a plan that would accomplish her goals, and keep her family out of court and out of conflict. She would have saved her family years of heartache and pain, not to mention the expense. Jane’s story teaches us that it’s absolutely worth it to work with a lawyer whenever you’re dealing with a legal document - including a Will or Trust. Don’t “Trust” those (see what we did there?) who say you can do it cheaply or do it yourself. Don’t be Jane.

What to Do Instead

You owe it to your loved ones to take the time and put in the investment to do your estate planning right, and keep it up over time. In fact, it’s the last and greatest gift you can leave them. Having your affairs buttoned up so they don’t have a mess on their hands and are allowed to process their grief in peace is your final act of love.

If you want to leave your family the gift of your love, we can help. At our firm, we don't merely dispense legal counsel or draft documents; we safeguard your family. We look at your specific family dynamics and your goals and then work with you to create a plan that ensures you and your loved ones avoid the stress, conflict, and chaos that comes from DIY documents.

To learn more about how we approach estate planning from a place of heart so you can leave your family with love, schedule your Family Wealth Planning Session today.

Till Death or Divorce: Why You Need To Plan Now For Your Relationship's End

shaira@younglawnv.com (Sharia Young) — Mon, 25 Mar 2024 15:38:56 GMT

Whether it’s a breakup, divorce, or the death of a loved one, every relationship eventually comes to an end. Whether you have planned for that ending or not will have a real impact on you, your partner, and your assets

Understanding the Intersection of Love and Law

Love is wonderful—joyful moments, shared dreams for the future, and yes, some legal considerations too. For married couples, the law has default provisions in place for what happens to your assets if one of you dies, but those default plans may not align with your personal preferences or the life you’ve built with your partner. If you’re an unmarried couple, the absence of a plan could leave you vulnerable, risking the loss of assets or the inability to make crucial decisions about your property or your medical choices.

To better understand how a lack of planning can leave you and your partner out in the rain, let’s look closer at these important areas that are affected when a relationship ends.

1 | Property Ownership

Let's say you and your partner purchase a home and other assets together. Without clear documentation outlining ownership rights, a dispute can arise if the relationship ends in a breakup. But breakups aren’t the only danger. If you aren’t married and one of you passes away, the other partner might find themselves without a rightful claim to the property, potentially facing homelessness or a significant financial loss.

If you own any property with anyone else or if you want to ensure your property lands in the hands you choose in the event of your death, contact us to plan for that property now.

2 | Healthcare Decisions

In the unfortunate event of a medical emergency where one partner becomes incapacitated, lacking appropriate legal documentation could impede the other partner's ability to make critical healthcare decisions on their behalf. This can lead to delays in medical treatment or disagreements among family members over the person’s treatment, causing unnecessary stress and complications during an already challenging time.

3 | Guardianship for Children

For couples with children, failing to establish guardianship arrangements in the event of both parents' incapacity or death can have devastating consequences. Without a designated guardian, children may be placed in the care of individuals who may not align with your wishes or values, leading to potential custody battles and emotional upheaval for the children and your extended family.

If you and your partner end your relationship without coming to a mutual agreement on a guardian for your children, things could get even more chaotic - especially if one of you has documented your desired guardian and the other partner hasn’t. Worst of all, typical wills don’t cover planning for the needs of minor children sufficiently. It’s why we offer the Kids Protection Plan, specifically designed to ensure your children are never raised by anyone other than people you know, love and trust, and are never taken from your home, into the care of strangers.

4 | Business Interests

If you and your partner share business interests or investments, the lack of a solid plan could jeopardize the future of these assets. Without clear instructions, the surviving partner may face challenges in managing or transferring ownership of these assets, potentially leading to financial instability or the dissolution of the business.

Be Proactive, No Matter What the Future Holds

In each of the scenarios above, the absence of proactive estate planning measures leaves individuals vulnerable to legal and financial uncertainties. By taking proactive steps that consider what will happen when your relationship ends, couples can safeguard their assets, ensure their wishes are honored, and provide peace of mind for themselves and their loved ones.

Not sure how to start the conversation with your partner?

Start by explaining to your partner your desire to safeguard the life you’re building together. Just as relationships evolve over time, your wishes and how they are documented should too. Continuously engaging in dialogue and revisiting your plans ensures they remain aligned with your evolving needs and aspirations.

Let Us Make It Easy to Plan Ahead

Whether you’ve already started the conversation with your partner or need more guidance, planning for the future of your relationship can feel overwhelming. We can help.

At our firm, we don't merely dispense legal counsel; we safeguard your love story. We comprehend the profound significance of your relationship and are dedicated to ensuring its protection. And whenever (and however) your relationship ends, we’ll work with you to create a plan that considers these contingencies ahead of time so you and your loved ones can avoid the stress, conflict, and chaos that comes with incomplete planning.

To learn more about how we approach estate planning from a place of heart, schedule your Family Wealth Planning Session today.

3 Estate Planning Documents Your Parents Need Right Now

shaira@younglawnv.com (Sharia Young) — Sun, 17 Mar 2024 22:03:52 GMT

As your parents navigate their golden years, ensuring their peace of mind (and yours!) becomes a top priority. To make sure your parents can always get the help they need, make sure they have these 3 documents in place right now.

Today, we're diving into a topic that is absolutely crucial: estate planning for your parents. As they gracefully navigate their golden years, ensuring their peace of mind (and yours!) becomes a top priority. Whether they raised you the way you want, or showed you how you want to do it differently, as your parents' age, one of the very best things you can do for your own best future, and that of your entire future lineage - your children, grandchildren, and beyond - is to take great care of the people you were born to or raised by.

The questions you need to start asking now are: How will you help them if they become ill or injured? Who will take care of their bills and make sure their health needs are met? How do they want to be cared for, if and when they cannot care for themselves?

The starting place is open conversation and a power trio of estate planning tools swoop in to save the day: the General Power of Attorney, the Power of Attorney for Healthcare (including a Living Will), and the HIPAA Waiver.

Now, let's break down why these tools are the unsung heroes of comprehensive estate planning for your parents, and how to bring them up so you can support your parents to get them created or updated, no matter how much or how little money they have in the bank.

1. General Power of Attorney (POA)

A General Power of Attorney (or POA) grants a person you name (often a family member or trusted friend) the authority to manage your financial affairs if you become unable to do so yourself. From handling bills to making investment decisions, the General POA ensures that your financial matters are handled, whether you’re experiencing a temporary illness or a long-term inability to manage your money, such as in the case of memory problems.

If your parents have assets that you must be able to access easily in the event of their incapacity, you may decide that a POA for accessing their accounts is not sufficient, as it can be difficult to get access to bank accounts even with a POA in place, and will require court action. In that case, the best course of action is to ensure that their assets are titled in the name of a trust, with you or someone you trust as the named successor Trustee, who can step in and handle financial matters for your parents, without any court involvement, when needed.

2. Power of Attorney for Healthcare and Living Will

It’s possible your parents already lean on you for guidance with their healthcare decisions, and it’s equally possible they don’t share details of their healthcare with you at all. No matter which side of the spectrum your parents stand on, the question of what will happen to their healthcare needs if they become seriously ill can feel overwhelming — and trust me, it’s even more overwhelming during moments of medical crisis.

Thankfully, a Power of Attorney for Healthcare and Living Will allow your parents to explain their medical wishes to guide medical providers and family members on what treatments and life-saving measures they’d like to have, even in the toughest of times.

The Power of Attorney for Healthcare designates someone to make these medical decisions on behalf of your parents if they're unable to do so. This trusted individual becomes the advocate, ensuring that healthcare choices align with your parents' values and preferences.

Meanwhile, the Living Will – also known as a Declaration to Physicians – outlines your parents' wishes regarding life-sustaining treatments in the event they're unable to communicate. From CPR to artificial hydration, this document provides clarity amidst uncertainty, giving both your parents and their loved ones peace of mind that the decisions being made around their care and what they themselves would want.

3. HIPAA Waiver
In the digital age, privacy is paramount – but what happens when privacy becomes a barrier to essential healthcare-related communication? Enter the HIPAA Waiver, the ultimate tool for opening communication roadblocks in times of need. HIPAA (the Health Insurance Portability and Accountability Act) protects the privacy of individuals' medical records. While this is crucial for safeguarding sensitive medical information, it can sometimes hinder the flow of communication between healthcare providers and family members, especially for the elderly and those incapacitated by an illness or injury.

By signing a HIPAA Waiver, your parents authorize specific individuals to access their medical information and speak directly to their medical providers, ensuring seamless communication and informed decision-making. This is essential in medical emergencies but is also extremely helpful if your parents need help hearing their doctor or understanding their medical advice.

How to Bring Up Estate Planning With Your Parents
The best way to bring up estate planning with your parents is to get your own planning handled first. Then, let your parents know that in the process of handling your own planning, your lawyer raised the question of whether you were an agent under anyone else’s power of attorney, or named as a successor Trustee in your parents' Trust, or if you are going to be caring for aging parents at some point.

And, if you have worked with a lawyer and they didn’t ask you those questions, give us a call and let’s review your plan and your parents’ planning to make sure that everything you’ll need is dialed in. This can all get quite messy very quickly, and now is the time to talk with your parents.

Why the Urgency?

You might be thinking, "Why the rush? Can't we tackle this later?" Here's the scoop: Life is unpredictable, and procrastination can be a costly gamble. Waiting until a crisis strikes to get these tools in place can lead to a whirlwind of legal and emotional chaos, leaving your parents' wishes unfulfilled and their affairs in disarray.

By proactively planning ahead, you're not just checking items off a to-do list – you're investing in your parents' peace of mind and yours. Don't wait for a storm to hit – schedule your Family Wealth Planning Session today to learn how our unique Life & Legacy Planning process is designed with your family's well-being in mind, offering personalized guidance and support every step of the way.

14 Ways To Show Your Finances Some Love This Year - Part 2

shaira@younglawnv.com (Sharia Young) — Mon, 11 Mar 2024 17:28:59 GMT

Last week we explored 7 ways to show your finances some love, this week we are going to explore 7 more

Last week we explored 7 ways to show your finances and your family some love with smart, tax-advantaged financial tips for the new year:

Make a Qualified Charitable Distribution (QCD)
Front-load Your 401(k) Contributions
Set Up an IRA for a Child
Make Donations During Spring Cleaning
Give the Gift of Appreciated Stock Shares
Establish a 529 College Plan
Make a Roth Conversion

If you missed it, check out Part 1. This week, we’re continuing the financial love with 7 more tips you can use to benefit your family this month and the year ahead.

Let’s dive in.

8 | Spread The Love With The Annual Gift Exclusion

Don't underestimate the power of spreading love through financial generosity. Did you know you can gift up to $18,000 per person to an unlimited number of people each year? This allows you to share your wealth with family and friends in a tax-efficient manner. These gifts not only escape taxation but also foster stronger connections and deepen relationships with your loved ones. Whether it's helping with educational expenses, supporting a dream vacation, or simply offering a helping hand, annual exclusion gifts embody the spirit of giving and strengthen the bonds that matter most. With the sunset of the estate tax exemption set to occur in 2025, now is the time to make gifts if you have a taxable estate. Contact us to discuss options as there are far better ways to gift than outright.

9 | Use Up Your Lifetime Gift Tax Exemption

Use up your lifetime gift tax exemption: It's not just about securing your own financial future but also about ensuring your loved ones thrive. By leveraging your lifetime gift tax exemption, currently standing at $13.61 million per person, you can minimize estate taxes and provide a significant financial boost to your heirs during your lifetime. Whether it's funding education, helping with a down payment on a home, or simply offering financial support, using this exemption allows you to share your wealth and make a lasting impact on those you cherish most. The exemption is set to sunset in 2025, so if your estate is greater than $5M, now is the time to plan. Contact us asap as this planning does take time.

10 | Allocate More Funds To The Generation Skipping Tax Exemption

As you plan for the future, it's essential to consider the next generation. By allocating additional funds towards your generation-skipping transfer tax exemption (of up to $13M), you provide a seamless transfer of assets to your grandchildren or future beneficiaries. This strategic move not only minimizes tax implications but also lays the groundwork for preserving your family's wealth for generations to come.

11 | Make an Extra Mortgage Payment

Your home is more than just a place to live—it's also a valuable asset that can offer tax advantages. By making an extra mortgage payment on your primary home loan, you can increase your mortgage interest deductions on your tax return. Not only does this reduce your taxable income, but it also accelerates your path to homeownership, saving you money in the long run.

12 | Complete Repairs on Rental Property

Investing in your rental property not only enhances its value but also offers tax benefits. By completing repairs on your rental property, you can offset rental income on your tax return while providing a better living environment for your tenants. It's a win-win situation that improves your property's profitability and strengthens your relationship with your renters.

13 | Create a Lifetime Asset Protection Trust

Planning for the unexpected is an act of love towards your spouse and children, and when you know the right tools to use (like we do) you can make sure your family is provided for and protected for generations to come. One of my favorite ways to do this is using a Lifetime Asset Protection Trust. This tool allows you to protect the assets you leave for your children from any future financial trouble, like lawsuits, or divorces.

14 | Create Your Estate Plan

Finally, don't overlook the importance of estate planning in showing love to your family. By finalizing your Will, Revocable Trust, Power of Attorney, and Advance Medical Directive, you ensure that your wishes are carried out and your loved ones are protected in the event of incapacity or death. It's a vital step towards providing peace of mind for you and your family, allowing you to focus on enjoying life's precious moments together. And remember, a plan is more than a set of documents. It’s a lifetime of wise decisions about your life and legacy.

Show Your Love Where It Matters Most

The month of love might be over, but it’s never too late to make loving financial and planning decisions for your loved ones - and yourself!

As your Personal Family Lawyer® firm, we know the value of planning for the future. But we also know the value of planning for the life you want today and the legacy that extends far beyond your assets.

Schedule your Family Wealth Planning Session today to learn how we can help you create a Life & Legacy Plan that will take care of everyone and everything you love.

14 Ways To Show Your Finances Some Love This Year - Part 1

shaira@younglawnv.com (Sharia Young) — Mon, 04 Mar 2024 21:59:09 GMT

Making smart planning decisions with your assets is one of the best gifts you can give - and a gift that keeps giving over time.

1 | Make a Qualified Charitable Distribution (QCD)

Taking required minimum distributions that you don’t need, and want to spread love to a charity you're passionate about? Consider making a Qualified Charitable Distribution from your account directly to charity. Not only does this fulfill your required minimum distributions, but it also exempts the amount you distribute from your taxable income. By giving back to causes close to your heart, you can make a meaningful impact while reducing your tax burden. That’s the kind of win/win we love.

2 | Front-load Your 401(k) Contributions

Show love to your future self by maximizing your 401(k) contributions early in the year as opposed to spreading them out evenly over 12 months. By reaching the 2024 limits of $23,000 sooner, your investments will have more time to grow, potentially enhancing your retirement nest egg even more. It's a proactive step toward securing financial stability for yourself and your family down the road.

3 | Set Up an IRA for a Child

Want to inspire financial skills in your kids while getting a tax advantage? Teach the next generation the value of financial planning and responsibility by setting up and contributing to an IRA for a child with earned income. Whether it's from babysitting jobs, odd jobs, or working for your business, every dollar invested grows tax-free, providing a solid foundation for their future financial well-being.

4 | Make Donations During Spring Cleaning

Ah, the annual ritual of spring cleaning. This year, let's infuse this mundane task with a dose of love and generosity. As you sift through your belongings, consider the items that no longer serve you but could bring joy to others. From gently used household furnishings to clothing and books, each item holds the potential to make a difference in someone's life.

Here's the cherry on top: for items in good condition, you may claim a charitable deduction on your 2024 income tax return, making your act of kindness even sweeter. So, as you purge the old and welcome the new, keep receipts of your donations – it may add up to some real tax savings.

5 | Give the Gift of Appreciated Stock Shares

Strengthen familial bonds while supporting charitable causes by giving appreciated securities and stock shares directly to your sibling's favorite charity. By donating your appreciated stock instead of selling it, you can avoid recognizing the gain as your income, maximizing the impact of your charitable giving while minimizing your tax liability. Sweet deal, right?

6 | Establish a 529 College Plan

Invest in the educational future of your loved ones by setting up a 529 plan. While the contributions you make to a 529 account aren’t tax deductible, contributions to these plans grow tax-free and can be withdrawn tax-free when used by your loved one for qualified education expenses like housing, books, tuition, and more. Whether it's for your child, grandchild, niece, nephew, or another family member, a 529 plan is a gift that keeps on giving.

7 | Make a Roth Conversion

Show love to your retirement savings by considering a Roth conversion on a traditional IRA. If your traditional IRA has declined in value, now is the ideal time to convert it to a tax-saving Roth. Doing so can reduce your income tax liability later on and let you potentially enjoy tax-free withdrawals in retirement. It's a strategic move that can optimize your retirement income while minimizing tax obligations.

Let Us Help You Show Your Finances Some Love

February offers a perfect opportunity to demonstrate love not only through romantic gestures but also through practical Life & Legacy Planning®. By incorporating these tax planning tips into your overall planning strategy, you can secure a brighter future for yourself and your loved ones while making a positive impact on your community.

Not sure where to start? We’re here to guide you through every step of your planning journey, from taking inventory of what you have and what’s important to you, to the practical steps of how to plan for the life and legacy you dream of. Schedule your Family Wealth Planning Session today.

Think Your Kids Will Automatically Be Cared For In The Way You Want? They Might Not Be Unless You Do This

shaira@younglawnv.com (Sharia Young) — Sun, 25 Feb 2024 05:17:50 GMT

Many assume that in the event of their untimely passing, their children will automatically be cared for and inherit their assets. However, the reality is far more complex and potentially unsettling.

The Myth of Automatic Care

Yes, it's true that your children will inherit your assets upon your passing. However, without advance planning, the management of those assets will fall into the hands of a court-appointed trustee. This is an expensive proposition for the people you love most, and worse, the trustee may not necessarily align with your values or financial philosophy, leaving your hard-earned assets vulnerable to mismanagement.

On top of that, and maybe worst of all, under current laws, once your child reaches the age of 18, they gain unfettered access to their inheritance. While you may have envisioned these assets providing a foundation for their future endeavors, the reality is that many 18-year-olds lack the financial maturity to handle such responsibility. From impulsive spending to falling prey to financial scams, the risks are significant.

The Importance of a Kids Protection Plan

So, what's the solution? Enter the Kids Protection Plan—a comprehensive legal planning system designed to safeguard your children's well-being and financial future in the event of your incapacity or passing.

A Kids Protection Plan empowers you to designate a trusted guardian who will step in to care for your children if you're unable to do so. This ensures your children will be in the loving care of someone you know and trust, rather than leaving their fate to the discretion of a judge who may lack intimate knowledge of your family dynamics.

Moreover, a complete Kids Protection Plan goes beyond long-term guardianship appointments. It includes a detailed roadmap for the management of your assets on behalf of your children, specifying how funds should be allocated for their upbringing, education, and other needs. By setting clear guidelines, you mitigate the risk of financial mismanagement and ensure that your children's inheritance serves its intended purpose: supporting their growth and development.

Leave Behind Detailed Instructions
Naming legal guardians is just the first step. Your Kids Protection Plan won’t do much good if the people named in it aren’t aware of your plan or your wishes. You want to make sure your children’s guardians know your desires for their upbringing. Some things to include might be:

Faith and religious practices
Philosophy on education and where you’d want them to go to school
Activities you’d want your children involved in
Nutrition, medical care, or any other health considerations

One of the benefits of working with a Personal Family Lawyer is that I make sure that everyone named in your plan is informed of what to do if the unthinkable happens to you. And, if you are working with me, I’ll be there to guide them each step of the way.

Planning for the Future
At Young Law Group, we understand the gravity of planning for your children's future. That's why we offer personalized Family Wealth Planning Sessions designed to consider your family dynamics, and your assets, and then help you choose the right planning package and fees to safeguard and protect what matters to you most. Whether you're a new parent or revisiting your estate plan, our team is here to provide the guidance and expertise you need to secure your family's future for generations to come.

Don't leave your children's future to chance. Take the first step toward peace of mind and lasting security. After all, your children deserve nothing less than the assurance that they'll be cared for and cherished, no matter what the future holds.

Schedule a your Family Wealth Planning Session today.

Why Relying On Legal Templates Instead of Lawyers Will Leave You With A Mess

shaira@younglawnv.com (Sharia Young) — Fri, 16 Feb 2024 18:42:53 GMT

The allure of convenience can mask a multitude of pitfalls. Relying on generic templates or online services to address your company's legal needs is akin to navigating treacherous waters without a compass.

The Personal Touch: Why Your Startup's Legal Backbone Needs a Human Element

Imagine crafting a bespoke suit with a generic sewing pattern—it just doesn't fit right. The same goes for your startup's legal structure. Online templates can't possibly understand the nuances of your vision or the intricacies of your business, or your life & legacy. Legal templates are the equivalent of trying to navigate your startup's unique journey with a map meant for someone else. It's not just about legal documents; it's about crafting a legal foundation that mirrors your business's unique identity and aspirations.

Navigating the Legal Maze: Accuracy, Compliance, and Peace of Mind

Compliance isn't just a box to tick; it's the armor that protects your business from unforeseen legal battles. Generic online templates are a gamble—they might not be up-to-date with the latest laws or tailored to your state's regulations. It's like sailing in stormy seas without a compass; you might make it, but it's risky. A flesh-and-blood lawyer will not only ensure every legal “i” is dotted and “t” is crossed but that you’ve considered the implications of each of your choices, thoroughly - because the reality is, what you don’t know that you don’t know is what will hurt you. And, when we’re guiding you through decision-making, we ensure you consider what you must know and not what you can leave to us.

More Than Just Drafting Documents - The Importance of a Trusted Advisor

Your business needs more than just compliance and documents. You need someone to look at the whole picture of your startup with your business's current reality plus future goals, including growth and exit plans in mind. That’s why, as a LIFTed Business Advisor, I bring more to the table than just the Legal side of LIFT. To reach your business dreams, you need your Legal, Insurance, Financial, and Tax foundations set up and aligned with your vision of where you want to go in your life and business.

Beyond the Launch: Growing Together

Your startup is a living, breathing entity, destined to evolve. What fits now might not fit a year down the line. This is where the beauty of a relationship with a real, flesh-and-blood advisor shines. Unlike online forms, I’m not just there for the setup; I’m here to help you adapt your strategies as your business grows and changes. This isn't a one-off transaction; it's a journey we take together, ensuring your LIFT strategies evolve as dynamically as your business does.

Crafting a Legacy: Protecting What Matters Most

Let's talk about the future—your vision doesn't stop at market success. It's about building a legacy, something that lasts beyond your tenure. Succession planning might seem distant, especially when you're in the throes of the daily grind, but it's the ultimate expression of care for your business and the loved ones who stand behind your dreams. This is where we come in, not just as your lawyers but as your strategic partners in weaving the future you envision.

Ready to Protect Your Dream?

We're not here to just fill out paperwork. We're here to understand your dream, protect it, and help it grow. If you're ready to give your startup the legal, insurance, financial, and tax foundation it deserves, let's start the conversation. Schedule your complimentary Discovery Call today and let's explore how we can tailor a LIFT strategy that's as unique as your startup.

Your business is more than a venture; it's a vision. And every vision deserves to be protected with care, expertise, and a personal touch. Let's make sure your strategy reflects that.

This New Law Makes It Easier To Save For Retirement And Pay Off School Loans At The Same Time

shaira@younglawnv.com (Sharia Young) — Sun, 11 Feb 2024 02:34:06 GMT

The SECURE 2.0 Act aims to make it easier for people to pay off student loans while also saving for retirement.

What The SECURE 2.0 Act Means for The Student Loan Dilemma

For many of us, juggling student loan debt is a bit like trying to balance a coffee cup on a stack of books—tricky and maybe a bit messy, especially when we're also trying to save for retirement. Those monthly loan payments can take a big bite out of our budgets, making it hard to stash away cash for our future selves.

And when we skip on contributing to our retirement plans, it's like missing out on the whipped cream in our favorite latte—those employer retirement matches that could seriously boost our savings.

Enter the SECURE 2.0 Act, ready to smooth out this balancing act. This new legislation suggests to employers a clever workaround: treating your student loan payments as if they were direct deposits into your retirement savings account. This shift is subtly brilliant. It means the money you're dedicating to student loans can now help you unlock those employer retirement contributions, offering a streamlined path to beef up your retirement savings. It's a bit like finding a shortcut on your daily commute that makes life just a little easier and a lot more rewarding. So, let's explore how this can help secure your financial future.

How It Works

The SECURE 2.0 Act is like a breath of fresh air for employees weighed down by student loan payments. It gives employers the green light to get creative with retirement benefits, turning those hefty student loan payments into a force for good in your retirement savings plan. By treating these payments as if they were contributions to your retirement account, employers can now match them, just like they would with traditional retirement contributions. Imagine that—your student loan payments not only help you chip away at your debt but also build your nest egg, without you having to put extra money into your retirement account.

This twist means you can keep focusing on paying down your student loans without missing out on the magic of compounding interest in your employer-sponsored retirement account. It's a game-changer for anyone who's felt stuck between a rock and a hard place, trying to decide between paying off debt and saving for the future.

However, there's a catch... Not every employer will automatically jump on this bandwagon. The SECURE 2.0 Act opens the door, but it's up to individual companies to walk through it. This means the availability of this perk will vary from one employer to the next.

So, what's your next move? Start a conversation with your employer to see if they're planning to offer this innovative benefit starting in 2024. It's an opportunity too good to miss for anyone looking to make their student loan payments do double duty.

Helping You Navigate Towards Financial Wellness

If you’re one of the many people grappling with student loan debt, the SECURE 2.0 Act offers a ray of hope. Now, individuals can navigate the intricate landscape of student loan relief without sacrificing their long-term retirement goals. As employers have the option to align student loan payments with retirement savings, employees can effectively manage their finances and work towards a more stable financial future.

No longer bound by the dilemma of choosing between student loan payments and retirement contributions, individuals who qualify for the benefit can strategically plan their finances for a brighter future. Want to take control of your financial future and that of the ones you love most? Then I invite you to meet with us for a Life & Legacy Planning Session. During the Session, we look at everything you own and everyone you love to determine whether your assets and your loved ones will be cared for exactly as you want if you die or become incapacitated. And if the way things are currently set up doesn’t serve you, your assets, or your family exactly as you want, we can help you develop a Life & Legacy Plan that will protect everything you love for generations to come.

Schedule your Family Wealth Planning Session today to get started.

Want To Show Your Partner How Much You Love Them? Put Them In Your Will

shaira@younglawnv.com (Sharia Young) — Mon, 05 Feb 2024 04:11:14 GMT

While estate planning may seem like a realm of financial jargon and legalities, it is, at its core, a tangible expression of your care for those closest to you. (And that's why I refer to estate planning as Life & Legacy Planning.)

Love is undoubtedly the most profound and cherished thread that weaves us all together, and there are many different ways to express our love to the people who mean the most to us. Often when we think of showing our love, we think of bouquets of flowers, surprise gifts, and meaningful notes. But an often overlooked – and incredibly meaningful – way of showing your love is to put that love into a plan for the future.

While estate planning may seem like a realm of financial jargon and legalities, it is, at its core, a tangible expression of your care for those closest to you. (And that’s why I refer to estate planning as Life & Legacy Planning.)

Providing Care and Protection

Estate planning is typically associated with financial matters and legal technicalities, but at its core, it's an expression of love for those we hold dear. It's about not leaving a mess for the people you love. It’s about providing comfort and security to your loved ones long after you’re gone. And, when you include your partner in your estate plan, you are solidifying the foundation of your love and commitment, ensuring they are cared for when you can no longer be there in person.

One of the most tangible ways to demonstrate your love is by securing your partner's legal and financial future through thoughtful estate planning, but not just any old estate planning -- in our book, it needs to be “Life & Legacy Planning” so you know you have a “plan that works to keep your family out of court and out of conflict”.

While a Will, Trust, and other estate planning documents are valuable, if they are not properly counseled, regularly updated, and combined with additional planning tools such as a Kids Protection Plan, if you have minor children, and a Family Wealth Inventory plus Legacy Interviews to capture your tangible and non-tangible assets, your loved ones could be left with an expensive mess.

If you are married, your spouse already has some rights in the event of your incapacity or death, but that does not mean they have automatic access to your accounts, or even to make your health care decisions for you the way you would want. If you are not married, your unmarried partner or partners would have no rights to anything in the event of your death or incapacity. Truly the greatest gift you can give your beloved is a Life & Legacy Plan.

Avoiding Legal Complications
Love conquers many things, but we have to acknowledge that legal matters often require a bit more than just sentiment. Without a well-counseled, prepared and updated Life & Legacy Plan, your partner might find themselves entangled in legal complications when it comes to inheriting assets if something happens to you. In fact, if you and your partner aren’t married, they won’t inherit anything at all! That’s because the law that controls what happens to your assets if you die without a plan is written with married couples in mind. That means that anyone you love who isn’t married to you or directly related to you through blood will be left with nothing when you die or if you become incapacitated, unless you plan in advance.

By including your partner in your Will and overall Life & Legacy Plan, you get to ensure they’ll receive what you would want them to in the event of your loss and spare them the stress of navigating legal intricacies during an already emotionally trying time.

Protecting The Life You Built Together

Maybe the institution of marriage isn’t your thing or you and your partner are putting off marriage plans for the time being. Nonetheless, having a plan in place isn’t something you want to put off until you’re older. Chances are good that you’ve already begun to build a life together that’s worth protecting.

Whether it's the charming house you turned into a home or the vintage car you spent countless road trips in, shared assets are more than just possessions – they're a part of your shared history. Including your partner in your estate plan ensures that these shared treasures are passed on smoothly, preserving the memories you built together. And if you have children with your partner, Life & Legacy Planning takes on an even greater significance. If your partner isn’t biologically related to your children and hasn’t legally adopted them, there is no legal guarantee that your partner would be able to care for your children or even visit them if something happens to you.

Creating a Kids Protection Plan or your kids in your estate plan is an act of profound love and responsibility. By ensuring your partner has legal authority in matters of your children's well-being, you're displaying a commitment to everyone’s future happiness and security.

Helping You Show The One You Love Just How Much You Care

Love binds us together – but proper estate planning, and specifically Life & Legacy Planning® puts the love you have for your partner and your family into action. It's not just about assets and legalities; it's a declaration of your commitment and a promise to provide for your loved one even when you're no longer physically present. After all, in matters of the heart, there's no gesture more profound than securing a future together.

If you want to show your partner just how much you love them, contact us today to learn more about our Life & Legacy Planning process to get started.

Schedule your Family Wealth Planning Session today.

2 Conversations About Money and Death You Need To Have With Your Parents Right Now

shaira@younglawnv.com (Sharia Young) — Mon, 29 Jan 2024 21:54:53 GMT

You may have already started a conversation about estate planning with your family. But this week, I dive deeper into the conversations you need to have right now to truly understand your family’s financial picture and plan for the future in the best way

Conversation #1: What Exactly Do Your Parents Own?

Initiating the first conversation involves posing fundamental questions to your parents and the older members of your family: "What do we have? Where is it? And, how would I access it if you weren't here to guide me?"

The potential risk to your family's wealth is intricately tied to the costs incurred in the event of a passing. Beyond the visible expenses of funerals, burial, or cremation, and end-of-life medical care, there exists a myriad of unseen costs. Unclaimed assets, amounting to approximately $70 billion in various departments across the U.S., often slip through the cracks because family members don’t know where the assets are, how to get them, or that they even exist.

Because of this, tracking and documenting assets, including crypto assets, before incapacity or death is essential to protecting your family’s wealth when someone dies or becomes incapacitated. It may be difficult to bring up this topic with your parents or other family members, but how you approach it with them will make all the difference. The secrecy of asset locations or the fear of appearing greedy may hinder an open discussion between family members, but this can be overcome by building trust between relatives and entire generations.

For the junior generation, building trust involves understanding the root causes of distrust and stepping into a mature, caring perspective for the greater family good. Similarly, senior generations can nurture trust by taking ownership of past parenting shortcomings and demonstrating faith in the individuals their children have become – after all, if you raised your children with a sense of financial and personal responsibility, you should be able to trust them!

Navigating these challenges may be daunting, but the rewards of building trust and initiating this crucial conversation are immeasurable. Use the conversation as an opportunity to record the locations and access permissions of family assets. If you aren’t sure how to do this, we can help you create a clear inventory of your assets so nothing is lost when death or illness strike.

Conversation #2: What Are Their Wishes for Long-Term Care?

The next conversation you need to have with your parents is about long-term care planning. This conversation extends beyond financial considerations and looks into the emotional intricacies of care, posing questions about who will provide care if your parents become incapacitated or disabled, how it will be administered, and the potential burdens on loved ones.

While money can be a less vulnerable entry point to this conversation, the core involves the tender question of personal care. Addressing concerns such as, "Who will take care of me? How will I be cared for? Will I be a burden on my loved ones?" brings a level of vulnerability that goes beyond financial considerations.

Neglecting this conversation can leave crucial decision-making up to the medical system, often resulting in undesirable outcomes and accumulating costs. By engaging in the long-term care conversation, clarity emerges on preferences, funding, and avenues for protection against unforeseen care costs.

Let Us Guide The Conversation

If initiating these conversations feels challenging or uncomfortable, we can help. As your Lawyer for Life, I focus on building personal relationships with our clients and their families, and can help guide you and your family through difficult discussions and tough questions about your family’s assets and wishes.

It starts with a Life & Legacy Planning Session, where we look at everything you own and everyone you love to identify gaps in your family’s security and make a plan that ensures everything will be cared for the way you want when you die or if you become incapacitated.

To learn more, schedule a Family Wealth Planning Session today.

Protecting Your Family's Safety Net: How To Set Up Your Life Insurance Policy The Right Way

shaira@younglawnv.com (Sharia Young) — Wed, 24 Jan 2024 04:22:27 GMT

A comprehensive Life & Legacy Plan is about creating a strategy that lets you enjoy your life to the fullest while protecting your loved ones' future when you can no longer be there. It might seem like life insurance is an easy way to help secure your loved ones’ future – and it is – but your policy must be set up in the right way to have the best possible impact on your family.

DO NOT Name a Minor As The Beneficiary of Your Life Insurance Policy

Naming your child or grandchild as a direct (or even backup) beneficiary of your life insurance policy may seem like a natural choice, but if you do that you’re guaranteeing a bad outcome for the people you love. First of all, if a minor child is the beneficiary of a life insurance policy, it guarantees a court process called “guardianship” or “conservatorship” must occur to name a legal guardian or conservator to manage the assets for your minor beneficiary until they turn 18. Then, at 18, your minor child who is just barely an adult receives everything left in the account, outright, unprotected, with no oversight or guidance. This is the worst possible outcome for everyone involved.

If you are buying life insurance, you are doing it to make the life of your loved one’s better. We often say “insurance says I love you.” But naming a minor child as a beneficiary doesn’t say I love you; it says that you didn’t take the time to set your life insurance up the right way. You might think the answer is to name a trusted family member or friend as the beneficiary of your life insurance, hoping they’ll use the funds for your kids, but don’t do that!

If you name another adult as the beneficiary for a life insurance policy intended for your kids, your kids will have no legal right to the money – which means the adult you named as beneficiary can use the money however they want and don’t have to use it for your kids at all!

So what’s the solution? Keep reading until the end to find out what to do instead.

DO NOT Name Adult Beneficiaries Directly or They Risk Losing The Money Entirely

Direct payouts to adult beneficiaries may seem straightforward, but can have unintended consequences. Life circumstances change, and the lump sum received from a life insurance policy might be at risk if not managed properly. By avoiding direct payouts, you can ensure that the financial security provided by the insurance is preserved for the long term. One key concern is the potential for beneficiaries to hastily misuse or exhaust the funds. A sudden windfall might lead to imprudent spending, leaving your loved ones without the financial support you intended.

Additionally, if your beneficiaries are not financially savvy, they may struggle to manage a lump sum effectively, meaning the policy might lose money over time.

Even if an adult beneficiary is financially responsible and savvy – or knows enough to speak to a financial advisor – life events can put the funds at risk. Because the life insurance proceeds now belong entirely to your beneficiaries in this case, the proceeds of the policy are now completely vulnerable to any future divorces or lawsuits that your beneficiary may go through in the future.

That means that if your beneficiary is divorced, sued, or accumulates debt, all the money they received from your insurance policy could be lost.

Plan For Your Life Insurance The Right Way: Use a Trust

A Trust is an agreement you make with a person or an institution you choose. This person is called your Trustee, and their directive is to manage the assets you put into or leave to your Trust, according to the rules you create.

Instead of naming minors or adult loved ones as the direct beneficiaries of your life insurance, name your Trust as the beneficiary of your policy instead. By doing this, your loved ones will still receive the funds you intend for them while maintaining control over how the funds are managed and distributed. This ensures that your wishes for your assets and your loved ones are carried out even after you're gone.

How does it work?

A well-drafted Trust allows you to specify conditions for distributing the Trust funds , ensuring that the funds are used for intended purposes such as your beneficiaries’ education, homeownership, or other specific needs. Distributions from the Trust can also depend on the ages and circumstances of each beneficiary. This level of control can prevent the misuse of funds and promote responsible financial behavior for everyone involved. Plus, assets held in a Trust bypass the probate process, ensuring a more efficient and timely distribution of funds to your beneficiaries. This can be crucial in providing immediate financial support to your loved ones when they need it the most.

And while you can choose to have your Trustee distribute life insurance proceeds directly out to your beneficiaries outright, at specific ages and stages, you may want to provide even more protection for your beneficiaries. One of the considerations we’ll help you make is whether to retain the assets in trust, giving your beneficiaries control over the Trust assets, but in a manner that keeps the inherited life insurance protected from lawsuits, future divorces, and creditors.

Let Us Set Up Your Entire Plan In The Best Way Possible

Setting up your life insurance policy with the right beneficiaries involves careful consideration of your unique family dynamics, financial goals, and long-term objectives while being proactive to avoid future issues. By doing so, you maximize the benefits of your life insurance to provide a lasting legacy of financial security and support for your loved ones.

But planning for your life insurance is only one step in creating a plan for everything you own and everyone you love today and in the future. As your Lawyer for Life, my mission is to guide you to create a comprehensive estate plan, which I call a Life & Legacy Plan, that ensures your wishes are fulfilled and your family's future is protected no matter what the future holds.

Schedule your Family Wealth Planning Session to learn more.

This Change To The FAFSA Rules Could Help Your Grandkids Qualify For More Student Aid

shaira@younglawnv.com (Sharia Young) — Mon, 15 Jan 2024 17:44:44 GMT

Want to contribute to your grandchild’s future college education? The FAFSA Simplification Act, which went into effect last month, now makes it possible for grandparents to do even more to help finance their grandchild’s education.

Understanding the 529 Account

First things first – what exactly is a 529 college savings account? It's a special savings account designed to help individuals, including grandparents, set aside money for future college expenses. Contributions aren't federally tax-deductible, but the good news is that earnings within the account grow tax-free. When funds are withdrawn for qualified education expenses, they remain untaxed.

What The New Rule Changes

When the account owner is a dependent student or custodial parent, the total value of the 529 plan is reported as an investment asset on the Free Application for Federal Student Aid (FAFSA). Previously, if a grandparent owned the 529 plan, any distributions were considered untaxed income for the student, potentially affecting financial aid eligibility. The upcoming change eliminates this concern.

In a nutshell, a 529 plan owned by a grandparent will no longer require reporting on the FAFSA. Even more impactful is that distributions from this grandparent-owned 529 plan will not be deemed as untaxed income for the student. This opens up opportunities for grandparents to contribute to their grandchild's education without jeopardizing financial aid eligibility.

Maximizing Grandparent Contributions

It’s important to keep the following in mind when you make contributions to a 529 account for a grandchild:

1 | Funds Must Be Used For Qualified Educational Expenses

Grandparents can use 529 plan funds for a range of qualified educational expenses, including tuition, room and board, books, supplies, laptops, and internet access. However, certain expenses like insurance, student health fees, transportation, and extracurriculars are not covered and may incur a ten percent penalty if 529 plan funds are used toward these expenses.

2 | The Annual Gift Exclusion

While grandparents can contribute to their grandchild's 529 plan, it's essential to be mindful of the federal annual gift exclusion, which is the amount of money a person can gift to someone else without needing to file a gift tax return.

The limit currently stands at $18,000 for an individual and $36,000 for those filing jointly with a spouse. A special rule allows gift givers to spread larger one-time gifts across five years to stay within their lifetime gift exclusion.

3 | Reconsider Payments Made Directly to The School

Distributions directly paid to the school from grandparent-owned 529 accounts will not affect aid eligibility. However, for now, it's recommended to pay the grandchild directly.

4 | Timing Matters

When withdrawing funds from the 529 plan, it's crucial to do so within the same tax year as the educational expenses. This strategic move ensures smooth financial transactions and adherence to tax regulations.

5 | Watch Your Withdrawal Limits

The amount withdrawn from all 529 plans should be no more than the total cost of the qualified educational expenses billed by the school. Excess withdrawals may incur a 10 percent penalty, but there's a 60-day window to rectify the situation without penalties.

Helping You Plan For Your Family’s Future In The Most Loving Way Possible

It's a heartwarming prospect to be able to help shape a brighter future for the younger generation. By understanding the new FAFSA rule and strategically utilizing 529 plans, you can contribute meaningfully to your grandchild’s education without compromising financial aid opportunities. This makes a 529 account an even better investment tool that not only helps your grandchild afford their education but leaves behind a legacy of love and wisdom.

At our firm, we believe this is what estate planning is all about – your Life & Legacy. It isn’t just about making a plan for what happens to your assets when you die it’s about making meaningful, heart-centered decisions that provide peace, love, and guidance to the ones you love today and for years to come in the future.

If you’re ready to create a plan that takes care of everything you own and everyone you love in the most loving way possible, give us a call to schedule your Family Wealth Planning Session.

Your Most Important New Year's Resolution: Creating A Kids Protection Plan

shaira@younglawnv.com (Sharia Young) — Mon, 08 Jan 2024 18:08:37 GMT

Even if you have already named legal guardians for your children (or your siblings have done it for their kids, or your kids have done it for your grandchildren), most people … even lawyers! … make 1 of 6 common mistakes when naming legal guardians. And, if you (or your siblings or your children) haven’t named legal guardians for minors you care about, make it your New Year’s resolution is to take care of the littles in your life before the end of this month.

Unforeseen Circumstances Can Leave Your Kids In the Care of Strangers (or Worse)

What could be worse than your kids being left in the care of strangers if something happens to you? Your kids being left in the care of that one person you know you’d never want making decisions about their education, healthcare, or financial life. If you don’t have a person like that in your life, lucky you! And, you still want to choose who makes the most important decisions for your kids, if you can’t, right?

Imagine your kids at home with a babysitter, and you don’t make it home. Your babysitter waits, and frets, but doesn’t know what to do. S/he has no choice but to call the authorities because you didn’t leave any instructions otherwise. The authorities arrive and they have no choice but to take your kids into the care of strangers, even if you’ve already named legal guardians in your Will.

They probably don’t know where your Will is located. And, if they can find it quickly, they may not know how to get in touch with the people you’ve named. Or, the people you’ve named all live hours or even days away. Finally, because your Will must go through the court process to be operative, the authorities can put your kids in the care of people who may be strangers to your kids - or even someone you wouldn’t want - while they wait for the Court process to play out.

But, not to worry, we do have a solution! It’s called a Kids Protection Plan, and it will solve each of these problems plus ensure your children are never in the care of anyone you wouldn’t want.

A Kids Protection Plan Lets You Pick Who Cares for Your Kids - Not a Judge

Is there someone in your life whom you unequivocally would never want raising your kids? Even if you’ve already named Permanent Legal Guardians for them, it’s still up to a judge to make the official determination of who should raise your children long-term. If this person is an immediate family member, the judge may choose them as your kids’ Permanent legal guardian if they come forward as a candidate, despite what your permanent guardian nomination paperwork says. Crazy, I know! But it’s how the system works.

A comprehensive Kids Protection Plan confidentially excludes anyone you would never want raising your kids and we’ve figured out how to create it in a way that makes it highly unlikely that anyone you would never want to take custody or care of your kids would even try. With this confidential document, you can ensure your children are always kept out of the care of anyone you would never want to make decisions for them.

You Have Unique Desires for Your Kids’ Education, Healthcare, and Financial Well-Being
You spend an inordinate amount of time planning your kids' activities, their care, and their birthday parties. You almost certainly have distinct desires regarding their education, healthcare, and financial well-being. A Kids Protection Plan allows you to articulate these wishes in a way that provides your kids’ Legal Guardians with guidance and your children with the comfort of their routine. Plus, providing clear instructions to potential guardians ensures your children's upbringing aligns with your values and aspirations. This process not only secures their future but also provides you with clarity about your parenting priorities.

Comprehensive Protection for the Ones You Love Most

While nominating permanent legal guardians is fundamental, it might not suffice in every situation. A full-fledged Kids Protection Plan offers a holistic approach, addressing the potential pitfalls of leaving your kids with caregivers, excluding unwanted individuals from guardianship, and outlining your unique desires for their well-being. This comprehensive plan ensures that your children remain in the care of trusted individuals who understand and respect your values.

If you're ready to make creating a Kids Protection Plan your most significant New Year’s resolution, the first step is to schedule your Family Wealth Planning Session. During the Session, we’ll guide you through our unique, heart-centered process to tailor a plan that reflects your wishes, secures your family's future, and includes a Kids Protection Plan. And unlike other resolutions that may be hard to stick to, we’re here to guide and support you through every step to ensure your Kids Protection Plan offers the best protection for the people you love - both now and for years to come.

Why You Should Start The New Year With a LIFT Business Breakthrough Session

shaira@younglawnv.com (Sharia Young) — Tue, 02 Jan 2024 18:13:28 GMT

Wherever your business stands as this year comes to a close, the new year is the perfect time to assess ways to improve its processes and set your company up for next-level growth and success in the new year. It all begins by looking at the foundational systems that support your business from the inside out. I call those systems your LIFT systems.

Legal: Fortifying Your Structures and Protecting Your Assets

In the legal realm, the structure of your business plays a pivotal role in its success. During a LIFT Business Breakthrough Session, we examine your current legal framework and make sure your legal needs are aligned with your business goals. Some of the aspects we’ll consider together:

Is your business entity structured for maximum asset protection now, tax savings today and over time, and the future exit you desire?
Is your intellectual property protected via Trademarks, Copyrights, Patents, and Contracts, or are you at risk of losing valuable rights before it’s too late to put protections in place?
Are your employment matters structured properly with the right agreements and policies?

Together, we'll ensure that your legal foundation is set up to protect your assets and pave the way for sustainable, long-term growth, and prepare for the eventual exit you desire.

Insurance: Safeguarding Your Interests

The insurance landscape can be complex, but it's a crucial aspect of securing your business against unforeseen challenges and preparing your business for future development, such as hiring new contractors and employees.

We'll review your existing insurance policies to assess whether they adequately cover potential risks. From liability to property coverage to disability and life insurance, we'll review what you have in place, and what may need to change, and we will work together with your trusted insurance providers to ensure you have a comprehensive insurance strategy that safeguards your business interests, coordinates with your estate plan, and provides you with across the board peace of mind.

Financial: Building a Solid Financial Infrastructure

A strong financial foundation is essential for any thriving business. In our LIFT Business Breakthrough Session, we dive into your financial practices, evaluating budgeting, cash flow management, and financial reporting. Together, we'll identify areas for improvement, ensuring your business has the financial infrastructure and next-level team support needed to weather uncertainties and capitalize on opportunities.

Tax: Optimizing Your Tax Strategy

Taxes are an inevitable part of business, but a strategic approach can make a significant difference. During our session, we'll assess your current tax strategy and explore opportunities for optimization. We’ll then work together with your tax advisor (or identify a tax advisor) to minimize your tax burden legally, freeing up resources for further business growth, or to support more of the lifestyle you want.

Building Your Dream Team of Advisors

Recognizing that no business owner should navigate these components alone, our LIFT Business Breakthrough Session extends beyond a legal assessment. As your LIFTed Business Advisor, I'm here to help you build a Dream Team of advisors—experts in Legal, Insurance, Financial, and Tax matters.

These professionals will serve as pillars of support for your business, guiding you through the intricacies of each component and ensuring a holistic approach to your business success as it grows and changes. It's not just about reviewing your Legal, Insurance, Financial, and Tax components—it's about setting the stage for a prosperous and secure future.

To start the new year with a comprehensive LIFT Business Breakthrough Session, schedule a Business Planning Session with my office to learn more. It’s time to make this next year your best one yet.

What Caregivers Need To Know About Estate Planning For A Loved One With Dementia - Part 2

shaira@younglawnv.com (Sharia Young) — Tue, 02 Jan 2024 17:34:50 GMT

As dementia progresses, estate planning must become more proactive and strategic than ever to avoid court and conflict over your loved one’s wishes in the future. If dementia becomes too advanced before planning is complete, the question of who will manage your loved one’s assets and care will be left to a judge who doesn’t know your loved one or their wishes

Last week, we started our discussion on estate planning for a loved one with a dementia diagnosis and what this means for their ability to protect their wishes through an estate plan. We covered:

What it means to have mental capacity or be incapacitated
How dementia affects capacity for estate planning purposes
The essential estate planning tools a person with dementia needs to create right away

However, as dementia progresses, estate planning must become more proactive and strategic than ever to avoid court and conflict over your loved one’s wishes in the future. If dementia becomes too advanced before planning is complete, the question of who will manage your loved one’s assets and care will be left to a judge who doesn’t know your loved one or their wishes.

Keep reading to learn what steps need to be considered when estate planning for someone with more advanced dementia.

Seek a Cognitive Evaluation

If your loved one’s cognitive capacity is in question, seeking a professional evaluation is a prudent and proactive step in the estate planning process. Schedule an appointment with your loved one's primary care physician or a specialist in dementia care to assess their mental state and make a recommendation on your loved one’s ability to make estate planning decisions. During this evaluation, the medical professional will talk to your loved one and ask them questions about their everyday life, how aware they are of their circumstances, and what they would do in certain situations, such as if a stranger came to the door or if a pipe burst in their home. Your loved one doesn’t need to remember every detail about their life for the evaluation to be beneficial. The professional will be most concerned with your loved one’s ability to analyze a scenario and make a thoughtful decision on how to respond. For example, your loved one may not remember what day of the week it is but may remember they shouldn’t open the door for a stranger.

Receiving a report from your loved one’s doctor stating they have the cognitive ability to make estate planning decisions (at least when they are in a lucid state) protects their ability to make decisions for their finances and healthcare, and dissuades any future debate from third parties as to whether your loved one had the ability to make a plan in the first place.

Encourage Private Meetings Between Your Loved One and Their Lawyer

It may be second nature to help your loved one with appointments, especially if hearing and memory troubles make it difficult for your loved one to follow along. But as much as possible, allow your loved one to meet with their lawyer independently. A private meeting between your loved one and their lawyer will provide them with the opportunity to express their wishes without external influence.

Even if you have your loved one’s best intentions at heart and they would prefer to have you present during the meetings, encouraging your loved one to have private conversations with their lawyer when possible helps avoid questions about whether or not you influenced their estate planning decisions. If it isn’t feasible for your loved one to have an entire meeting with their lawyer alone, make sure they at least have opportunities to talk to their attorney in private by leaving the room while your attorney confirms their wishes.

Be sure to document every time your loved one meets alone with their lawyer and ask their lawyer to document it as well.

Make Sure Their Estate Plan Is Executed Carefully

Unfortunately, errors that occur at the time an estate plan is signed are common. Every state has different laws for how estate planning documents are executed, how they can be signed, and what witnesses or notaries are required to make the document binding.

If your loved one’s plan isn’t executed properly, it can result in your family needing to involve a judge to determine whether the estate plan is still valid. This also creates an opportunity for family members to question whether your loved one had the mental capacity to create the plan at all. It’s also essential to document your loved one’s capacity at the time the estate plan documents are signed. Make sure that their lawyer reviews the documents carefully with your loved one before they sign them, that the documents reflect your loved one’s wishes, and that your loved one is creating the plan of their own free will.

If you have any concerns about other family members questioning your loved one’s estate planning decisions or mental state at the time, ask your loved one and their attorney if they could record the signing meeting to dispel any claims that your loved one was coerced into planning or didn’t know what they were signing.

Conclusion

If your loved one received a dementia diagnosis and hasn’t addressed their legal matters, don't despair - but act fast. Even in the advanced stages of dementia, individuals may have moments when they can participate in decision-making and estate planning. But, due to the progressive nature of dementia, time is of the essence for your loved one to create an estate plan, and the sooner they plan, the easier it will be for them to get the help they need as their condition progresses.

In cases where your loved one’s capacity is severely diminished and estate planning hasn’t been completed, your family will need to pursue a court guardianship. This legal arrangement involves a court appointing a legal guardian who assumes responsibility for making decisions on behalf of the person with dementia. This process can be stressful, and it’s possible the court will appoint someone your loved one never would have wanted to manage their assets or healthcare decisions.

To make sure your loved one’s wishes are documented before it’s too late, I invite you to book a Family Wealth Planning Session with my office today. Our team is dedicated to providing compassionate guidance and legal expertise to ensure the well-being and wishes of your loved one are preserved.

What Caregivers Need To Know About Estate Planning For A Loved One With Dementia - Part 1

shaira@younglawnv.com (Sharia Young) — Tue, 19 Dec 2023 17:22:24 GMT

Caring for a loved one with dementia is a challenge that millions of families undertake each year. As a caregiver, understanding how a dementia diagnosis affects your loved one's legal decision-making is crucial to ensuring their wishes are honored and that you are providing them with the best possible care.

Understanding Incapacity

Dementia is a progressive condition that affects memory, cognition, and daily functioning. As dementia causes your loved one's cognitive abilities to decline, there may come a time when they are no longer able to make sound decisions about their finances, healthcare, and overall well-being.

When the effects of dementia make it difficult for a person to understand information and make sound decisions, that person is considered to be incapacitated, which means they can no longer legally make healthcare or financial decisions for themselves. This change in their memory and cognition can be emotionally overwhelming for both your loved one and your whole family, and without proper planning, can require court involvement.

But, there’s still some good news. Thoughtful estate planning can ensure that your loved one is cared for by the people they know and trust if they can no longer care for themselves, and even if you’re loved one has already been diagnosed with dementia, it is still possible for them to create a legally-binding estate plan during the early stages of the disease.

Estate Planning In The Early Stages of Dementia

Every adult should create certain legal documents to protect their rights and wishes, and this is no different for a loved one with a dementia diagnosis. What is important to remember is that in order to create a legal document, you need to have mental capacity – meaning you need to be fully aware of what you are doing and what the consequences of your choices will be.

Thankfully, a person does not need to constantly be in a state of capacity to create an estate plan. As long as your loved one has the mental capacity at the moment they sign their estate plan documents, the documents will be valid, even if they regress into a state of incapacity afterward. In the early stages of dementia, and ideally long before any health problems surface, your loved one should create (or review and update) the following estate planning documents:

General Durable Power of Attorney

A General Durable Power of Attorney (POA) is a legal tool that allows your loved one to appoint someone to make financial and legal decisions on their behalf. Their POA can write checks, pay bills, maintain their home, and manage their financial assets.

This document becomes especially significant as dementia progresses. Encourage your loved one to designate a trusted individual as their financial Power of Attorney while they are still able to make such decisions.

A Revocable Living Trust

A General Durable Power of Attorney is an important tool, but many financial institutions place constraints on the use of a POA or don’t acknowledge their authority at all. To make sure your loved one has complete protection of their financial wishes, encourage them to establish a Revocable Living Trust and move their assets into the name of the Trust. Creating a Trust document alone is not sufficient. Assets must be retitled, and beneficiary designations updated to ensure all assets are covered by the Trust, and that the named Successor Trustee can step in with ease, when necessary.

As part of creating a Trust, your loved one will name the person they want to manage their assets when they are no longer able to do so. This person is called the Trustee or Successor Trustee. The Trustee and Power of Attorney are often the same person, but not always. Determination of who should serve in what role, and at what point your loved one should give up control over their financial assets is part of what we counsel our clients to decide. If you have any uncertainty whatsoever, please call us to discuss. It’s far better to get the right tools in place, and the right people named, early than it is to wait until it’s too late. Once it’s too late, it’s really too late, and your family could be stuck with a court process as the only path.

By having these two estate planning tools in place and the support of our proactive guidance, you can rest assured that the people your loved one knows and loves will be able to manage their assets for them as their dementia progresses. One of the best things we’ve experienced about part of this process it that the people who have taken care of all of this before they begin to experience dementia are able to relax into a phase of life that can often be full of anxiety because they know it’s been handled.

Power of Attorney for Healthcare

Similar to a General Durable POA, a Power of Attorney for Healthcare (HPOA) appoints someone to make medical decisions on behalf of your loved one when they are unable to do so for themselves. Discussing and establishing a Healthcare Power of Attorney early on allows your loved one to express their medical preferences and ensures their wishes are honored.

Their Power of Attorney for Healthcare should also include a Declaration to Physicians, also called a Living Will, that outlines their desires regarding medical treatment, life support, and end-of-life care. Creating a Declaration to Physicians and discussing their wishes with you ensures that their preferences regarding life-sustaining treatment, resuscitation, and other medical interventions are documented and respected.

The economic burden of caring for a loved one with Alzheimer’s or advanced dementia can be significant - between $2,500 to more than $10,000/month is not unusual. The time to discuss these costs, and what you or your loved one want is right now, before dementia or Alzheimer’s makes it impossible to have any choice.

Plan As Early As Possible

One of the most crucial steps in preparing for the challenges of dementia is to help your loved one complete their estate planning while they still have the capacity to do so. Waiting until the later stages of the disease can limit their options and increase stress for everyone involved.

By addressing legal matters early on, you can ensure that your loved one's wishes are respected, and their affairs are managed in the way they intended, by the people they trust, without the need for court involvement. If you have a loved one with more advanced dementia, check back here next week as we explore late-stage estate planning options and methods to avoid family and legal conflict over your loved one’s care.

To learn more, schedule a Family Wealth Planning Session today.

Holding Space for Grief: Ways to Comfort and Support a Loved One in Mourning

shaira@younglawnv.com (Sharia Young) — Wed, 13 Dec 2023 22:04:47 GMT

Losing a loved one is an incredibly challenging experience, and the journey through grief can be both complex and overwhelming. In this blog, we explore practical and heartfelt ways to hold space for your loved ones who are mourning.

01 | Express Empathy

When someone is grieving, the simple act of expressing empathy can provide immense comfort. Let your loved one know that you are there for them, ready to listen without judgment. Phrases like "I'm here for you," or "I'm so sorry for your loss" can make a significant impact.

If you have also lost a loved one, consider relying on your own experience to relate to their feelings and encourage the person that they will make it through this.

Just be mindful to keep the focus on their feelings, as everyone experiences the emotions of loss differently.

If you aren’t sure what to say or aren’t able to be with them physically, a heartfelt card or a handwritten note can convey your sympathy in a tangible and lasting way. Being present on a telephone call can also be extremely comforting. Even if your loved one doesn’t want to talk, just being together in silence can help.

02 | Create a Safe Environment

Grief is a personal journey, and everyone copes differently. Some may need solitude, while others seek companionship. Respect your loved one's grieving process and offer support tailored to their needs.

Grieving individuals often need a safe space to express their feelings without fear of judgment. Encourage open communication and let your loved one know that it's okay to feel a range of emotions. Avoid offering unsolicited advice and instead, provide a listening ear.

Sometimes, just being present and allowing them to share memories or express their pain can be incredibly therapeutic.

If your loved one doesn’t feel like talking or being around others, don’t push them. Leave them a message of support and give them space. Check in with them only if you haven’t heard from them in an unusual amount of time based on your relationship with them.

Be patient and understand that the stages of grief are unique to each individual. Even if your loved one is feeling better, they will likely have days or weeks where they will feel overwhelmed by grief again. Offer comfort in these moments without trying to change how they feel.

03 | Offer Practical Help

During times of grief, even daily tasks can feel insurmountable. Offering practical help, such as preparing a meal, running errands, or assisting with household chores, can make a world of difference to someone in mourning. Small gestures can alleviate the burden on your loved one, allowing them the time and space they need to navigate their emotions.

If your loved one is grieving for their spouse, they may be at a loss for how to manage their finances or other daily tasks that their partner normally would have handled. Offer to help them pay their bills, set up memorial arrangements, or inform your other relatives about the loss. If your loved one has children to care for, offer to watch their kids for a while, pick them up after school, or help with homework.

Where you’re able, try to assist your loved one as part of a routine or ritual. Establishing routines can provide a sense of stability amid grief. This could be as simple as giving them a weekly phone call to check in, a monthly visit to a special place, or inviting them over for dinner every Sunday. The consistency and socialization these routines bring can offer a source of connection and help ease the depression that comes with loss.

Ease The Burden of Loss on Your Family By Planning Ahead

In times of grief, the support of friends and family is crucial. But the best way to alleviate some of the stress and anxiety that comes with the loss of a loved one is to create a plan ahead of time. By doing so, everyone you love will know exactly what you want to happen if you become incapacitated or die, and the care of your assets, bills, and loved ones will be handled quickly and smoothly by the people you trust.

Even more importantly, your loved ones will have the support of your Lawyer For Life to walk them through any necessary legal steps they need to take during the mourning process.

To learn more about how we can help you create a plan that will provide guidance, comfort, and ease for your loved ones after your death or incapacity, schedule a Family Wealth Planning Session today.

We would be honored to be there for your family.

Have Unused 529 College Savings? Roll Them Into a Roth in 2024

shaira@younglawnv.com (Sharia Young) — Mon, 04 Dec 2023 19:11:19 GMT

In 2024, the SECURE 2.0 Act brings significant changes to the world of retirement savings and college savings accounts that could substantially impact your family's financial future.

You Can Now Roll 529 College Savings Into A Roth IRA

A 529 college fund is a tax-advantaged savings account that is designed to help families save for their children's college education. With the SECURE 2.0 Act, Congress expanded the ways you can use these accounts by introducing a new rollover option, which is especially helpful if the beneficiary has money left over after their education is complete.

Starting in 2024, a 529 plan account beneficiary will have the opportunity to roll over up to $35,000 from your 529 college savings plans into a Roth IRA – and the best part is it's tax and penalty-free.

But there are some rules you’ll need to follow to take advantage of this retirement fund boost:

01 | Annual and Lifetime Contribution Limits

Any rollover from your 529 account is subject to annual Roth IRA contribution limits. For example, if in 2024 the Roth IRA contribution limit remains the same as in 2023 ($6,500 for individuals under 50), you can roll over an amount up to this limit, including yearly contributions withheld from your income. There is also a rollover contribution limit of $35,000 over your lifetime.

02 | The 15-Year Rule

To qualify for tax and penalty-free rollovers, the 529 plan must have been open for at least 15 years. This 15-year clock starts ticking from the day the 529 plan was initially opened, usually by a parent or grandparent. It's crucial to remember that changing the beneficiary of the 529 plan at any point may potentially restart this 15-year clock.

03 | 5-Year Rollover Blackout

Funds that were contributed to your 529 plan within five years of the rollover date cannot be rolled over. Only contributions made outside of this five-year window are eligible. But, you can continue to rollover funds as time goes on and the 5-year window moves farther away from the most recent contributions.

Here's an example of how these rules work in real life : Imagine your mother opened a 529 account for you in 2001. She contributed money to the account every year for 20 years, through 2020. When you graduated college in 2022, there were some funds left in the 529 account. You want to roll over these funds into a Roth IRA on January 1, 2024.

In this scenario, the account has been open for at least 15 years, so you can roll over funds into a Roth IRA, up to the annual contribution limit of $6,500 per year. But, the funds you roll over from the 529 cannot include funds your mother contributed in the 5 years before your rollover date of January 1, 2024. That means you can’t roll over funds contributed to the 529 account between January 1, 2019, and January 1, 2024.

Let’s look at another example : Your father opened a 529 college savings account for you in 1998 and contributed money to it every year until your graduation from trade school in 2015. Since graduation, you and your employer have contributed a total of $3,000 to your retirement account this year. There is $10,000 left in the account and you want to roll over the funds into a Roth IRA on January 1, 2024.

In this example, the account has been open for more than 15 years and all of the funds in the account were contributed to it more than five years ago, so all of the funds are eligible for a rollover. However, you can only contribute up to $6,500 to your retirement accounts annually. Because of this, you can only roll over a maximum of $3,500 from your 529 account into your Roth IRA this year if you or your employer don’t make any more contributions to your retirement this year.

After the rollover, you’ll have $6,500 in your 529 account at the end of 2024.

In 2025, you’ll be able to roll over the remaining $6,500 from your 529 into your Roth IRA (if you make no other contributions from your income that year).

An Extra Bonus For Grandparent-Owned Accounts

In order to be considered for federal financial aid, students must disclose their personal and family financial information on the Free Application for Federal Student Aid (FASFA). Funds in a 529 account created by a parent are counted as a financial asset of the student on the FAFSA application.

But funds in a 529 account owned by a grandparent or other third party have never been counted as an asset for FAFSA purposes. Only money withdrawn from the account is considered untaxed income of the student which FAFSA considers in its application review.

The big news is that with the new Secure 2.0 Act, any withdrawals from a grandparent-owned 529 for education expenses will no longer be considered untaxed income of the student, which means the funds will not hurt the student’s eligibility for federal aid.

Planning for What’s Really Important

While you take steps to secure your financial future, don’t forget to protect everything you’ve worked so hard to build. Your retirement savings is likely the largest asset you own, and making sure it’s managed and passed on in the best way possible is essential for your well-being and the future well-being of those you love.

Do This By December 31st To Get A Year-Long Extension To The Corporate Transparency Act Reporting Deadline

shaira@younglawnv.com (Sharia Young) — Wed, 29 Nov 2023 20:54:49 GMT

Beginning January 1, 2024, the Corporate Transparency Act will require businesses to file an annual report about their ownership in as little as 30 days.

Beginning January 1, 2024, the Corporate Transparency Act (CTA) will require businesses to file an annual report about their owners and major decision-makers. If you plan to create a new company, your reporting deadline under the CTA could be as soon as 30 days after the date of its creation. The good news is there’s a way to get more time to file the required report for your new business, but you have to act fast.

In this blog, I’ll share how to get a year-long reporting extension for your business that can give you more time to gather the required information needed to file the report. But before I tell you how to gain the extension, it’s important to understand what the CTA is and how it will affect your business.

What The Corporate Transparency Act Means For Your Business

The Corporate Transparency Act (CTA) was enacted in 2020 to enhance corporate transparency and prevent money laundering, terrorist financing, and other financial crimes. By requiring businesses to report information about their owners and major decision-makers, the Act seeks to make it easier to identify “shell” corporations – companies that don’t actually perform an active business or trade and which are often used to move money around illegally.

To comply with the Act, certain businesses including some corporations and LLCs will need to disclose the names of anyone who owns 25% or more of the company and any members of the company who have “substantial control” over the company’s activities to the Financial Crimes Enforcement Network (FinCEN).

In order to comply, a business must file an annual report with the following information on each owner or controller of the business:

Business name and current business address
State in which the business was formed and its Entity Identification Number (EIN)
Owner/controller’s name, birth date, and address
Photocopy of a government-issued photo ID (such as a driver’s license or passport) of every direct or indirect owner or controller of the company

If a company doesn’t file an annual report, it may be penalized with a $500 fine for every day the report is late and its owners could even face imprisonment for up to two years.

What Businesses Need to Report Under The CTA?

The new CTA rule applies to any company that is created by filing a formation document with the Secretary of State or a similar office, such as corporations and limited liability companies (LLCs).

Since money laundering and terrorist financing are usually conducted using small businesses, the Act largely aims to collect information on these companies, so entrepreneurs and small business owners should take extra care to meet the filing requirements.

Publicly traded companies, non-profits, and regulated companies like financial firms, accounting agencies, and banks are exempt from the rule. Large companies are also exempt if they have 20 or more full-time employees in the US and generate $5 million or more in revenue. An LLC or corporation that isn’t actively performing a business or service is also exempt due to its inactivity.

When Do You Need to File Your Report and How Can You Extend Your Deadline?

Here’s the thing about filing your annual report for the Corporate Transparency Act: If your company was created after January 1, 2024, you’ll need to file your report within 30 days of the company’s creation. But, if your company’s formation occurred on or before December 31, 2023, you have until January 1, 2025, to file its CTA report.

So, if you already have a business entity created, you have until January 1, 2025, to submit your report. So, if you’re thinking of creating a new company or changing the entity structure of an existing company, doing so before January 1, 2024, will give you a year-long grace period to file the report. Otherwise, once January 1 rolls around, it’ll be too late to take advantage of this extension.

Why does this extension matter?

The extension provides a valuable window of time for business owners to understand the reporting requirements thoroughly, gather the necessary information, and engage with legal professionals to ensure they’re in compliance with the Act without the pressure of a 30-day deadline.

The Act’s reporting rules seem straightforward, but the penalties for non-compliance can be substantial. Creating your new business entity by year-end provides a cushion against potential penalties and risks associated with overlooking or misunderstanding reporting requirements. It's a proactive step that gives your business the advantage of time.

Helping You Make Strategic Moves for Your Business

If you’re thinking of creating a new business entity soon, I encourage you to do it NOW before the end of the year so you can take advantage of the year-long window to file your Corporate Transparency Act report for existing businesses.

And don’t wait until the end of December to get started, as we anticipate there will be a rush of new business entity filings at the end of December as business owners and their professionals rush to file their creation documents before the new year.

As your Lawyer for Life, I can help you create a new business entity before the January 1st deadline so you can take advantage of the extended filing deadline for existing businesses. But my approach to serving my business clients doesn’t end when the paperwork is filed. I’ll work with you to ensure any business you own has the Legal, Insurance, Financial, and Tax structures it needs to run smoothly from its first day to its last.

What You Must Know About Your Right to Your Spouse's Retirement Benefits

shaira@younglawnv.com (Sharia Young) — Tue, 21 Nov 2023 17:24:28 GMT

If you don’t create a plan for your assets before you die, the law has its own plan for you that might not reflect your wishes for your assets, especially your retirement assets.

If you’re part of a blended family (meaning you are married with children from a prior marriage in the mix), you’re no stranger to the extra considerations and planning it takes to keep your family’s life running smoothly – from which parent your children will be with for the holidays to figuring out the schedule for a much-needed family vacation. You’ve also probably given some thought to what you want to happen to your assets and your family if something happens to you.

But what you might not have realized is this: If you don’t create a plan for your assets before you die, the law has its own plan for you that might not reflect your wishes for your assets, especially your retirement assets. And if you’re in a blended family, this can have a significant financial impact on the ones you love and even create expensive, long-term conflict.

Below, I explain how the law affects retirement distributions for married couples, and why you need to be extra careful with your retirement planning if you’re in a blended family to ensure your retirement account assets go to the right people in the right amounts after you’re gone.

Be Aware of How ERISA Affects 401K Distributions

If you’ve remarried, you and your new spouse have probably talked about updating the beneficiary designations on your retirement accounts to reflect your blended family arrangement. (If you haven’t talked about it, you need to talk about it ASAP). Sometimes, people who are remarried decide to leave their retirement funds to their children from a prior marriage and leave other assets like their house and savings accounts to their current spouse. You may do this to avoid future conflict between your spouse and your children over your assets.

But even if you want to leave your retirement for just your children, if you’re married and your retirement account is a work-sponsored account, your children won’t inherit the entire account even if you name them as the sole beneficiaries. That’s because the federal Employee Retirement Income Security Act (ERISA) governs most employer-sponsored pensions and retirement accounts. Under ERISA, if you’re married at the time of your death, your spouse is automatically entitled to receive 50 percent of the value of your employer-sponsored plan – even if your beneficiary designations say otherwise.

The only time that your surviving spouse would not inherit half of your ERISA-governed retirement account is if your spouse signs an official Spousal Waiver saying they are affirmatively waiving their right to inherit 50 percent of the account, or if the account beneficiary is a Trust of which your spouse is a primary beneficiary.

IRAs Have Different Rules Than 401Ks

If you want your children to inherit more than 50 percent of your work-sponsored retirement benefits, and completing a Spousal Waiver isn’t an option, consider rolling the account into a personal IRA instead.

In contrast to 401(k)s and similar employer-sponsored plans, IRAs are controlled by state law instead of ERISA. That means that your spouse is not automatically entitled to any part of your IRA.

When you roll a 401(k) into an IRA, you gain the flexibility to name anyone you choose as the designated beneficiary, with or without your spouse’s consent.

On the other hand, if you want to ensure your spouse receives half of your retirement savings, make sure to include them as a 50 percent beneficiary or better yet, have your individual retirement account payout to a Trust instead. With a Trust, you can:

Document exactly how much of your retirement you want each of your loved ones to receive
Control when they receive the funds outright
Easily update and change the terms of your Trust without having to remember to update your financial accounts.

Beneficiary Designations Always Trump Your Will

Whether you have an employer-sponsored 401K or an IRA you manage yourself, there is one critical rule that everyone needs to know: beneficiary designations trump your Will.

A Will is an important estate planning tool, but most people don’t know that beneficiary designations override whatever your Will says about a particular asset.

For example, if your Will states that you want your retirement account to be passed on to your brother, but the beneficiary designation on the account says you want it to go to your sister, your sister will inherit the account, even though your Will says otherwise.

Similarly, let’s imagine that you get divorced and as part of your divorce decree your ex-spouse agrees that they will not have any right to your retirement fund.

However, after the divorce, you forget to take their name off of the beneficiary designation for the account. If you die before updating the beneficiary designation, your former spouse will inherit your retirement account.

If you forget to update your ERISA-controlled account and have remarried, your current spouse would receive half of the account and your former spouse would receive the other half. That’s why it’s so important to work with an estate planning attorney who can make sure your accounts are set up with the proper beneficiary designations and ensure that your assets are passed on according to your wishes.

Work With An Attorney Who Makes Sure All Your Assets Will Be Passed On How You Want Them To

Understanding how the law affects different types of assets is essential to creating an estate plan. But there’s more to it than just having a lawyer – you need an attorney who takes the time to really understand your family and your assets so they can design a custom plan that achieves your goals for your assets and your legacy.

That’s why we help our clients create an inventory of all of their assets to ensure that every asset they hold is accounted for and passed on to their loved ones exactly as they want it to.

Learn more about how we serve our clients differently than most lawyers; schedule a complimentary Family Wealth Planning Session. We’d be honored to share how our unique process can help your family.

How To Talk Money With Your Family Over The Holidays

Tue, 14 Nov 2023 16:59:05 GMT

The holidays are a perfect time to bring up conversations around inheritance, end of life, and stepping into another level of connection and intimacy, if you do it right

The holidays are right around the corner, which means more time to gather with family and relatives than any other time of the year. If you’ve been meaning to talk to your family about money, inheritance, end-of-life decisions, estate planning, and creating a plan for your whole family’s wealth - now and in the future - having everyone in the same room is ideal.

But asking your relatives how they want their assets handled when they die or if they become incapacitated might not go over well while opening presents or carving a turkey.

To keep your family from feeling blindsided and to make the most of your conversation, consider the following three tips.

01 | Share Your Intention Ahead of Time

Many people feel uncomfortable talking about their finances. They may have grown up in a family where money talk was considered taboo or perhaps they simply don’t want the details of their finances to create family tension. Some people also feel like talking about estate planning and making a plan for their money is plain bad luck (but we’re happy to report that planning for your assets does not increase your chance of dying, as you’ve already got a 100% chance of death, but it does increase your chances of leaving behind a happy, well-adjusted family).

To help your loved ones feel at ease, don’t bring money talk up for the first time while the family is gathered around the TV watching football. Instead, approach the topic weeks ahead of time if possible.

If you have regular visits or phone calls with your loved ones, let them know you’ve been thinking about creating a plan for your own money and the care of the family in case something happens to you. Casually mentioning that it’s on your mind will help plant the seed for a future conversation with your loved ones and likely get them thinking about their own plan or lack of a plan.

As your family gathering approaches, bring up the subject again, this time with more intention and detail. Consider asking the host of your family gatherings, whether it’s your sibling, parent, or adult child when the best time would be to have an all-family conversation about money for 90 minutes. Schedule it and let everyone know that you’ve got something meaningful planned.

If the host pushes back against the idea, respond with curiosity about their experience, what they feel apprehensive about, and if there is a way that you could mitigate their apprehension perhaps by speaking with other family members in advance.

If you’ve already completed your own planning, use your experience as a springboard for the conversation. More on this below.

02 | Set Aside a Time and Place to Talk

Discussing money while opening Christmas gifts isn’t likely to have the results you want. Your best bet is to schedule a time to gather to talk without distractions or interruptions.

Be upfront with your family about the meeting’s purpose so no one is taken by surprise and so they come prepared for the talk. Choose a setting that’s comfortable, quiet, and private. The more relaxed everyone is, the more likely they’ll be comfortable opening up.

Begin by sharing the context of why it’s important to you that your family begin having conversations about money, life and death. You may even want to share that the topic is uncomfortable for you, but that it’s important enough that you are willing to be uncomfortable because you know that these conversations can bring your family closer together, create more family resilience, and ensure you are all financially well-cared for, always.

Finally, as part of setting context, set a start and stop time for the conversation. Remember, the goal is to simply get the conversation started, not work out all of the details or dollar amounts, so don’t expect this to be the one and only conversation you have – its a start.

03 | Share Your Planning Experience

If you’ve already created your own plan, and it included an inventory of your assets, a look at what is enough, and what would happen to it all when something happens to you (which is what we do during our first Planning Session with you), you can start by explaining how you felt during the process, how easy it was, and how you feel now knowing that your assets and loved ones will be cared for the way you want if something happens to you.

If you’ve worked with us as your Personal Family Lawyer® firm, describe how the process unfolded and how we supported you to create a plan designed for your unique wishes and needs.

Share any concerns or doubts you initially had about planning and how we worked with you to address them. If you have loved ones who’ve yet to do any planning and have doubts about its usefulness, empathize with them in a supportive and understanding way, and share your own journey learning the benefits of planning for your money and your wishes.

If you haven’t created a plan yet, or have doubts about a plan you created with another attorney, be open about why you want to create a plan for your life and death, such as a desire to avoid family conflict, to ensure that a child, disabled relative, or senior parent is cared for in the future, or to build generational wealth and a legacy for your family. Focus on the benefits that planning will have for both your immediate family and your extended family as a whole.

Bringing Families Together

Talking to loved ones about money and estate planning can be difficult, but at Young Law Group, we can guide and support you in having these intimate discussions with your loved ones. When done right, planning can put your life and relationships into a much clearer focus and offer peace of mind knowing that your assets will be protected and that the people you love most will be provided for no matter what.

If you’ve already created a plan with us, be sure to share your experience with your loved ones. If you haven’t created your own estate plan, doing so before you talk with your family can help your loved ones be more open to the idea and can help them see the incredible benefit of planning from one of their own family members.

Schedule a complimentary call with us using the button below to learn more.

Transition to Adulthood: What Happens Legally When My Child Turns 18?

shaira@younglawnv.com (Sharia Young) — Tue, 07 Nov 2023 17:34:19 GMT

In the eyes of the law, an individual is considered a legal adult at the age of 18. This means that your child gains certain rights and privileges, including the ability to enter into contracts, vote, buy property, and make medical decisions for themselves

How The Law Changes Your Role As A Parent

On the day your child turns 18, your ability to make legal, financial and healthcare decisions for them essentially disappears in a blink. To give you a sense of how impactful this can be, if your now 18-year old or older child is hospitalized and unable to communicate their wishes, healthcare providers won’t even legally be able to share your child’s medical information with you. Similarly, financial institutions won’t permit you to access your child's accounts or make financial decisions on their behalf without their consent - or unless you’re a co-owner of their accounts.

This shift in decision-making authority can feel unsettling and can be particularly challenging if your child is still financially dependent on you, is in a medical emergency, or requires assistance in managing their affairs due to a disability. Thankfully, there are legal tools that can help parents and young adults navigate these new challenges.

Have Their Back With Powers of Attorney

A Power of Attorney is a legal tool that allows your child to designate the person they choose to make legal or healthcare decisions on their behalf. There are two common types of Powers of Attorney that can be valuable in this situation: a General Durable Power of Attorney and a Power of Attorney for Healthcare.

A General Durable Power of Attorney allows your child to appoint someone to manage their financial affairs in the event they become incapacitated or if they just want help managing their finances. With this in place, you can continue to assist your child with financial matters, even after they turn 18.

The important thing to remember however is that not every financial institution will honor a Power of Attorney, so while every adult should have this legal tool, it’s important to check with your specific institution and possibly set up your child’s accounts in a different way to ensure you have immediate access to them if needed. We’d be happy to discuss which options are best for you and your adult child.

A Power of Attorney for Healthcare grants someone the authority to make medical decisions on your child's behalf if they are unable to do so, such as medication and treatment options, nutritional needs, and life-support measures. This is crucial to ensure that your child receives the care they want, even if they cannot communicate their preferences.

Only your child can put these measures in place, but encouraging them to create these legal documents is a proactive step in maintaining your ability to assist them when they need it most.

Stay Informed With a HIPAA Waiver

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects the privacy of individuals' medical records. Once your child turns 18, their medical information is protected under HIPAA, and healthcare providers are prohibited from disclosing it to anyone without the patient's explicit consent - parents and family members included.

To maintain access to your child's medical information, they must complete a HIPAA waiver. This document permits healthcare providers to share medical information with individuals specified in the waiver, such as parents or trusted family members.

Having a HIPAA waiver in place can be invaluable during medical emergencies when swift access to medical records is critical. It can also be a valuable tool for young adults who may simply appreciate a parent’s ability to speak to their doctors when they aren’t feeling well or are overwhelmed with the demands of work, college, or both.

Support Their Journey Into Adulthood Through Open Communication

Transitioning to adulthood is a significant step for both parents and children. While legal documents such as Powers of Attorney and a HIPAA Waiver are essential, it's equally important to have open and honest conversations with your child about their wishes and the responsibilities that come with adulthood.

Discuss their healthcare preferences, financial decisions, and their expectations from you as a parent. Encourage them to consider creating these legal documents not only for your peace of mind but also for their own protection.

We invite you to reach out to our firm at any time, but if you have a teen who is approaching adulthood, reach out to us right away to ensure your child has the legal support and protection they need no matter what adulthood brings.

And if you aren’t sure how to talk with your adult child about these legal tools, we can help you start the conversation from a place of love, compassion, and collaboration. Schedule a Family Wealth Planning session today to get started.

The Scary Truth: Naming Godparents Does Not Create Legal Guardians

shaira@younglawnv.com (Sharia Young) — Tue, 31 Oct 2023 16:12:45 GMT

Many parents name godparents to mentor and guide their children throughout life. But the scary truth is that your children could still end up in protective services even if they have a godparent

As a parent, your top priority is the well-being and future of your children. You plan for their education, health, and happiness, and often this planning includes the tradition of choosing godparents to guide and mentor your children if something happens to you. While selecting godparents is a meaningful tradition in many cultures, it's important to understand that naming a godparent is not the same thing as naming a legal guardian for your children.

To put it bluntly, even if you have named godparents, if something happens to you, your children could end up in the care of strangers, child protective services or in the long-term care of someone you would never want raising your children.

Godparents

A godparent is traditionally someone you name to watch over your child and help them live according to your morals and values. Godparents are meant to be mentors and role models, guiding your child in matters of faith, morality, and character. The role of a godparent is deeply rooted in religious and cultural traditions, and they often participate in religious ceremonies such as baptisms or confirmations.

Whether your family is religious or not, godparents may also play a supportive role in your child's life by offering emotional support, advice, and friendship. They can be someone your child can turn to for guidance and a listening ear, but their responsibilities are largely informal and non-legal.

Legal Guardians

In contrast, naming a legal guardian for your child is a formal, legal process. A legal guardian is someone who has the legal authority to make decisions on behalf of your child, especially if you, as the parent, are unable to do so. This could occur due to your passing, incapacity, or any situation in which you cannot provide care or make important legal, financial, healthcare or education decisions for your child.

The responsibilities of a legal guardian encompass every area of your child's life that you would normally manage as a parent. This includes everything from feeding and clothing your child to deciding where they go to school, attending parent-teacher meetings and which extracurricular activities they participate in. Legal guardianship also includes the decisions about where your child lives and what medical treatment they should or should not receive.

A legal guardian may also help manage your child's financial assets and resources, ensuring their financial well-being. In some cases, if you’ve planned ahead, you may choose to have a different person act as a financial Trustee of the assets you leave for your child, and your chosen Trustee will work alongside the legal guardian to ensure your child is financially supported. In some cases, your guardian and Trustee may be the same person. This is a decision we can help you make during a Life & Legacy Planning Session, based on the specifics of your family dynamics.

Why Naming Godparents Isn’t Enough

While godparents may be deeply caring and involved in your child's life, they have no legal authority to make decisions for your child unless they are officially appointed as a legal guardian by the court. That means that until that happens, (if it happens) your child’s godparents are not legally able to make any decisions for your children, including their basic care needs, education, and medical care.

If you become incapacitated or die, and have not legally nominated a guardian there could be a complex and expensive custody dispute among your family members. Grandparents, aunts, and uncles may assume you would want your children to live under their care rather than the people you named as godparents. This is especially likely if the people you’ve named as godparents are not related to you by blood or marriage.

Without a legal guardian designation in writing and signed with the formalities of a Will, godparents may find themselves in an expensive court battle over custody rights, and they may not even be named as the legal guardians of your children at all. In fact, the court could name someone you would never want raising your kids as their legal guardian.

Life-long Legal Protection for Kids

While godparents hold a significant place in your child's life as mentors and role models, they don’t possess the legal authority to make critical decisions for your child or provide for your child's physical and financial well-being on their own. Instead, consider combining the roles of godparents and legal guardians into one. If you’ve already chosen people you trust to serve as lifelong role models and spiritual guardians for your children as their godparents, why not give those people the legal authority to truly perform those duties if something happens to you?

If you aren’t sure who the best guardian or godparent is for your children, we can help. We’ll walk you through a heart-centered process for choosing guardians who genuinely care for your child's well-being and share your values. Plus, we’ll ensure they have the financial and legal tools needed to give your child the best life possible if you can’t be there.

Getting started is easy and I encourage you to name permanent legal guardians right now. But don’t stop there. The best way to keep your children safe and secure is to create a comprehensive Kids Protection Plan that keeps your children in the care of the people you choose in any situation, out of the care of anyone you wouldn’t want, ensures your children can receive prompt medical care, and that the authorities know who to contact in an emergency so your children are never placed in protective custody - even for a minute.

To learn more and to get started today, schedule a Family Wealth Planning Session today.

Year-End Tax Planning Starts Now: 8 Things To Do Now To Lower Your 2023 Taxes - Part 2

shaira@younglawnv.com (Sharia Young) — Tue, 24 Oct 2023 15:59:09 GMT

Last week we looked at four different ways to lower your tax liability for 2023, from adjusting your tax withholding to strategically planning your medical procedures. In this week’s blog, we discuss four more tax-saving methods you can use right now to owe fewer taxes come April 2024

Make Charitable Gifts

Giving back to your community or supporting causes you care about is not only rewarding but can also provide tax benefits if your family’s tax deductions are close to exceeding the standard tax deduction.

The standard deduction for 2023 is $12,950 for individuals and $25,900 for married couples filing jointly. Remember that the total of your itemized deductions, including charitable contributions, must exceed the standard deduction for your filing status to provide a tax benefit.

If you’re nearing the top of the standard deduction threshold, this year may be a great time to contribute to a charitable organization that is important to you.

Doing so will help support a good cause and allow you to make itemized deductions for an extra reduction in your taxable income for the year.

If you make any charitable donations, keep detailed records of your donations, including receipts and acknowledgments from the charities. If you donate non-cash items (such as clothing or household goods), make sure to document their fair market value.

If you aren’t sure how to document your donations or aren’t sure if a charitable donation will be advantageous to you this year, be sure to discuss this with your tax professional.

Consider Tax-Loss Harvesting

Tax-loss harvesting is a strategy designed to offset capital gains by selling underperforming investments. This technique can help you minimize the taxes you owe on your investment gains.

The first step is to identify investments in your portfolio that have experienced losses and then sell those investments to realize the losses. After all, you haven’t actually lost or gained capital until the money enters or leaves your portfolio.

By selling underperforming investments, you can now use the lost capital to offset any capital gains from other investments that are doing well. Losses can be used to offset up to $1,500 for individuals filing separately or up to $3,000 for couples filing jointly.

It's important to remember that there are rules and limitations when it comes to tax-loss harvesting. Consult with a financial advisor or tax professional to ensure you execute this strategy correctly and in a way that aligns with your overall financial goals.

Pay Your January Mortgage Payment in December

If you're a homeowner with a mortgage, making your January mortgage payment in December can provide a valuable tax advantage. Mortgage interest is deductible on your income tax return, and prepaying your January mortgage payment in December gives you an extra month of interest to deduct on your 2023 taxes.

However, before implementing this strategy, check with your mortgage lender to ensure that they apply the payment correctly. Some lenders may automatically apply extra payments to your principal balance rather than counting them as interest for the next month.

Max Out Your IRA (Individual Retirement Account) or Roth IRA

Retirement planning is crucial for long-term financial security, and IRAs are excellent vehicles for saving for your golden years. For the 2023 tax year, the maximum contribution limit for both traditional and Roth IRAs is $6,500, with an additional $1,000 allowed for those aged 50 or older. It's essential to understand the differences between these two types of IRAs to choose the one that suits your needs best.

Traditional IRA contributions may be tax-deductible, potentially reducing your taxable income for the year. However, withdrawals in retirement are subject to taxation.

Roth IRA contributions are made with after-tax dollars, so they don't provide an immediate tax deduction. However, qualified withdrawals in retirement are entirely tax-free. By maximizing your contributions to your IRA of choice, you can secure a more comfortable retirement and possibly reduce your tax liability for this year.

The Foundation of Life-Long Support and Security

Proactive year-end tax planning can significantly impact your financial well-being. By implementing these eight tax-saving strategies, you may be able to keep more money in the bank and take a step toward a brighter financial future.

But good money management is only one part of the equation for a life you love and a legacy that will guide and support your family for generations to come.

Making the best strategic decisions to protect your family’s health, finances, and happiness is equally, if not more, important. If you want to make sure that both your financial and personal life are in order today and structured to give your family the best support possible tomorrow, give us a call.

We would be honored to help you protect everything you own and everyone you love through our heart-centered estate planning services.

Year-End Tax Planning Starts Now: 8 Things To Do Now To Lower Your 2023 Taxes - Part 1

shaira@younglawnv.com (Sharia Young) — Fri, 13 Oct 2023 17:57:11 GMT

It might seem early to think about your 2023 taxes, but it's the perfect time to take a closer look at your financial situation and make some strategic moves that can help you minimize your tax liability come April

Contribute to Your HSA (Health Savings Account)

A Health Savings Account (HSA) can be a powerful tool for both managing your healthcare costs and reducing your taxable income. HSAs allow you to set aside pre-tax dollars to cover future qualified medical expenses. Contributions to your HSA are tax-deductible, and the earnings grow tax-free. To make the most of this tax-advantaged account, consider maximizing your contributions to your HSA before the year ends.

For the 2023 tax year, you can contribute up to $3,650 if you have self-only health insurance coverage or $7,300 for family coverage. If you are 55 or older, you can also make an additional $1,000 catch-up contribution. By increasing your HSA contributions, you not only reduce your taxable income this year but also build a valuable fund for future healthcare expenses.

If your employer offers an HSA account they may make an annual contribution to the account. If you’re self-employed or don’t have access to an employer-sponsored HSA, you can set up your own through most financial institutions.

Even better, the money you contribute to your HSA never expires and can be used years into the future. Just keep in mind that if you’ve taken money out of your HSA this year to pay a medical expense, that withdrawal will be counted as income on this year’s income tax return.

Contribute to a 529 College Fund

If you have aspirations of sending your children or grandchildren to college, establishing or contributing to a 529 college savings plan is a strategic financial move. These plans offer a tax advantage, as contributions are tax-deductible on the state level. While contributions aren’t deductible on the federal level, any earnings in the account grow tax-free as long as they are used for qualified education expenses.

In 2023, you can contribute as much as you like to a 529 plan, but contributions above $16,000 per year ($32,000 for married couples filing jointly) may be subject to gift tax. Nevertheless, contributing now can help you leverage potential state tax deductions while investing in your loved ones' future education.

Not sure your child or grandchild will attend college? Funds in a 529 account can also be used for vocational and trade school tuition and fees or elementary and high school tuition costs.

Adjust Your Tax Withholdings

If you are an employee, form W-4 determines how much income tax is withheld from your paycheck each month. It's essential to review and, if necessary, update your withholding information, especially if you've experienced significant life changes such as marriage, divorce, the birth of a child, or changes in your income during the year.

Adjusting your tax withholdings can help you avoid overpaying taxes throughout the year, leaving you with more money in your pocket. On the other hand, failing to update your W-4 could result in underpaying your taxes, which means needing to make a tax payment instead of receiving a refund come tax season, as well as potential penalties. Consult with a tax professional or use the IRS's online withholding calculator to determine the correct withholding for your specific circumstances.

If you work as a 1099-independent contractor or own a business, you should meet with your tax professional to determine if you need to make any changes to the structure of your business, or establish retirement accounts, before the end of the year. If you need help knowing what to bring to your tax professional, or how to ask the right questions, give us a call.

Schedule Medical Procedures Strategically

Medical expenses can add up quickly, and the tax code provides a deduction for qualified medical expenses that exceed 7.5% of your adjusted gross income (AGI) for the 2023 tax year. To maximize your deduction, consider scheduling necessary medical procedures before the year ends.

While not every medical need can be planned ahead of time, if you know you’ll need or want an elective surgery, try to schedule it before December 31. Similarly, if you’ve met your out-of-pocket maximums for health or dental insurance, now is the time to get all members of your family in for any remaining check-ups or follow-up procedures.

If you don’t think they’ll meet the threshold for medical deductions this year but anticipate a large medical bill like a birth or surgery next year, consider delaying any unnecessary medical work until January to take advantage of the medical expenses deductions next year.

Be sure to keep detailed records of your medical expenses, including bills, receipts, and insurance statements, to support your deduction claims.

Looking Out for Your Family and Your Finances

Looking at your finances and seeing where you can save money on your taxes isn’t just about finishing the year off strong and getting organized for tax season. It's about making strategic moves that position you for success now and help protect and support your loved ones in the future.

To make sure your family is cared for no matter what the future holds, schedule a Family Wealth Planning Session today. We’d be happy to talk with you about how we guide our clients to create a plan that protects their assets and their family for years to come.

And don’t forget to tune in for part two of our year-end tax planning series, where we'll explore even more strategies to help you keep more of your money where it belongs – in your pocket.

Flu Season Fundamentals: How to Keep Seniors Safe This Fall

shaira@younglawnv.com (Sharia Young) — Mon, 09 Oct 2023 17:09:22 GMT

The fall season is a beautiful time of year, but it also marks the beginning of flu season, which can pose a serious threat to your elderly loved ones. Fortunately, there are several steps you can take to ensure their well-being during the colder days ahead, including making sure you’re able to step in and help them with their medical and financial needs

1 | Create a Power of Attorney For Healthcare

A Power of Attorney (POA) for Healthcare (sometimes called a Medical Power of Attorney) is a legal document that authorizes someone you trust to make medical decisions for you if you are unable to do so yourself. If your senior loved one still needs to get a POA for Healthcare in place, now is the time to create one.

If they do have a POA for Healthcare, but it’s been a while since they created it, it’s time to review it to ensure it accurately reflects their current medical wishes and appoints a trusted individual as their agent for making healthcare decisions on their behalf.

Having a POA for Healthcare in place for your senior can provide peace of mind knowing that you or another trusted person can immediately step in and care for them during times of illness or incapacity, such as a severe case of the flu or pneumonia. A POA for Healthcare can also be used if you need to make a medical decision for your loved one during surgery or if they develop long-term memory problems.

Important: ensure that the POA for Healthcare for your senior loved one (or yourself) includes “living will” provisions either included in the POA or in a separate document, stating not just WHO should make decisions for you or your loved one, but how you would want those decisions to be made.

2 | Sign a HIPAA Waiver

Health Insurance Portability and Accountability Act (HIPAA) regulations are in place to protect an individual's medical information. However, during flu season, it's important to have the ability to communicate with your senior's doctors to stay informed about their health.

A signed HIPAA waiver allows healthcare providers to share medical information with the individuals they’ve authorized to receive it. This can be crucial for keeping family members and caregivers in the loop about your senior loved one's health status and treatment plans.

Whether your senior is feeling too ill to call their provider or needs help understanding their doctor’s instructions, a HIPAA waiver allows you to speak directly to your loved one’s provider to make caring for them as quick and easy as possible.

3 | Schedule a Check-Up

Before flu season is in full swing, it's wise to schedule a comprehensive check-up for your senior loved ones with their healthcare provider. A check-up allows for a thorough assessment of their health, identification of any potential risks, and ensures that chronic conditions are being properly managed.

This proactive approach can help catch and manage new health issues early on and prevent complications down the line. Plus, having a check-up now will hopefully let your senior avoid the need to visit a crowded clinic waiting room during peak flu season because a health issue wasn’t detected sooner.

Don’t forget to bring a copy of your senior’s Power of Attorney for healthcare and their HIPAA Waiver to their provider’s office so they can scan it into their patient file to have it on hand and ready if needed.

4 | Create a General Durable Power of Attorney

To avoid exposure to the flu, colds, and rainy weather fall brings, many seniors appreciate the ability to stay closer to home. You can help keep them safe and make sure their daily needs are taken care of using a General Durable Power of Attorney.

This legal tool lets your senior appoint people they trust to take care of non-medical decisions and tasks, like going to the bank, paying bills, or making purchases.

Consider setting up or updating a General Durable Power of Attorney to grant this authority when needed. This legal tool ensures that someone is empowered to manage financial and other non-medical matters on behalf of your senior loved ones during flu season or any other time they might need assistance.

Just note that not all banks and financial institutions honor a General Durable Power of Attorney, so contact your bank to verify if they do and then contact us right away to set up your loved one’s affairs in a way to ensure you can instantly step in to help with their banking needs regardless of their General Durable Power of Attorney.

Proactively Keeping Your Loved Ones Safe and Healthy

Caring for your seniors' well-being goes beyond routine medical check-ups and yearly physicals. When flu season rolls around, it's important to take a proactive approach to ensure your senior loved ones can count on you for support in managing their needs. By doing so, you'll help them access the best possible care that aligns with their wishes.

By following these fundamental steps you’ll help ensure your loved ones stay safe, healthy, and cared for during the fall season and the new year ahead.

To make sure your senior has the legal tools they need to stay safe and healthy this year, schedule a Family Wealth Planning Session today. We’ll be happy to share how we support our clients from a place of service and how we can make sure your entire family is well cared for now and in the future.

Have Minor Kids? 3 Instances When Your Estate Plan Must Include A Kids Protection Plan

shaira@younglawnv.com (Sharia Young) — Tue, 03 Oct 2023 17:02:04 GMT

In some cases, naming permanent legal guardians for your child may not be enough to guarantee your kids will always be cared for in the way you want by the people you want. And, there may even be a risk of your kids being taken into the care of strangers or someone you would never want

You Leave Your Kids With Non-Related Caregivers

If you ever leave your minor kids with a caregiver who isn’t a grandparent, aunt, or other family member that the authorities would naturally leave your kids with if something happens to you, this is what could happen.

Your kids are home with the babysitter. You don’t make it home, and the authorities are called. The authorities show up at your house, and what would they do?

Would they leave your children at home with the person taking care of them while they attempt to find your Will or legal guardian nomination? Would they even be able to find your legal documents? Would your legal documents name someone who would be immediately available to come to stay with your children, and would the authorities leave your children with those people without a court order?

If not, you need a Kids Protection Plan® to fill in the gap.

Permanent guardian nominations only take effect upon your passing and are made official through the court system. This means that they do not give any legal authority to your chosen guardians in an emergency or if you become incapacitated.

Because of this, law enforcement could place your child into protective custody with social services in the event of your sudden absence or incapacity due to an illness or injury. To minimize the chances that would happen, we can name legal guardians for the short-term, and give those named guardians the legal documentation they would need and instructions on what to do immediately if something happens to you.

In addition, we will give you the tools to ensure that anyone staying with your children while you aren’t there knows exactly what to do if something happens to you.

You Have Someone In Your Life You Would NEVER Want Raising Your Kids

While this may not apply to you, if it does, you absolutely, 100%, without question need to contact us for a Kids Protection Plan STAT. If you have anyone in your life you would never want raising your kids if you aren’t able to due to illness or injury, we can ensure that person is confidentially excluded from your plan using a Kids Protection Plan. And, we can structure it so that this confidential document is only brought forward if necessary to keep your children out of the care of the person you would never want to raise them.

You Have Unique Desires For Your Kids’ Education, Health Care or Financial Well-Being

You’ve probably given a lot of thought to how you want to educate your children, the kinds of healthcare decisions you make for them, and how you want them to experience reality from a financial perspective. If that’s the case, then you absolutely want to ensure that anyone raising your children, if you can’t, will know how you would have wanted these decisions to be made.

Otherwise, if you don’t take the time to leave instructions to the people who could raise your children, they will not know how you would make decisions if you cannot be there to communicate your hopes, dreams, wishes, and desires.

And, here’s the great thing about this … there’s a 99% chance that you are not going to become incapacitated or die while your children are minors (phew), and yet taking the time to write down your unique desires for their well-being and care is an illuminating process in and of itself that will make you a better parent right now.

We hear it again and again from our clients that when they create their Kids Protection Plan® with us, they immediately feel a great deal of relief and a belief that they are being the best parents they can possibly be. They have more clarity about what’s really important to them, what they want to emphasize, who they want their children to develop relationships with, and where they can better focus their own time, energy, and attention.

If you aren’t sure where to start when creating these instructions, don’t worry. We will support you with the whole process when we create your Kids Protection Plan.

Comprehensive Protection for The Ones You Love Most

Nominating permanent legal guardians is an essential piece of your estate plan, but in reality, it often isn’t enough to ensure your child remains in the care of people you choose, know, love, and trust if something happens to you. If your children are ever left with a relative, or if there is anyone in your life you wouldn’t want raising your kids, or if you have unique high-value wishes for the way your children are raised when it comes to their education, health, or financial well-being, you need a full-fledged Kids Protection Plan.

From 'I Do' to 'What If': Estate Planning Must-Do's for Newlyweds - Part 2

shaira@younglawnv.com (Sharia Young) — Thu, 28 Sep 2023 00:24:42 GMT

Last week we started to explore the key estate planning components every newlywed couple needs to protect their rights, wishes, and plans for their assets now and in the future. This week, we’re continuing the conversation with three more estate planning must-do’s for newlyweds.

04 | A Living Trust

Are you surprised to see a Trust on our list before a Will? Here’s why a Trust is next on your to-do list. If you are newly married, there’s a strong likelihood that you are relatively young in your life and your career, which means there will be many changes in your assets, family, and wishes as the years go by. Or, you might be re-marrying or getting married later in life and already have a well-established home, financial portfolio, and family that you are now combining with your partner’s life.

In either situation, you’re in a position of blending your life as a single person with the life and wishes of someone else, and the best way to make sure your wishes for your assets and your new family are honored during your lifetime and after your death is to legally document them through a Trust.

With a Will, assets must first pass through a court process known as probate before they can be transferred to your spouse or any other beneficiary. But once probate is completed, your loved ones can do whatever they want with the assets they received from you through your Will. The purpose and power of your Will ends when probate ends.

The court probate process required for Wills can take months or even years to complete, and can often lead to ugly conflicts between your spouse and other family members. Plus, a Will only governs the distribution of assets upon your death that are not already covered under your Trust or by your beneficiary designations.

With a Trust, no court involvement is needed, and you can set parameters for how you want your assets distributed over a predetermined amount of time. For example, if you have children or plan to, you can ensure the assets are safeguarded in the Trust until your children reach a certain age. If you have children from a prior relationship, you can also make sure that your new spouse is financially supported by your assets during their lifetime but that your remaining assets will be returned to your children after your new spouse’s death instead of going to your spouse’s side of the family.

Having a Trust hold your children’s inheritance can also help eliminate conflict between step-siblings and between your children and your spouse. Even if your children are adults, leaving their inheritance in a Trust can help avoid family conflict and provide them with a lifetime of asset protection from creditors and lawsuits.

Finally, using a Trust as the main vehicle to distribute your assets during your incapacity and after your death allows you to design a custom plan for what happens to your assets far into the future , ensuring that the goals you have for your loved ones are nourished and that your assets are carefully managed and protected even after you’re gone. You can do this by creating contingencies and incentives in your Trust that encourage your heirs to behave in certain ways. For example, for your sibling to receive their inheritance you could require that they seek drug counseling first, or that your children pursue a course of study before receiving a distribution of income from the Trust.

05 | A Will

A Will allows you to designate who should receive any assets of yours that aren’t already included in your Trust or directed by beneficiary designations. Ideally, your Trust will include all of your assets. But, if you forget to add an asset to your Trust, a Will ensures that the forgotten asset is “poured over” into your Trust and included under its terms for how you want your assets to be distributed and managed.

If you don’t have a Trust, your Will designates who will receive your assets through the court probate process. Your Will may also direct any charitable donations you want to make and can be used to create a Trust upon your death if the circumstances call for it- such as if one of your heirs is disabled at the time of your death.

Even if you don’t think you need a Will because you don't have many assets or have other estate planning pieces in place, having a Will as a backup or “pour-over” tool is an essential part of your estate plan. Plus, depending on state law and whether or not you have children, your assets may not get divided according to your wishes if you don’t have a Will, so it’s always a good idea to create one (or update your old one) when you get married.

06 | Legal Guardians for Your Minor Children

Finally, if either you or your spouse have minor children from a prior relationship, or if you are planning to have kids of your own soon, it is crucial that you select and legally document guardians for your children. Guardians are people legally named to care for your children in the event that you or your spouse die or become incapacitated.

To make sure your children are never left in the care of strangers for even a minute, it’s crucial to name both long-term and short-term legal guardians for your kids. That way, someone you trust will always have the authority to be with your children during a short-term emergency or a long-term situation.

Do not assume that just because you have named godparents or have grandparents living nearby that they will automatically have the authority to care for your children if you can’t. The only way to ensure that your children are cared for by the people you would want is to name guardians in a legal document. Otherwise, you risk creating needless conflict between family members and a potentially long, expensive court process for your loved ones.

Planning for a Lifetime of Happiness

If you’re newly married or are planning to be married soon, I wish you true happiness in your marriage and your new life ahead, and I truly want to help you protect the dream and future you are building with your new spouse. With the excitement of your wedding coming to an end, now is the best time to create an estate plan for your new family, and it may even be the most crucial time to create a plan for them.

We often think that incapacity and death simply don’t happen to newly married couples, but unfortunately, no one can predict the future. If an illness or tragedy does strike you or your new spouse, the ramifications of not having an estate plan in place can be even worse than for a couple who has been married for a long time.

No matter the stage of your relationship or marriage, I can help make sure your spouse and family are protected and cared for now and for years to come. Through our Life & Legacy Planning™ Session process, I’ll guide you from the heart on the estate planning questions and decisions that are essential for your family’s well-being and that feel comfortable to you.

To learn more about how I can help protect your family’s future, schedule a Family Wealth Planning session today. Here’s to a very happy ever after.

From 'I Do' to 'What If': Estate Planning Must-Do's for Newlyweds - Part 1

shaira@younglawnv.com (Sharia Young) — Tue, 19 Sep 2023 15:21:08 GMT

With all the joy and happiness a new marriage brings, planning for your potential incapacity and future death may feel out of place, but creating your estate plan as part of your post-nuptial to-do list is the greatest gift you can give your new spouse

Wedding season is winding down, and if you are a newlywed or are planning to tie the knot soon, it’s time to make your first legal move as a married couple – creating an estate plan. With all the joy and happiness a new marriage brings, planning for your potential incapacity and future death may feel out of place, but creating your estate plan as part of your post-nuptial to-do list is the greatest gift you can give your new spouse. A lot changes once your marriage is official, but how you and your spouse want your finances to be managed or how you would want medical decisions to be made for each other are not automatically documented when you say “I do.”

If you become incapacitated for any reason before your estate plan is complete, your spouse would not have the legal authority to make medical decisions for you even though you’re married. Your loved one would also have no access to your bank accounts, and in the event of your death, could even be put into a position of losing the home and possessions that you owned together. Instead, your choices for yourself, each other, and your life together need to be properly documented to ensure your wishes are respected and honored no matter what the future holds.

Here are 3 essential estate planning tools you need to put in place right now.

01 | Updated Beneficiary Designations

One of the easiest estate planning tasks that newlyweds often overlook is updating their beneficiary designations. Some of your most valuable assets, such as life insurance policies, 401(k)s, and IRAs, do not transfer via a will or trust. Instead, they have beneficiary designations that allow you to name the person (or persons) you’d like to inherit the asset upon your death.

While every couple should consider creating and using a Trust to transfer retirement (only with the guidance of a lawyer, as this can be complex) or life insurance distributions, you shouldn’t wait until your Trust is created or your estate plan is complete to update your beneficiary designations. Until your estate plan is finished, if you would want your spouse to receive your retirement account benefits or life insurance at your death, you need to proactively name your spouse as your primary beneficiary, and then name at least one contingent, or alternate, beneficiary in case your spouse dies with or before you.

If you have minor children at home, remember to never name a minor child as a beneficiary of your life insurance or retirement accounts, even as a contingent beneficiary. If a minor is listed as the beneficiary, the assets would be distributed to a court-appointed custodian, who will be in charge of managing the funds until the child reaches the age of eighteen, at which point the funds would be distributed to them outright, to do with what they want. Instead, you can set up a Trust and name the Trust to receive your life insurance or retirement account benefits.

If you have children or you plan to have children in the future, you should set up a Trust to receive those assets instead so they can be properly managed for your child’s well-being while keeping the funds safe from any future overspending, debt, or legal trouble your child may have. Creating a Trust to hold and distribute assets to your children is even more important if your marriage creates a blended family, as it will ensure your children inherit from you in the way you want and avoid conflict between step-siblings.

If you aren’t sure how to update your beneficiary designations in the best way, contact my office today for a Family Wealth Planning Session. During the Session, I’ll look at exactly what you own and guide you on exactly how your beneficiary designations should be filled out now and after your other estate planning tools like a Will or Trust are created.

02 | A Durable Financial Power of Attorney

Estate planning is not just about planning for what happens when you die. It’s equally about planning for your life and the unexpected events life throws your way like a serious illness or accident that may leave you incapacitated.

If you become incapacitated and have not added your spouse as an owner on your bank accounts or legally granted them permission to manage your financial and legal interests, they may have to petition the court to be appointed as your guardian or conservator to handle these affairs for you. This is surprising to many newlyweds and long-time married couples who assume their spouse has automatic access to all of their assets at any time. Sadly, this isn’t the case, and without giving written permission to your spouse through a Durable Financial Power of Attorney, that authority could be given to someone else by the court, even a stranger or a family member you would never want to have control over your financial life.

A Durable Financial Power of Attorney would grant your spouse the immediate authority to manage your financial, legal, and business affairs in the event of your incapacity, and give them a broad range of powers to handle things like paying your bills and taxes, collecting government benefits for your care, selling your home or car, and managing your banking and investing. Creating a Durable Financial Power of Attorney is especially important if you don’t live in one of the community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In every other state, the law does not assume your spouse has any ownership of property in your name alone, which means your spouse could be forced to move out of your shared home or give up your shared property with little notice and little legal recourse.

03 | A Power of Attorney for Health Care and Living Will

Where a Durable Financial Power of Attorney gives your spouse the authority to manage your financial and legal matters, a Power of Attorney for Health Care lets them make medical decisions for you if you can’t communicate them for yourself. For example, a Power of Attorney for Health Care would let your spouse make decisions about your medical treatment if you are in a serious car accident or hospitalized with a debilitating illness. If you don’t name your spouse as your Power of Attorney for Health Care and you do become incapacitated, your spouse would have to petition the court to become your legal guardian before they can make any major medical decisions on your behalf.

Even though your spouse is generally the court’s first choice for your legal guardian, relatives may also petition the court to be appointed as your guardian, which can create severe conflict and financial strain in your family. Creating a Power of Attorney for Health Care that names your spouse as your decision-maker far in advance will spare your spouse the time, money, and stress involved with a court guardianship process. Within or attached to your Power of Attorney for Health Care should be your Living Will. A Living Will explains to medical providers and to your decision-maker how you would want your medical care handled, particularly at the end of life. Because a Power of Attorney for Health Care and a Living Will go hand-in-hand, they are often combined into a single document.

In your Living Will, you can explain your wishes for life support, whether you would want hydration and nutrition supplied intravenously, and even what kind of food you want and who can visit you in the hospital. It is always a relief to your spouse to have instructions and wishes written out by you in advance that they can lean on, rather than having the added stress and trauma of trying to guess what your wishes would be in these situations.

Through Sickness and Health, We Can Help

Between moving in together, establishing a new routine, and combining your finances, estate planning can seem like a low priority for newlyweds. But in reality, estate planning shortly after getting married is one of the smartest decisions you can make for your marriage. Creating your plan shortly after your wedding is also the most convenient time to plan since you will inevitably be going to the bank and contacting your financial institutions to update your new marital status.

To make sure your new spouse has immediate access to your assets and that you can always care for them in the way they would want, give me a call. It would be my honor to help you and your spouse plan for your new life and your future through my unique, heart-centered process.

If talking about finances and death shortly after your wedding feels heavy, don’t worry. I’ll guide the discussion in a way that feels casual, natural, and helps facilitate open communication between you and your new spouse.

Don’t forget to check back next week for part two of this series!

Include Your Intellectual Property In Your Estate Plan

shaira@younglawnv.com (Sharia Young) — Thu, 14 Sep 2023 01:19:10 GMT

If you create music, own a business, write stories, or build gadgets in your garage, you almost certainly have intellectual property. However, because intellectual property is intangible, it’s often overlooked in estate planning.

Do You Have Intellectual Property? Include It In Your Estate Plan

You don’t have to be a famous producer or household name to own intellectual property. If you create music, own a business, write stories, or build gadgets in your garage, you almost certainly have intellectual property. However, because intellectual property is intangible, it’s often overlooked in estate planning.

And if you do have intellectual property, it may hold significant sentimental and even monetary value for you and the people who love you. Without properly planning for these works in your estate plan, your family could lose these valuable assets forever. Even if you’ve worked with a lawyer to set up your business, write a will, or file your taxes, those professionals may not be thinking about what happens to your intangible assets upon your death. Many lawyers who focus on estate planning don’t really understand the value of intellectual property and how to protect it. We do, and now so will you.

It’s essential that you take the proper steps to not only protect these intangible assets during your lifetime but also ensure that your intellectual property is properly handled following your death. That way, the monetary and human value of your intellectual property isn’t lost forever when you die.

Safeguard Your Intellectual Property During Life

While you might think that identifying, protecting, and valuing your intellectual property is something that only applies to big companies and famous artists, that’s definitely not the case. Your intellectual property has sentimental value to your family and may have more monetary value than you realize, and could be of even greater value to your loved ones after you’ve died.

The first step to take in protecting your intellectual property is to formally document it in an inventory of assets that describes what the asset is, where it’s located, and how to access it if it’s a digital or intangible item. This is something I help all of my clients create to ensure that no asset, whether tangible or intangible, is left out of their plan or lost when they die.

The next step is to consider if any of your intellectual property should be legally registered in the form of trademarks, copyrights, or patents with the U.S. Patent and Trademark Office. Original works are automatically copyrighted when you create them, but without legally registering your copyrights, it can be difficult to prove and enforce your copyright if someone steals your work and presents it as their own. If you’re lending, renting, licensing or selling anything you’ve created to a third party, it’s also important to have the proper legal agreements and contracts in place to ensure there’s no question about who owns the material. Likewise, if you own a business and have not protected your intellectual property with copyrights, trademarks, patents, royalty and licensing agreements, non-competes for employees, and work-for-hire provisions in your existing agreements with independent contractors and vendors, now is the time to do so.

Don’t wait until your intellectual property is stolen or you receive a cease-and-desist letter to put these protections in place. Registering a trademark or copyright might cost you time and money, but failing to register your original works can cost you far more than that in legal fees or the lost value of your assets, especially if your family ends up in court trying to fight for what you created.

Protect Your Intellectual Property for Future Generations

In addition to protecting your intellectual property during your lifetime, it’s equally important to plan for what will happen to these assets at your incapacity or death, and to protect your heirs from a potentially long and costly court battle over the ownership of your intangible assets. The most important thing is to make sure that your family can locate and access your intellectual property after you’re gone. Otherwise, your work could be lost forever.

Once you’ve created an inventory of your assets, you’ll need to make sure your loved ones know how to find your inventory so that if you die or become incapacitated they can easily locate and access your assets. Your inventory should also include how each asset is accounted for in your estate plan and whether you share ownership of any intellectual property with another person or company. To make sure all of your assets are planned for in the right way, it’s imperative to meet with an estate planning attorney who has the experience and knowledge to plan for your intellectual property and protect any future income the property may generate for your loved ones.

Your attorney should help you plan for each asset, who will inherit it, how its value will be distributed, and how income generated from it will be used, all while avoiding the need for a long and costly probate proceeding. If you think this all sounds overly complicated, imagine how much more difficult it will be for your loved ones to deal with it should something happen to you. In fact, it could prove impossible for your loved ones to handle these matters in your absence, which is why it’s so important for you and your legal team to take care of these issues now. That way, your family isn’t stuck trying to clean up your mess after your death.

Planning for All of Your Assets, In The Best Way

While you might not be a famous author, artist or musician (yet), you very well may have valuable intellectual property, and chances are that property has not been properly documented or accounted for in your estate plan. Besides monetary value, your pieces of intellectual property are unique creations that reflect your heart, soul, and personality that your family will cherish for years to come.

To make sure all of your assets are protected and planned for, including your intellectual assets, give us a call. At Young Law Group, we offer expertise in documenting, valuing, and protecting your intangible assets so your loved ones can benefit from these creations for generations to come.

Help Your Parents Avoid These New Financial Scams - Part 2

shaira@younglawnv.com (Sharia Young) — Wed, 06 Sep 2023 15:09:46 GMT

In part one of this series, we explored two popular scams that are targeting older adults this year: the grandparent scam, and cryptocurrency pickpocketing. In this week’s blog, I’m sharing two more scams that you and your parents need to be aware of, plus tips for staying protected.

03 | PERSONALIZED PHISHING EMAILS

Imagine opening your inbox to an urgent email from a seemingly legitimate source – perhaps your bank, a popular online retailer, or even a social media platform. The message claims there has been suspicious activity on your account and urges you to click a link or provide sensitive information to verify your identity. This is the classic phishing email – a crafty attempt to deceive you into revealing your personal data.

Phishing has been around since email became mainstream, but what has changed is the depth to which scammers feign legitimacy. Even if you or your parents are familiar with phishing email schemes, new approaches and advances in technology are making it harder than ever to detect a phishing email.

Same Scammers, New Tricks

Phishers often pose as trusted entities such as banks, governments, or department stores. But in recent years, phishers have been sending their victims more personalized emails to trick them into thinking the message is from someone the victim personally knows or is personally connected with. The email will address the victim by name and may appear to come from a friend, co-worker, or supervisor. It may even contain a legitimate-looking email domain, signature, or logo.

The email will usually claim that there is a time-sensitive matter that needs to be addressed, such as a gift that needs to be purchased for a co-worker’s birthday or important client, and asks the victim to purchase the gift via online gift cards, PayPal, or crypto.

For example, you may see an email that reads:

“Hi Jim, this is Mr. Boss. I’m going to be in meetings all day today but I need to send a gift to our new client right away. Please purchase a $200 gift card on Amazon and send it to this email address. I will then forward it to our client.”

Some phishers will pose as banks, lending agencies, or debt relief programs and claim that you have been approved for special credit or financial assistance. In the aftermath of the COVID-19 pandemic, student loan pause, and hurricane season, you may have seen an email like this:

“Hi Aaron, it’s Gav with Hardship Relief Program. We tried reaching you at your home and did not hear back… I’m not sure if you’ve spoken to an assigned agent yet, but I do see that you’re pre-approved for our Hardship Program. So, what I’m going to do is keep this in a pending status. Please give me a call between the hours of 8 AM and 10 AM EST to go over the details. My number is 555-886-3424.”

Identifying Scams: It’s All in The Details

Before you respond to any kind of email requesting a phone call, consider whether the sender’s request seems legitimate. Did you actually open an account or fill out an application? Is it normal for your boss to email you about important requests?

Always scrutinize the sender's email address, even if it looks legitimate, by hovering your cursor over the email address to reveal its true origin. Avoid clicking on suspicious links, and never share personal information via email, no matter how professional the sender’s email appears.

Check the email and “from address” for typos, and verify the information provided by the sender, such as the company name and phone number, by searching for it online. When in doubt, contact the company directly through official channels to confirm the authenticity of the message.

04 | THE ONLINE OVERPAYMENT SCAM

In the world of online buying and selling sites like Etsy, Facebook Marketplace, Poshmark, and Craigslist, scammers are increasing their attacks and their success by preying on the good conscience of other people.

In the overpayment scam, the fraudster contacts the victim pretending to be interested in purchasing an item the victim has listed for sale online. The scammer offers to purchase your item, usually at an inflated price and appears to make a payment that's higher than the agreed-upon amount.

The scammer then requests that you refund the excess amount they "accidentally" sent, and will usually act panicked, upset, and harried. The scammer may even threaten to report the victim to the police for “stealing” the scammer’s money.

But here’s where the twist comes in: the overpayment sent by the scammer was actually fake – a fraudulent check or a forged payment confirmation email that made it seem like you received funds when in fact the scammer didn’t send anything at all. When you refund the overpaid amount, you're essentially giving away your legitimate money, and by the time the scam is realized, the scammer has disappeared into the digital abyss.

To protect yourself and your parents from this sinister scam:

Always require online buyers to pay through traceable means, such as PayPal, Cash App, or Venmo.
Avoid sending and receiving money from strangers through non-refundable money transfer services like Zelle.
Never accept more money than the purchase price.
If the buyer wants a refund, verify that you actually received the funds by logging into your payment servicer account and checking your balance there. Do not rely on a confirmation email which can be easily faked, especially if your payment account does not show any payment received.

Preserving Your Assets and Protecting Your Loved Ones

Staying on top of constantly changing financial scams can feel overwhelming, but with the right knowledge and tools, you can help keep yourself and your aging parents safe from the financial and emotional harm scams cause.

At Young Law Group, we're available to help guide a discussion with you and your parents about your financial well-being as part of your estate plan, including how to catalog their assets and how to make it as easy as possible for you to help each other in the case of an emergency or scam attempt.

If you want to know more about how working with our firm can help you and your family, schedule your Family Wealth Planning Session today. It would be my honor to look after your family’s plans now and for years to come.

AARP and The Red Cross Celebrate Make-A-Will Month, But Here's What They Didn't Tell You

shaira@younglawnv.com (Sharia Young) — Tue, 29 Aug 2023 04:03:06 GMT

AARP and The Red Cross Celebrate Make-A-Will Month, But Here's What They Didn't Tell You

August is National Make-A-Will Month and you may have received an advertisement in your inbox or mailbox from AARP or the American Red Cross reminding you to get your Will taken care of this month. Both AARP and the Red Cross promoted their partnerships with FreeWill.com, a website that claims to help you create a legally valid Will in just 20 minutes.

A Will is usually the first thing that comes to mind when you think of getting your affairs in order, so the advice presented by AARP, the Red Cross, and National Make-A-Will Month itself sounds really good. But in reality, the message of AARP and the Red Cross for Make-A-Will Month could leave your family with a stressful mess when you die or if you become incapacitated first. To understand why, it’s important to know what a Will does and where its limits lie.

A Will Does Not Cover All of Your Assets

Advertisements and public campaigns about making a Will can make it seem like a Will can take care of all of your needs and all of your assets after you’ve died. In reality, a Will only covers certain items of your property, including any property owned solely in your name and any property that doesn’t have a beneficiary designation.

That means a Will does not control property co-owned by you with others listed as joint tenants or owned as marital property with a spouse, meaning you can only give away your share of any property you own with others, not the entire property.

Assets such as retirement accounts and life insurance policies that have beneficiary designations are not controlled by your Will at all but will instead be paid out directly to the person listed as your beneficiary on each account. Because of this, it’s especially important to make sure your account beneficiaries are up to date. And, that you have backup designations in case your chosen beneficiary isn’t living at the time of your death.

Even if your Will states that you want your wishes to apply to all of your assets, the wishes in your Will are always trumped by beneficiary designations and co-ownership laws.

A Will Does Nothing For You If You Become Incapacitated

Since your Will doesn’t have any authority until after you’ve died, you can’t use it to give someone you trust the power to make decisions for you if you’re incapacitated due to illness or injury. An incapacity can occur as a result of a car accident, an injury sustained while playing with your softball league, or due to an illness, and may be temporary or permanent.

Tasks like paying your bills, managing your money, and maintaining your home may all require help if you become incapacitated. Likewise, you’ll need someone who can make medical decisions for you if you’re unconscious or unable to communicate your medical choices effectively, such as if you’re in an induced coma in the hospital or have memory problems due to an injury or degenerative condition.

Unfortunately, the people named in your Will have no authority to make decisions for you or act on your behalf while you're alive unless you’ve given them that power through a separate Power of Attorney. Without it, your loved ones may need to go through a court guardianship process to gain the authority to take care of you and your home.

A Will Must Be Filed in Court to Be Used

One of the biggest estate planning myths I hear from clients is the belief that by having a Will, their loved ones won’t need to go to court after they die.

Sadly, this is the opposite of the truth.

A Will only has the authority to control your assets and represent your decisions when it is filed under a probate case in court after your death. If you named someone in your Will to manage your estate or watch over your children, that person will have no authority to do so while you’re alive.

Your chosen representatives can only begin the process of managing your assets and following the wishes you’ve left in your Will only after a judge or court commissioner has formally given them the power. While court oversight can be helpful if there is any confusion or disagreement about your estate, the probate process can be long and expensive. Often, the process can take 12 - 18 months or sometimes even longer.

Due to the length and complexity of the process, going through probate can easily cost your family tens of thousands of dollars. Some states even require that probate cost a certain percentage of your estate’s value.

In addition, because probate is a public court proceeding, your Will becomes part of the public record upon your death, allowing everyone to see the contents of your estate, who your beneficiaries are, and what they’ll receive. Unfortunately, it’s not uncommon for scammers to use this information to try to take advantage of young or vulnerable beneficiaries who just inherited money from you.

A Will is Not an Estate Plan

Organizations often promote a message of the importance of creating a Will because a Will is a tool that most people have heard of and are familiar with, which makes it an easy launching point to talk about the importance of planning for your assets and your loved ones. But the thing is, a Will isn’t the one-and-done solution that most people are led to believe.

The terms “Will” and “estate plan” are often used interchangeably to mean a tool for dispersing your assets and protecting your wishes, but these two terms are not the same. In reality, a Will is just one piece of your overall estate plan, not the entire plan itself. An estate plan isn’t just one or two documents - it’s a range of strategic decisions about the allocation and title of your assets, and it’s a set of tools and counseling-oriented planning that make sure everything and everyone you love is taken care of both while you’re alive and after you’re gone.

Your complete estate plan may include a Will, a Trust, Powers of Attorney, and other tools that are tailored to your specific situation, local laws, and your vision for the future.

And even more important than both a Will and a Trust, is an inventory of your assets so your family knows what you have, where it is, and how to find it when you become incapacitated or die. Without an inventory of your assets, your family will be lost when something happens to you. A comprehensive inventory updated throughout your lifetime is a critical, and often overlooked, piece of an estate plan that is just a Will.

Trusted Guidance and Counseling

An online program may be able to give you a legally valid Will or other legal documents, but just because something is legally valid doesn’t mean it will be effective. And any document created through a 20-minute online tool is almost guaranteed not to work for you and your loved ones when they need it.

If you’re ready to see how having an estate plan created for your family with heart-forward professional guidance is different than just creating a Will online, schedule your Family Wealth Planning Session today. During the session, we’ll review an inventory of everything you have and everyone you love, and together look at what would happen to your possessions and loved ones when something does happen. Then, I’ll help you develop a plan that works exactly as you want it - at your budget and with your vision - to make sure your loved ones are taken care of when you can’t be there.

Most importantly, any document created using an online tool will lack the knowledge, guidance, and personal counseling of a trusted expert who knows your situation and cares about your plan's effectiveness.

That’s why I don’t just create documents - I guide you and your family through every step of the process, now and at the time of your passing. I even help all of my clients pass on something more valuable than their money - their values, stories, and wisdom - through a Family Legacy Interview.

Help Your Parents Avoid These New Financial Scams - Part 1

shaira@younglawnv.com (Sharia Young) — Wed, 23 Aug 2023 15:41:42 GMT

Fraudsters and scam artists are nothing new, but changing tools and technology are making it easier than ever for scammers to target their victims, especially seniors

01 | THE GRANDPARENT SCAM

One of the toughest parts about being the victim of a scam is the emotional and mental stress it usually causes. Scammers intentionally use urgency, alarm, or guilt to trick victims into making hurried decisions to send money to someone who needs “help.” In the new “Grandparent Scam,” fraudsters will call or text senior adults pretending to be their grandchild. The scammer will claim that they’re in trouble and that they need the grandparent to send them money right away to bail them out of jail, buy a ticket home from a dangerous location, or pay for damages caused by a car accident.

In these scenarios, the scammer will usually ask the grandparent, “Grandma, do you know who this is?” to trick the grandparent to reveal the name of their grandchild so the scammer can use that name for the rest of the phone call. The scammer will then ask the grandparent to wire money to “help” the grandchild and ask that the grandparent don’t tell the grandchild’s parents for fear of them getting upset.

Some scammers are even using AI to disguise their voices while on the phone with the grandparent to sound more convincing. This scam preys on the love and concern our parents have for their children and grandchildren, and can easily cause young or tech-savvy parents to fall victim as well. To protect your parents from being victimized by this scam, talk to them about the importance of never disclosing personal or financial information or the names of their loved ones in a text, phone call, or email. Instead, instruct them to ask who the caller is and to wait for the sender or caller to respond. If in doubt, the senior should ask the sender personal questions that only their real grandchild would know, but a scammer wouldn’t. Most importantly, encourage your parents to contact you before wiring or transferring money to anyone for any purpose, no matter what.

One strategy we particularly love is to have a family code word or phrase. For example, your code phrase may be “Cosmo is a spotted dog” and that code phrase would be known by everyone in the family so that if anyone is contacted in an emergency situation, the person could ask what’s our family code phrase, and the person calling, texting or emailing either knows it or doesn’t. And, if they don’t, it’s a no-go for help.

02 | PICK-POCKETING YOUR CRYPTO WALLET

The world of cryptocurrency brings new investment opportunities for those willing to try it out, but with this new financial arena comes new risks and safety measures. In order to store cryptocurrency, you will need a digital wallet, as that’s the safest way to hold your cryptocurrency. Your cryptocurrency wallet doesn’t actually “store” money like a traditional wallet; rather, it stores passcodes, known as keys, that allow you to send and receive digital currency to and from the wallet. Wallets come in two forms: hot and cold. A “hot” wallet stores your cryptocurrency in a location that’s connected to the internet—exchange-based wallets, desktop wallets, and mobile wallets. Because they’re connected to the internet, hot wallets are the most convenient, but also the most vulnerable to hacking.

A “cold” wallet, conversely, stores your cryptocurrency in a location that’s completely offline. Ironically, the most secure type of wallet for storing digital currency is a cold “paper” wallet. Paper wallets involve printing out your keys and storing them in a secure location. While paper wallets are the most secure option, if you lose the codes, it’s the same as losing paper currency—meaning there is no way to recover your investment.

But no matter what kind of wallet your loved one keeps their crypto in, anyone with the “key” to that wallet can access and steal the funds - no hacking required.

How the Scam Works

To gain access to your wallet, scammers will lure you to give them your wallet’s key by pretending to be representatives of a cryptocurrency company like Bitcoin or Coinbase, or by portraying themselves as a crypto broker. Once the scammer has your keys, your cryptocurrency is completely vulnerable, even if it’s kept in a “cold” offline wallet. With the keys, the scammer can move your crypto out of your wallet and disappear with it forever, and since the cryptocurrency market is not attached to the banking system, there is no way to recover cryptocurrency once it’s stolen.

To help protect your parents from these scams, talk to them about the importance of never, ever sharing their wallet keys with anyone besides you and any other trusted family members. This is essential to keep your parents’ crypto investments safe. In all cases, whether your loved ones have crypto in a hot wallet, paper wallet, or directly in a crypto exchange, make sure they’ve given you the details of where their crypto is stored and how to access it in the event they’re incapacitated or die. Otherwise, it’s completely lost.

If you don’t know how to find and access your parent’s cryptocurrency in an emergency or don’t know how best to plan for your own crypto, please talk with us so we can guide you on how to include your crypto information in your estate plan.

Helping You Protect the Ones You Love

Your parents' financial security is a priority that demands proactive measures, especially in the face of emerging scams that exploit their vulnerability. By remaining vigilant and arming yourself with knowledge of these scams, you can effectively shield your family from falling prey to these fraudsters.

But remember, communication is key. Talk openly with your parents about these potential risks, and encourage them to reach out to you or a trusted professional before making any financial decisions.

At Young Law Group, we're here to guide you through the intricacies of safeguarding your family's financial future and can make it even easier to protect your parents by helping them establish estate planning tools to record and pass on digital assets like crypto, Powers of Attorney to help manage their assets, and Trusts to protect everything they love for years to come.

To learn how we can help you protect your parents from these scams, schedule a Family Wealth Planning Session with us today, and stay tuned for the next installment of our series, where we’ll dive into two more financial scams you and your senior parents need to know about.

Can You Rely on Legal Insurance for Your Estate Plan?

shaira@younglawnv.com (Sharia Young) — Mon, 14 Aug 2023 17:22:48 GMT

While group legal insurance might seem like an easy option to save on your family's legal needs, it's often inadequate for creating the kind of estate plan you really need to protect your assets, your choices, and your loved ones.

As the need for affordable legal services becomes even more important in today’s world, it's common to opt for group legal insurance offered through your workplace benefits. These group insurance plans provide free legal assistance for a variety of needs from law firms that have contracted with the insurance company to provide the legal work.

While group legal insurance might seem like an easy option to save on your family’s legal needs, it’s often inadequate for creating the kind of estate plan you really need to protect your assets, your choices, and your loved ones. In fact - the type of estate plan, will, or trust created through legal insurance programs could leave your family with a big mess.

Here are the reasons why estate planning for your family demands a heart-centered, counseling-oriented approach and guidance beyond the scope of your group legal insurance coverage. I’ll help you understand the potential pitfalls of using group legal insurance for estate planning and share suitable alternatives to ensure your assets are properly protected and that your loved ones are left with a legacy of love, and not a big mess.

One Size Doesn't Fit All

When it comes to estate planning, if you have people you love and assets you care about, there is no such thing as a one-size-fits-all plan that works for you and your family. While there are almost always at least, and sometimes 4 key documents in a standard estate plan–a will, trust, health care directive, and power of attorney–there are additional pieces of planning that are quite important for your family, depending on the specifics of your family dynamics and the nature of your assets, to ensure that your plan actually will work when your family needs it. Not to mention the content of these 4 documents must be specifically tailored to meet the unique needs of your family.

Each person and each family has unique circumstances that require custom planning to ensure their plan works the way you want it to. Your financial, medical, and personal needs must be taken into account to craft a comprehensive plan that will serve you now and pass on your assets in the best way after you’re gone, all while ensuring the best use of your resources during your life.

Your group legal insurance plan may have the 4 key documents of an estate plan, but a generic set of planning documents is unlikely to work for you the way you want, and will almost certainly guarantee your family will end up lost and confused when something actually happens to you, and your family needs the support of the plan you created to guide them.

To create a plan that will truly work for you and your family, your planning process needs to begin with an evaluation of your assets and family dynamics and needs to educate you about the application of the law to your specific situation. This is why we don’t have a one-size fits all solution, but instead begin our planning with you looking holistically at everything you have, everyone you love, and what you desire for the people you love.

The type of cookie-cutter estate plan you are likely to receive through your group legal insurance simply won’t include the kind of comprehensive considerations and counseling necessary to deliver a plan that will serve you and your loved ones in the way you would want while keeping your family out of court and conflict.

Legal Insurance Nickel and Dimes

Many group legal insurance plans boast free legal services after your deductible is paid, but what isn’t revealed is the limit of the coverage that’s covered for free.

Only certain types of legal services are covered under group legal insurance plans. Estate planning is frequently covered, but the kind of plan you will receive is a mere set of documents, similar to what you could create yourself online, and not a customized, well-counseled plan that will be sure to work when your family needs it.Plus, some items that are essential to the creation of your plan, like notary stamps or fees to file documents with the state, are not included in the covered service and are instead charged to you as an extra expense.

More importantly, most legal insurance plans have limits to the amount of claims you can file for each type of service each year. For example, you may only be covered to create a Will once a year, but won’t be covered if you need to update your estate plan mid-year if circumstances change or someone dies. Estate planning isn’t something you do once, as your life will change, your assets will change, and the law will change. A legal insurance covered plan will not keep up with those changes, so you may receive documents, but those documents aren’t likely to be what your family needs when something happens to you.

You Need a Heart-Centered, Counseling-Based Planning Approach

Creating an estate plan isn’t just about a Will or a Trust or passing on your money after you’ve died. It’s about making wise decisions about the use of your resources throughout your life, leaving your assets in a way that creates a legacy, not a mess, and creating the best reality possible for yourself and your loved ones.

As your dedicated Lawyer for Life, I take a holistic approach to serving you by working closely with you and your family to understand what matters to you, your family's dynamics and values, and the aspirations you have for your family as a whole. Then, I review and consider all of your assets, including the intangible assets often left out of planning. Then, together, we create a truly personalized plan that takes into account every aspect of your family's well-being for the near and long-term. What’s more, your needs and your family's needs will change over time. You’ll buy new assets and sell others. You may have another child, or become a grandparent. Your son may start a business or your sister may develop a disability.

That’s why it’s crucial to coordinate your estate plan with the circumstances of your loved ones so that your wishes are honored and your assets are protected no matter how their situation changes over time. To do this, I look at how your wishes and the circumstances of your loved ones intersect and can provide you with personalized guidance at any stage in life’s journey. In addition, our planning process includes creating an inventory of all of your assets and we review your entire plan, including all of your decisions and your asset inventory for free every three years to make sure the plan we created for you will continue to serve you and your family in the way you intended. By doing this, we can identify any areas of your plan that need to be changed and any new assets that need to be coordinated into your plan.

Legal Insurance Plans Lack Long-Term Considerations

Estate Planning is a journey that spans a lifetime. As your finances, needs, and wishes evolve over time, your estate plan must adapt accordingly. Relying solely on group legal insurance won’t provide the ongoing support and guidance needed to address changing circumstances over the years.
Under group legal insurance, your choice of attorneys is limited to the firms that have contracts with the insurance company, and there is no guarantee that the attorney you worked with this year will be available to help with changes to your plan next year.

Your children will grow into adults. That means you’ll lose your ability to make decisions for them unless you update your estate plan to nominate a Permanent Guardian or Power of Attorney for them. We can help with that. You may wish to leave your house to your daughter but you worry about the longevity of her marriage. We will help you look at all of these considerations as part of our planning with you now and as they come up in the years that follow.

Time-sensitive changes to your plan that are needed as a result of a sudden emergency or death in the family may be impossible to carry out when using an attorney through group legal insurance. Instead, you want to work with an attorney who knows your family’s story and can pick up right where you left off, allowing them to quickly and effectively address any needed changes to your plan with just a phone call.

Trusted Expertise in Estate Planning

While group legal insurance may seem like the ultimate way to protect your loved one’s future legal needs and your family’s wallet, sadly, the services available through these group insurance plans simply aren’t comprehensive enough to ensure you and your family get the support and guidance they need, and deserve. Instead, it’s crucial to work with an experienced estate planning attorney who gets to know your family on a personal level and can guide you every step of the way.

Your estate planning journey deserves personalized attention, compassionate understanding, and unwavering dedication. That’s why I have dedicated my practice to using a form of estate planning we call Life & Legacy Planning, allowing me to guide you skillfully through the decision-making process while looking ahead to proactively avoid issues in the future.

If you want to make sure your loved ones are always cared for no matter what the future holds, schedule a phone call with me and I’ll share all the details of our Family Wealth Planning Session.

Don't Send Your Kids Back to School Without These Documents

shaira@younglawnv.com (Sharia Young) — Mon, 07 Aug 2023 17:32:12 GMT

As summer comes to a close, and back-to-school excitement fills the air, there is one crucial task that is often overlooked: designating legal guardians for your minor children

In the hustle of back-to-school shopping and end-of-season summer fun, it might seem like naming legal guardians for your kids is a low priority, but nothing could be farther from the truth.

As kids return to school, they’ll spend most of their day in the care of other people - their teachers, coaches, and babysitters. That means that your children will spend most of their time with people who do not have any legal authority to take care of them for more than a brief time in the event you are in an accident or can’t be reached for any reason.

And, if your kids are going off to college, you’ll no longer be able to make decisions for them or have access to their medical records in an emergency unless your adult kids create Powers of Attorney and Health Care Directives.

Don’t Rely on Informal Agreements

They say it takes a village to raise a child, and as parents, you usually have a network of friends or family you feel you can rely on to step in and care for your child if needed. But it's essential not to rely solely on informal arrangements with relatives or friends to care for your kids if you can’t. Whether you are unconscious in the hospital or have passed away, there’s a chance your child could be taken into protective custody by social services until you recover or until a permanent arrangement can be made.

But here’s the thing, the person who ends up taking your child may not be someone your child knows or loves, but a complete stranger in the foster care system. Or, maybe even worse, that person could be someone you never want to raise your kids but who is appointed anyway by a well-meaning court system that doesn’t know what you would want or how you would want your children to be raised.

In addition, if you don’t name legal guardians for your kids you risk creating conflict among family members who want to care for your children and may subject your loved ones to a lengthy and costly court process—an unnecessary burden that can easily be avoided. In fact, not naming more than one guardian is one of the most common mistakes people make when choosing a guardian for their kids.

You know your child and your family better than anyone else, and you know who would be the best fit for raising your child if something happened to you. But unfortunately, unless you document your choice of guardian in advance, the decision of who would raise your child if you can’t is ultimately left to a judge who doesn’t know you or your family dynamics.

Instead, naming short-term and long-term guardians for your kids ensures they are always cared for by people you know and trust.

And, if your kids are off at college, you cannot rely on the fact that you know they’d want you to have access to their medical records and financial accounts if something happened to them. The hospital or banks need official legal documents for you to get access if needed. That’s why we provide all of our client families with young adult planning documents for kids away at college.

Comprehensive Protection for Your Child

To make sure your kids are always protected and cared for by people you trust, it’s essential to create a comprehensive Kids Protection Plan. Every Kids Protection Plan enables you to name short-term temporary guardians who have immediate authority to care for your children in an emergency and long-term permanent guardians who can raise your children if you are no longer able.

My Kids Protection Plan also equips you with emergency ID cards that contain instructions for first responders to contact your child’s guardian if you’re in an accident so they can travel to be with your child right away. Plus, all caregivers, like babysitters and nannies, are provided with precise instructions on how to reach your short and long-term guardians, and that everyone involved in your plan has the necessary legal documents on hand to ensure a smooth process if the need for a guardian arises.

In this way, not only have you legally named guardians for your kids, but you’ve created an entire safety plan to ensure they are always cared for in the way you’d want in any situation.

And for your college-bound kids, it means having young adult planning documents in place like Powers of Attorney and Health Care Directives that allow you to access your kids’ accounts or make medical decisions for them if they become incapacitated by an illness or injury.

A Thoughtful Approach for Your Peace of Mind

At Young Law Group, we are dedicated to securing the well-being of your children under all circumstances. As the back-to-school season approaches, don't overlook this essential homework for parents - naming legal guardians and creating your own Kids Protection Plan.

The first step is to go through our unique planning process to choose the right plan for you, your kids and everyone you love. We begin with a Family Wealth Planning Session. During the Session, I get to know your family on a personal level to understand your family dynamics and your assets. I’ll share the law with you, and together we’ll look at exactly what would happen to your assets and your loved ones if something happened to you right now.

From there, we choose the right plan for you - at the right budget and that achieves your personal objectives - based on the specifics of your family situation. This ensures your kids and family are cared for and protected no matter what happens, so you can embrace the excitement of this new academic year with peace of mind.

To learn more and get started with your own Family Wealth Planning Session, call 702-473-5600. I can’t wait to serve you.

10 Life Events That Signal It's Time to Review Your Estate Plan - Part 2

shaira@younglawnv.com (Sharia Young) — Mon, 31 Jul 2023 17:50:57 GMT

Last week, we started to explore 10 life changes that might affect your estate plan. This week, we're covering 5 more life events that mean it's time to review your plan

You might think that estate planning is something you can complete one time and then check off your to-do list for good. But the reality is that in order for your estate plan to work for you no matter how your life changes, your plan needs to change with it.

To make sure any big changes in your life are considered in your plan, I recommend reviewing your estate plan with your attorney at least every three years. But if any major life events happen before then, it’s crucial to have your plan reviewed as soon as possible so it can be updated if needed.

06 | You Became Seriously Ill or Injured

A sudden illness or injury can leave you incapacitated and unable to manage your affairs. Therefore, it's essential to review your estate plan to ensure it includes Powers of Attorney for healthcare and finances. These documents let you name someone you trust to pay your bills and manage your assets, as well as make medical decisions for you if you can’t speak for yourself.

It’s also important to include healthcare directives that describe what kind of healthcare you want if you become incapacitated. This can include dietary restrictions or preferences, religious beliefs, or limits to certain treatments or life-sustaining measures. By legally documenting your healthcare choices, your Power of Attorney will feel more comfortable in the role and will be able to make medical decisions for you that align with your wishes.

07 | You Moved Here From Another State

Each state has its own laws and regulations regarding estate planning, so if you moved here from another state after completing your estate plan, it’s crucial to have your plan reviewed by a local attorney. If your existing plan doesn’t meet our state’s requirements for how an estate plan is signed or witnessed, or contains terms or processes that differ from the processes of our state, this can cause delays when your plan needs to be used and may even require a court to review its validity.

Reviewing your plan with a local attorney and making any changes to comply with our laws will make sure that your estate plan can be relied upon at any moment without delay or confusion.

08 | You Got Married
Marriage brings about not only joy and celebration but also important legal updates that are easy to put off. When you tie the knot, your estate plan needs to reflect your new marital status. Some states automatically make your spouse a co-owner of some of your property, but that doesn’t ensure an easy transfer of that property to your spouse when you die. Other states do not make any automatic updates in ownership.

To make sure your assets will go to your new spouse if you die or become incapacitated, it’s essential to update beneficiaries and make arrangements for shared assets. Additionally, you might consider creating provisions to protect your spouse financially and emotionally in the event of your passing.

09 | You Got a Divorce
The end of a marriage is a significant life event that requires immediate attention to your estate plan. After a divorce, you’ll likely need to revoke and redo your entire estate plan. This includes creating a new Will and Trust, updating beneficiary designations on life insurance and retirement accounts, and revising asset distribution to reflect your new circumstances and relationships.

If you have children from your previous marriage, you may need to revisit guardianship arrangements and provide for their financial needs accordingly.

10 | The Law Changed

Tax laws are subject to change, and revisions to estate tax exemptions can have a substantial impact on your estate plan. If there are significant changes in federal or state estate tax laws, it's crucial to review your plan with an estate planning attorney to minimize tax burdens and protect your wealth for your loved ones.

Even if you weren’t affected by federal or state estate taxes in the past, changes in federal estate tax law are scheduled for 2026, so now is the time to review whether this change will affect your family’s estate tax filing status. Estate taxes can cost your family tens or even hundreds of thousands of dollars, but these tax liabilities are optional and can be avoided with proper estate planning.

By Your Side Through All of Life’s Changes

Your estate plan serves as the bedrock protecting your family and finances, not just for today but also for the future. However, estate planning isn't a one-time task - it should adapt and evolve alongside the changes in your life.

As your Lawyer For Life, my mission is to be by your side through all of life's changes, ensuring your estate plan remains up-to-date and effective no matter what life brings your way. That's why I offer my clients a complimentary review of your estate plan every three years, and I encourage you to reach out at any time before then with questions about life changes or events that might affect your plan.

If you’re ready to create an estate plan that protects your loved ones and your legacy, or want your existing plan reviewed, give me a call at 702-473-5600. I’d be honored to help ensure your family’s well-being for years to come.

10 Life Events That Signal It's Time to Review Your Estate Plan - Part 1

shaira@younglawnv.com (Sharia Young) — Mon, 24 Jul 2023 17:56:08 GMT

Common life events can drastically affect your estate plan and even cause your plan not to work in the way you intended. If any of these events have happened in your life, it's time to review your plan

Maybe you thought that creating a Will or Trust is something you can do once and then your family and assets are protected forever after. It seems to be how most lawyers structure their services, so it wouldn’t be surprising if you did think this. You work with your lawyer, they draft documents, you bring them home in a binder or notebook, put them on a shelf or in a drawer, and you never hear from them again. Estate plan, done. But, it’s not, and thinking of it that way could leave your family with a big mess when something happens to you.

In reality, life events can drastically affect your estate plan and even cause your plan not to work in the way you intended. To make sure your plan remains up to date throughout your life, we recommend reviewing your plan at a minimum of every three years. Because I am so passionate about this, I offer to review my clients' plans every three years for free.

And, if any of these 10 life events happen before your three-year plan review, you’ll want to have your plan professionally reviewed right away. Let’s take a closer look at these 10 life events and how they can affect your estate plan and what changes may be required.

01 | Your Assets or Liabilities Changed

Life is full of changes, and your financial situation is unlikely to stay the same over time. Changes in your assets, such as acquiring a new home or other assets, selling property, or incurring debt should prompt a review of your estate plan. You may need to update asset distribution, beneficiary designations, and financial provisions to reflect these changes accurately and ensure that the people you love receive what you intend when you die. Most importantly, you need to update your asset inventory every time your assets change, and if you do not have an asset inventory, you need to call us and update your plan to ensure you’ve got an inventory included. The biggest risk to your family in the event of your incapacity or death is that they do not know what you have, where it is or how to find it. We solve this by creating an updating your asset inventory, regularly.

02 | You Bought, Sold, or Started a Business

Owning a business adds another layer of complexity to your estate plan. If you’ve recently bought or sold a business, it's essential to update your plan to reflect what you want to happen to your business when you die, ensure a smooth transfer of ownership (if desired), and create a plan to protect your business assets for yourself and your loved one’s future.

The financial and personal value of your business can be a significant gift to your loved ones both today and for years to come - if you know how to incorporate it into your estate plan in the right way.

03 | You Gave Birth or Adopted a Child

Welcoming a new child into your family is an incredibly joyful moment. As a parent, it's essential to update your estate plan to include provisions for your child's well-being and financial future. This includes naming Guardians for minor children, creating a Kids Protection Plan, and ensuring their financial security through Trusts or other means.

It’s also important to document your wishes for your child’s education, religion, and values in your plan so that their legal Guardians will know how you would want your child raised if something happened to you.

04 | Your Minor Child Reached the Age of Majority (or Will Soon)

As your children grow up and reach the age of majority, it’s time to review how they will receive their inheritance, make sure someone can legally make healthcare decisions for them, and manage their money in the event they become incapacitated. Depending on their level of maturity, you may want to consider if they are ready to handle assets on their own and if so, what amount.

An even better idea is to provide lifelong protection of your child’s inheritance through the use of a Lifetime Asset Protection Trust. By using this estate planning tool, your child’s inheritance can be used to support your child’s future while safeguarding its use and protecting it from any potential future lawsuits or divorces your child may face later in life.

This ensures that your children are financially secure as they head into adulthood while also supporting your children with financial responsibility.

05 | A Loved One Dies

The loss of a family member is emotionally devastating, and it can significantly affect your estate plan. If a deceased loved one was a recipient of assets under your Will, Trust, or financial accounts, it's crucial to update these documents to make sure your assets will be distributed to the right people.

Additionally, if the deceased individual was designated as a Trustee or Executor of your estate or a Guardian of your minor children, you will need to appoint new individuals to fill these roles

Planning for Life’s Changes

Your estate plan is the foundation that protects your family and your finances today and in the future. But estate planning is not a set-it-and-forget-it task; rather, your estate plan should change and evolve with the changes in your life.

At Young Law Group, we’re here to guide you through life’s changes to keep your estate plan up-to-date and effective, so you can have the peace of mind of knowing that your plan will work exactly how you want it to when your loved ones need it most

If you've recently experienced a significant life event or it's been a while since your last estate plan review, now is the time to review your plan. If you haven’t created an estate plan yet, it’s better to plan early than to have no plan at all.

To get started, schedule a Family Wealth Planning Session to learn more about our process where we’ll discuss your family dynamics and goals, address any changes in your life, and create a comprehensive estate plan that brings you peace of mind. Plus, don’t forget to return next week when I’ll be discussing five more life events that signal it’s time to review your plan.

What the National Debt Ceiling Extension Means for Your Family

shaira@younglawnv.com (Sharia Young) — Mon, 17 Jul 2023 15:45:10 GMT

You have probably heard about the national debt ceiling and its recent extension, but you might wonder what it has to do with your everyday life as a family.

So What Exactly is the National Debt Ceiling Extension?

The national debt ceiling is a legal limit set on the amount of money the government can borrow to finance its operations and meet its financial obligations domestically and around the globe. When the government reaches this limit, it cannot borrow more money unless Congress raises or extends the country’s debt ceiling. If the ceiling isn’t raised and the United States can’t pay back its debts, the country’s global creditworthiness is affected as well as financial security abroad and at home.

Congress raised the national debt ceiling on June 3, 2023, which means the United States will not default on its loans. This is good news, and yet the extension of the debt ceiling can still affect the economy and your family.

Here’s how the national debt ceiling extension can affect the economy, and your family, and what you can do to mitigate the impacts.

Access to Credit and Loans

You likely rely on credit and loans for various purposes, such as buying a home, financing education, or handling unexpected expenses. When the national debt ceiling is extended, it can create uncertainty in the financial markets, leading to higher interest rates and tighter lending conditions. This means that securing affordable credit and loans for major life milestones or managing financial emergencies may become more challenging.

One of the ways you can mitigate this impact could be to consider starting a business or a side hustle, so you can create multiple revenue streams instead of just being reliant on one, and leverage access to business credit, which can be more accessible and less expensive than using personal credit, even in tight lending markets.

Consumer Confidence and Spending Habits

Your family's financial health may be closely tied to the state of the external economy. When there is uncertainty surrounding the national debt ceiling, coupled with high inflation, it can affect consumer confidence and spending habits. As people become concerned about the government's ability to manage its debt, they may tighten their spending, leading to decreased demand for certain goods and services. This can have a direct impact on your job stability, income growth, and even your ability to save and invest for the future.

One way to mitigate this risk is to begin to separate the well-being of your family from the greater economy by creating your own local economy, wherever possible. If that feels far afield, consider ways that you can begin to generate income locally by making a product that friends and neighbors would want and need, or providing a side service within your local community.

If you decide to go this route, contact me to discuss options to create your side business in the most tax-advantaged and liability protected manner.

Government Programs and Support

Government programs and support play a crucial role in many families’ lives, especially during challenging times. However, when the national debt ceiling is extended, it can put pressure on government budgets, leading to potential cuts or delays in funding for essential programs and services. This may directly affect your access to healthcare, education, housing assistance, and other forms of support that your family relies on.

If you have a child or family member with special needs or an elderly family member you are supporting this may affect you even more. Now is the time to get into closer relationship with your nuclear and extended family, marshall all the family resources, and get into conversation around how you can use all the family resources to support all of the children and elders in the best way possible. If you need help speaking to your parents, or considering how best to ensure a lifetime of support for a child with special needs, give us a call and let’s strategize together.

Tax and Fiscal Policies

Changes in tax and fiscal policies, often influenced by the national debt, can have a significant impact on your family's finances. As the government seeks ways to manage the national debt, it may consider adjustments to tax rates, deductions, or credits. These changes can directly affect your take-home income, savings, and overall financial planning. Understanding and adapting to these shifts is crucial for effectively managing your family's budget and long-term wealth and legacy.

You can be fairly certain tax rates will go up to support the debt extension. And, the middle class, especially those who do not know how to mitigate tax impacts with legal entity structuring, are likely to bear the burden. If you want to leverage the tax-advantaged strategies of the wealthy to keep more money in your local community, and in your family’s bank account, contact us to discuss options.

Ongoing Guidance for Your Family

We understand that managing your family's financial and legal well-being can feel overwhelming, especially when it’s hard to know how changes in the law and the financial landscape will affect you. But remember, you don't have to face these challenges alone. At Young Law Group, our mission is to provide you with the support and guidance you need as you navigate changes in the law so you can build a life you love while protecting and preserving your wealth and legacy for the next generation.

While we aren’t financial advisors, we can connect you with a trusted network of professionals and work alongside your financial and tax advisors to make sure your estate plan coordinates with your overall financial plan and protects your family’s wishes and wealth no matter what the future brings.

Ready to protect your family’s wealth and preserve your assets and your story for generations to come? We invite you to watch our on demand and schedule a complimentary Family Wealth Planning session with one of our attorneys.

https://www.younglawlive.com/ondemand

Awakened Planning: How to Talk About Estate Planning at Your Family Reunion

shaira@younglawnv.com (Sharia Young) — Tue, 11 Jul 2023 22:28:21 GMT

July is National Family Reunion Month, meaning it's the perfect time to talk to your loved ones about estate planning and the legacy you want to leave behind for the next generation.

July is National Family Reunion Month and the perfect time to reconnect with family from near and far, share life’s updates, and reminisce about the wonderful memories you share together. If you’re getting together with family this month, it’s also a perfect time to talk to your loved ones about your shared goals, family resources and the legacy you want to leave behind for the next generation.

You might think that estate planning is too somber a topic for a happy family reunion, but it can actually be an opportunity to bring you closer to your loved ones by giving everyone time to speak openly about their wishes for the family and can help everyone feel unified by working together toward the family’s future wellbeing.

Not sure how to bring up estate planning in a way that makes your family feel empowered? Keep reading to learn how to navigate the conversation without scaring away party guests!

Invite Your Loved Ones to the Conversation In Advance

No one wants to be that party guest who won’t stop talking about a sad news story or their personal troubles. Don’t get me wrong, it’s important to share the good and the bad with our loved ones, but pushing a mellow topic at a happy occasion is sure to dampen the mood and turn off the other guests.

Instead of bringing up the topic on the spot at your reunion, reach out to your relatives in advance and let them know that you’d like to set aside some time during the reunion to talk about your family’s legacy and how you can work together to take care of each other in the future.

Everyone likes to feel they’re being looked after and that their input in family matters is wanted and valued. Any ongoing concerns with your family, such as an aging relative’s declining memory or your upcoming knee surgery, are great lead-ins to bring up the topic in a way that feels natural.

If anyone is resistant to the idea of talking about estate planning, don’t push them. Instead, keep your energy warm and empathetic, and keep the invitation to the discussion open in case they change their mind.

Be Vulnerable and Explain Why Estate Planning Is Important to You

Assure everyone that the goal of the conversation is to make sure the family’s future security and well-being are taken care of no matter what happens - not to try and pry into anyone’s finances, health, or relationships. Instead, it’s about ensuring everyone’s wishes are clearly understood and respected, and not about finding out how much money someone stands to inherit.

Be sure to tell your family that talking about these issues now is also a good way to avoid future conflict and expense. When family members don’t clearly understand the reasoning behind one another’s planning choices, it’s likely to breed conflict, resentment, and even costly legal battles in the future.

Instead, tell your loved ones that you’d like to start the conversation about estate planning early and continue it as an open dialogue with the whole family for years to come. Positioning the conversation as one about planning for the future health and well-being of your family rather than as a conversation about dividing assets at someone’s death will help your relatives will feel more at ease, and some may even be eager to be involved in the conversation.

If you have not yet handled your own planning, now would be a great time to start so you can have the conversation with your loved one’s by sharing about your personal experience and how handling your own estate planning has helped you to think more deeply about what matters to you, how you want to live out the rest of your life, and how you’d love to share this experience with your whole family.

Set a Time and Place for the Conversation

Rather than trying to find the right moment to bring up the topic, set a time and a place with your family in advance of the get-together. Be sure to schedule a specific time, but don’t feel like the meeting invite needs to sound too serious or foreboding. Asking if everyone can meet around the fire pit at 6:00 pm or meet at your house for coffee at 9:00 am is perfect.

I also recommend giving everyone an end time for the discussion as well. By doing this, your loved ones will know what to expect and won’t feel worried that the conversation will eat up too much of their time. Setting boundaries for the conversation will also help motivate members of your family to participate and stay on topic.

To make things even easier, come to the meeting with a list of the most important points you’d like to cover and encourage your family members to do the same. But, keep the list short so you don’t go over the time you’ve set aside for the discussion.

If there are too many things to cover in the time allotted, that’s okay. Talk about the most important topics and agree as a family to get together again on a specific date either in person, on the phone, or via video chat to continue the discussion and flesh out any details that were left for later.

Focus on Your Family’s Legacy

While talking to your loved ones about estate planning, remember to talk about your family’s legacy and your desire to pass on your cumulative stories, memories, values, and lessons to the younger generation and beyond. A family reunion is a wonderful way to come together, and estate planning can be an amazing tool for memorializing your family’s most important assets- your human assets.

You and your loved ones have generations of stories, traditions, and triumphs worth protecting and celebrating. Let your family know that estate planning isn’t just about planning for death - it’s also about planning ahead so you can enjoy your life to the fullest knowing that everything and everyone you love will be taken care of if you become ill or when you die.

For my clients, it’s also a unique opportunity to capture your family’s most valued memories and stories through a process I call the Family Wealth Planning Session. During the session, I help my clients record the things that mean the most to them and the things they want to pass on that are far more valuable than money.

What would be more precious than being able to share and watch this recording of our loved ones at future family reunions for generations to come?

If you would like more advice on how to talk to your family about estate planning or are interested beginning your own estate planning journey so you can ensure your family is taken care of and share your personal planning experience with your family, give us a call at 702-473-5600 to schedule your Family Wealth Planning Session today. Here at Young Law Group, it's our passion to guide you through every stage of planning your life and legacy, and when there’s an opportunity for an entire family to come together on their estate planning goals, love and happiness are bound to follow.

Estate Planning Pitfalls - 3 Mistakes That Could Make Your Estate Plan Worthless

shaira@younglawnv.com (Sharia Young) — Mon, 03 Jul 2023 22:21:17 GMT

Did you forget any of these critical financial steps when you created a Trust? Learn why proper funding of your Trust is essential to making it work!

Including a Trust as part of your estate plan is a smart decision. It allows you to avoid probate, maintain privacy, and distribute your assets to your loved ones while also providing them with a lifetime of asset protection, if you choose it for them. But, here’s the thing you might not know, and is critically important to remember: simply creating a Trust is not enough. For your Trust to work, it has to be funded properly and may need to be updated over time.

Funding your Trust means transferring ownership of your assets from your own name into the name of your Trust. This can include bank accounts, investments, real estate, and other valuable possessions.

By funding your trust properly, you ensure your assets are managed according to the terms of your Trust and will be distributed according to your wishes when you die or if you become incapacitated.

But, if you fail to fund your Trust, it becomes nothing more than an empty vessel. Your assets will not be protected or distributed as intended, at least partially defeating the purpose of creating a Trust in the first place! While your assets can still get into your trust and be governed by your Trust after your death, that means that your family still goes to court to get your assets there, and that is a costly endeavor.

To make sure your Trust works for you, avoid these funding fiascos and work with an attorney who will ensure that everything that needs to get into your Trust does.

Forgetting to Update Your Account Beneficiaries

Many people mistakenly believe that a Will or Trust alone is enough to dictate how their financial accounts should be distributed after they die. However, this isn’t the case. Without proper beneficiary designations on your accounts, your wishes may not be honored and your assets could end up in the wrong hands.

Remember, the beneficiaries you designate on your accounts supersede any instructions in your Will or Trust, so this step is vitally important.

Take a moment to review your various accounts, such as bank accounts, retirement plans, and life insurance policies. Ensure that each account has your Trust named as your designated beneficiary, unless you’ve made different plans for that specific account.

When you are working with a lawyer, make sure your lawyer has a plan for each one of your beneficiary-designated assets, communicates that plan to you, and that the two of you decide who will handle updating your beneficiary designations. Then, make sure you review your beneficiary designations annually. In our office, we support our clients to do all of this with well-documented asset inventories, and a regular review process built into all of our plans.

Your Attorney Didn’t Move Your Home Into Your Trust

For many of us, our home is our most important and valuable asset. But if your attorney doesn’t deed your home into your Trust, your home won’t be included under the terms of your Trust if you become incapacitated or pass away.

That means your home could end up going through the long and expensive probate court process in order to be managed during an illness or passed on to your loved ones after you die. If you own a $300,000 home, that means your family could lose up to $15,000 or more just to transfer your home to your trust and then distribute your home pursuant to the terms of the trust - and that’s not including any other assets that would have to go through probate.

A knowledgeable estate planning attorney shouldn’t miss this step, but it happens. And if you’re using a DIY service online to create a Trust without the help of any attorney at all, it’s bound to happen!

That’s why it’s so important to work with a lawyer who takes the time to make sure every asset you own is in your Trust before they say their farewells.

Not Reviewing Your Plan and Accounts Every Three Years

You might wonder how not reviewing your estate plan every few years could really make your plan worthless . Well, the good news is that failing to review your plan is unlikely to completely eliminate the benefits it provides you because an estate plan is made up of a number of moving parts, not just a Will or a Trust.

But , failing to keep your financial assets up to date and aligned with your estate plan can result in huge issues for you and your family and can even make the Trust you invested in worth little more than the paper it’s printed on!

That’s because your Trust can’t control any assets that don’t have the Trust listed as the owner or beneficiary. By reviewing your accounts every 3 years, you can help catch any accounts that don’t have your Trust listed in this way.

For example, it’s very common for clients to open a new bank account and forget to open the account in the name of their Trust or add their Trust as a beneficiary.

Thankfully, by comparing my clients' financial accounts to their estate plan at least every 3 years, I’m able to catch simple oversights like this that could cause their assets to be completely left out of their Trust.

Make Sure All of Your Assets Are Included In Your Plan with Help From Your Personal Family Lawyer

Getting your legal documents in place is an important step, but it's equally important to know that the documents themselves are not magic solutions (as magical as they may seem!). Merely creating a Trust or naming beneficiaries on your accounts does not guarantee that your wishes will be carried out unless all of the pieces of your plan are coordinated to work together.

If you aren’t experienced in the area of estate planning, trying to coordinate all these pieces yourself can be a recipe for disaster.

That’s why I work closely with my clients to not only create documents but to create a comprehensive plan that accounts for all of your assets and how each one needs to be titled to make sure your plan works for you the way you intended.

Plus, I offer my clients a complimentary review of their plans and financial accounts every three years to ensure that their plans accurately reflect their lives and their wishes for their assets and loved ones. If you want to know more about our process here at Young Law Group for funding your Trust and making sure nothing is ever left out of your plan, contact us to schedule a complimentary Family Wealth Planning Session. We look forward to hearing from you.

Vacation Ready: Essential Legal Preparations for a Worry-Free Getaway

shaira@younglawnv.com (Sharia Young) — Mon, 26 Jun 2023 18:27:45 GMT

Vacations are a time to relax, unwind, and create beautiful memories with your loved ones. But before you set off on your adventure, it's essential to ensure that your legal affairs are in order so you can fully relax during your travels.

1. Create Powers of Attorney

Whether you’re traveling overseas or just a few hours away, it's crucial to have Powers of Attorney in place for both health care and financial matters before you leave.

A Healthcare Power of Attorney designates someone you trust to make medical decisions on your behalf if you become incapacitated during your vacation. While no one plans to become incapacitated, a slip on the diving board, an injury while boating, or a parasite caught from local cuisine (eek!) can happen.

Similarly, a Financial Power of Attorney empowers a trusted individual to manage your financial affairs for you. With a Financial Power of Attorney, you can give someone the authority to manage your investments or pay your bills away while you’re gone, or just have it as a safety net in case you become incapacitated or can’t be reached while traveling.

By having these documents prepared ahead of time, you can ensure that no matter what hiccups you run into on your travels, your wishes for your health will be respected and your financial affairs will be handled according to your instructions, even when you're away.

2. Nominate Permanent Legal Guardians for Your Kids

As a parent, naming a Permanent Guardian for your children is one of the most important decisions you can make. While it's a difficult topic to consider, designating a Permanent Legal Guardian ensures that your children will be cared for by someone you trust if the unexpected happens while you're on vacation.

It’s a good idea to take a little time to choose someone who shares your values, loves your children, and is willing to take on the responsibility of raising them.

However, anyone you trust to raise your kids is a better choice than leaving the decision up to a judge who doesn’t know you or your family.

By documenting your chosen Guardian, you make sure your children will be cared for by someone who loves them and knows them if the unthinkable happens to you, and you can always update your choice at any time in the future as your children and their relationships change over time.

3. Designate Short-Term Guardians for Your Kids

In addition to naming a Permanent Guardian, it's equally crucial to designate short-term Short-Term Legal Guardians for your children. Short-Term Guardians step in when the Permanent Guardian lives far away, or in case of a short-term, immediate emergency.

You can give multiple people the authority to be your child’s Short-Term Guardian, including relatives, neighbors, or nannies. When planning a vacation, it’s a good idea to name any adults who your child will be staying with while traveling with you or staying home.

For example, if your child is spending the week at their grandparents’ house, you should name their grandparents as Short-Term Guardians and give them medical Power of Attorney for your minor child. If your child is traveling with you, naming any adult travel companions as Short-Term Guardians and giving them medical Powers of Attorney is a wise choice in case a Guardian or Medical POA is needed for your child while on your trip.

Discuss this arrangement with the individuals you've chosen and make sure they’re aware of their roles and responsibilities. By establishing Short-Term Guardians and Medical POAs, you can ensure that your children are well-cared for in the event of an emergency.

4. Tell the People You Trust About Your Plans

Last but not least, make sure that the people you trust know about your travel plans and the preparations you’ve made, including where you’ll be staying and how to get in contact with you.

Let them know about any legal documents you've put in place, and how to access them if needed. Share this information with your chosen Guardians, family members, and close friends. By keeping everyone in the loop, you can ensure that your wishes are known and your loved ones can act swiftly and effectively in case of an emergency.

You should also provide your loved ones with my contact information in case they need copies of your Powers of Attorney or kid’s Guardianship documents or need them delivered digitally.

Estate Planning for The Life (And Vacation) You Deserve

As you pack your bags and prepare for your vacation, don't overlook the importance of handling your legal affairs. Taking the time to create Powers of Attorney, Permanent and Short-Term Legal Guardians for your children, and communicating your plans to trusted individuals can provide you with peace of mind and save your family incredible stress if there’s an emergency while you’re away.

To ensure that these documents are prepared correctly and in accordance with your state's laws, I encourage you to contact us, Young Law Group. I start by guiding all of my clients through a unique process I call the Family Wealth Planning Session. During the Session, I get to know you and your family on a personal level and review exactly what you own and who you love to make sure everything and everyone is protected and cared for in the best way possible when you pass away or if you become incapacitated.

And if we find that things wouldn’t go the way you wanted if something happened to you, I can help you create a custom estate plan that leaves no rock unturned. Don't let the joy of vacation be overshadowed by the “what if’s.” Contact us today to schedule your Family Wealth Planning Session.

Have a Trust? How the Corporate Transparency Act Affects You

shaira@younglawnv.com (Sharia Young) — Tue, 20 Jun 2023 17:39:10 GMT

You may already be familiar with the upcoming Corporate Transparency Act, set to kick in next year. If you aren’t, it’s time to get in the know because it could impact you, and if you it does, you’ll need support.

What Is the Purpose of the Corporate Transparency Act and What Does It Require?

Introducing the Corporate Transparency Act! Enacted in 2020 and set to take effect on January 1, 2024, this Act aims to tackle money laundering and terrorism financing schemes involving "shell" corporations—companies that exist merely on paper and don't engage in actual business or trade (like “Vamonos Pest” in Breaking Bad).

Under this Act, small companies will now have to disclose the names of any owners who hold 25% or more ownership in the company, as well as any individuals who exercise significant control over the company's activities. The goal is to identify and expose shell corporations that are frequently involved in money laundering, as such illicit activities tend to occur within small businesses rather than large corporations.

To comply with the requirements, businesses must submit an annual report to the Financial Crimes Enforcement Network (FinCEN) containing the following details about each owner or controller:

Business name
Current business address
State in which the business was formed and its Entity Identification Number (EIN)
Owner/controller’s name, birth date, and address
Photocopy of a government-issued photo ID (such as a driver’s license or passport) of every direct or indirect owner or controller of the company

Failing to file an annual report could result in serious repercussions, from paying a fine of $500 for every day the report is late up to imprisonment for two years.

Does My Trust Need to Be Disclosed?

Since a Trust can own a business or a share of a business, Trusts are also involved in the Corporate Transparency Act, but under more limited circumstances.

So how do you know if your Trust information will need to be disclosed?

Let’s break it down…

The new rule applies to any company that is created by filing a formation document with the Secretary of State or a similar office, such as corporations and limited liability companies (LLCs).

Non-profits, publicly traded companies, and regulated companies like banks and investment advisors are exempt from the rule. Large companies are also exempt if they have 20 or more full-time employees in the US and generate $5 million in sales. So, if your trust owns a share of any of these types of companies, it does not need to be reported.

If you have an LLC or corporation you created but aren’t actively using to run a business, that company is exempt from reporting due to its inactivity, so your Trust would not be reported in that instance, either.

But, if your Trust owns a share of a small, for-profit company, (like a small family business or local investment) the beneficial owner of the Trust will need to be reported to the Financial Crimes Enforcement Network.

The beneficial owner is the person or people who benefit from the Trust or have the power to make major decisions about the Trust assets. Depending on how your Trust is written, this is usually the trustee, but it can also be the beneficiaries of your Trust.

Make sure to contact us to have your Trust reviewed before 2024 to make sure you report the correct beneficial owner of your Trust.

Does the Corporate Transparency Act Affect My Trust’s Asset Protection?

One of the best things about creating a Trust is that it provides you and your family with an extra level of privacy and provides asset protection from divorce or lawsuits for your Trust’s beneficiaries after you’re gone.

Thankfully, having a Trust that owns a business or a share of a business doesn’t take away from the Trust’s ability to provide asset protection to your heirs.

And while the new Corporate Transparency Act rule reduces some of the privacy benefits that come with owning assets in a Trust, the names of your Trust, trustees, and beneficiaries are not made public and are only used by the government for the specific purpose of investigating financial crimes.

Because of this, Trusts remain an excellent tool for providing privacy, avoiding probate, and setting up your family with a lifetime of asset protection and financial security.

Guidance for Your Family Now and For Years to Come
If you have a Trust or are curious about creating an estate plan for your family, you may be wondering how changes in the law will affect your plan in the future and how you can possibly plan for them.

As your Personal Family Lawyer, that’s where I come in. Unlike many estate planning attorneys who serve their clients once and never see them again, I see estate planning as a life-long relationship.

Your life and the world around you are constantly changing, and your estate plan should too.

That’s why I keep my clients informed about any changes in the law that may affect their estate plan and offer to review your plan for free every three years to make sure that your plan still works for you just as well as it did on the day you created it.

If you’re ready to create a custom plan for the ones you love or have questions about how the Corporate Transparency Act might affect you, schedule your Family Wealth Planning Session today.

I can’t wait to serve you now and for years to come.

2 More Types of Insurance No Business Owner Should Go Without

shaira@younglawnv.com (Sharia Young) — Tue, 13 Jun 2023 19:43:35 GMT

W hile buying insurance coverage may seem low on your to-do list, making sure you and your business are protected from lawsuits is one of the most important things you can do for your business. Keep reading to learn about two more essential types of insurance you need for your business

L ast week, we looked at three types of insurance coverage that every business owner should have. While buying insurance coverage may seem low on your to-do list, making sure you and your business are protected from lawsuits is one of the most important things you can do for your business.

After all, your business can’t grow and succeed if you’re forced to sell it to cover lawsuit expenses! This is especially true for smaller companies. While you may think your chances of being sued are lower than a large corporation, the damage your small business could sustain due to a lawsuit is all the more harmful because your business likely doesn’t have the liquid cash reserves you’d need to pay off the costs of being sued.

Facing a lawsuit as a small business isn’t just stressful, but it could cost you your entire business!

Instead, investing in appropriate insurance coverage will give you peace of mind and let you focus on expanding your business knowing that if something happens, you’ll be able to handle it and move forward with confidence.

Here are two more types of insurance you should never go without!

1. Employment Practices Liability Insurance

A lesser-known but very important insurance coverage for business owners is Employment Practices Liability Insurance or EPLI. EPLI insurance protects you against lawsuits filed against your business by your own employees under claims that your company violated their workers’ rights.

Types of lawsuits covered under these policies include:

Wrongful termination
Poor management of employee benefit plans such as retirement accounts
Sexual harassment claims
Discrimination
Infliction of emotional distress
Breach of employment contract

In our increasingly litigious world, the chance of being sued by one of your own employees is greater than ever. While every business owner should have policies in place to reduce the likelihood of employment issues that can lead to a lawsuit, there’s always still a risk, and that risk is simply not worth it.

If you aren’t sure how to get EPLI coverage, start by talking to your general liability insurance policy provider to see if they offer it as a rider on your general liability policy. Otherwise, many companies offer affordable stand-alone EPLI policies.

2. Professional Liability Insurance

Last but certainly not least, professional liability insurance is an essential safeguard for service-oriented businesses. Also known as errors and omissions insurance, this coverage protects your business against claims arising from errors, omissions, or negligence in your professional services. Even the most seasoned professionals can make mistakes, and in such cases, your clients may seek compensation.

Professional liability insurance provides financial protection by covering legal fees for your defense and money for settlements and damages paid to the suing party. If you need a license to do what you do - such as doctors, lawyers, contractors, and accountants - professional liability insurance is an absolute must.

These policies also usually include an option for “prior works coverage” and “tail coverage” that extend your policy coverage limits for work you did before taking out the policy and for work you completed during the policy term even after you’ve canceled that policy.

For example, a tail coverage policy will cover an error you made while doing tax work for a client during the policy term, even if the error isn’t discovered by an IRS audit until two years later when you are no longer paying premiums for the policy.

3 Types of Insurance No Business Owner Should Go Without

shaira@younglawnv.com (Sharia Young) — Mon, 05 Jun 2023 16:16:47 GMT

Even if you think your business is too small to worry about a potential lawsuit, no business is immune to legal trouble as a result of an accident, employee incident, or technology mishap that could cost your business more than just money

1. General Liability Insurance

General Business Liability Insurance is the first place to start when it comes to getting insurance coverage for your business. This type of coverage acts as a safety net by protecting your business (and you) from lawsuits that can result from someone getting injured on your business’s property, damage that can occur to your building from issues such as a pipe bursting, and protection from theft or damage to your business property like machines and furniture.

General liability insurance can help cover legal fees, medical bills, and settlement expenses that can arise from these issues, and can give you confidence in knowing you’ll be able to navigate unforeseen circumstances without jeopardizing your business's financial stability.

2. Worker’s Compensation Insurance

Next on our list is worker's compensation insurance. Your employees are the backbone of your business, and ensuring their well-being should be a top priority. Worker's compensation insurance provides coverage for medical expenses and lost wages in the event of work-related injuries or illnesses.

By investing in this insurance, you not only protect your employees but also shield your business from potential lawsuits resulting from workplace accidents. It's a win-win situation that promotes a safe and secure work environment.

Workers' compensation insurance is mandatory by law in most states if you have W2 employees. If you aren’t sure whether workers’ comp rules apply to your business, give me a call. I’d be happy to walk you through our state’s requirements and help guide your business through these fundamental decisions.

3. Technology Insurance

In today's digital age, technology is an integral part of almost every business. Whether you rely on computers, software, or other technological tools, protecting your digital assets is crucial. Technology insurance offers coverage for equipment malfunctions, data breaches, and cyber-attacks. Even if you aren’t a tech giant, a single security breach or system failure can have severe repercussions, leading to financial losses, reputational damage, and legal liabilities.

Any business that handles or stores confidential information, such as Social Security numbers, addresses, health records, bank account information, or credit card information should have technology insurance. By having technology insurance, you can mitigate the risk of this sensitive data being breached and protect yourself and your business from the world of online hackers and cybercriminals.

Helping You Build a More Secure Business

Insurance goes beyond external protection; it supports your business from the inside out. By investing in comprehensive insurance coverage, you create a safety net that allows you to focus on what you do best: generating new customers for your business.

Moreover, having the right insurance demonstrates your commitment to responsible business practices, which can enhance your reputation and build trust with clients, employees, and partners. These insurance policies act as shields, safeguarding your business, employees, and clients from potential financial and legal pitfalls. By investing in insurance, you can sleep well at night, knowing that your hard work is protected.

If you want to make sure your business doesn’t have any gaps in its Legal, Insurance, Financial, or Tax systems, give me a call and schedule your Business Planning Session. During the session, I review your business’s needs and the systems you currently have in place to make sure your business has the foundational components it needs to thrive. From there, I support my clients toward reaching their ultimate work-life dreams through an ongoing relationship and monthly support.

Capturing the Stories of Aging Loved Ones: The Power of a Family Wealth Legacy Interview

shaira@younglawnv.com (Sharia Young) — Tue, 30 May 2023 15:46:25 GMT

May is Senior Citizen’s Month, a time to reflect and appreciate all the things the seniors in our lives have done for us

Whether they are our parents, grandparents, or elderly friends, our seniors have given us so much over the years. But sometimes seeing your loved ones aging or seeing how you’ve aged yourself may remind you of how quickly time passes and how much you wish you could pause life.

When you think about a loved one who has passed away, you probably don’t give much thought to the material things they’ve left you. Maybe you have a piece of their clothing that you sometimes hold close to your heart or a favorite item of theirs displayed proudly on a shelf. But what you value most about that object likely isn’t its monetary worth but the memories it evokes of your loved one and the time you spent together. You wish you could still hear from them, learn from them, and share memories with them.

As your Personal Family Lawyer, I know the value of planning for what happens to your financial assets. But I also know that there is something even more valuable to pass on to your loved ones than money – your stories, lessons, insights, and values. While we might not be able to pause time, there are things we can do to preserve the precious memories and lessons of the people we love.

That’s why I offer a unique service to my clients called a Family Wealth Legacy Interview to help preserve your unique legacy for future generations. The Family Wealth Legacy process is built into all of our plans, and it’s an opportunity to share your love with the ones you care about most, and if you have aging parents or grandparents, the Family Wealth Legacy Interview is an even more important way to preserve their stories and create a cherished memory of their legacy for years to come.

What to Expect During Your Family Wealth Legacy Interview

Family Wealth Legacy Interviews are a key part of my Life & Legacy Planning process. If the idea of giving an interview sounds intimidating, don’t worry – the process is an easy conversation, and most of my clients tell me that their Family Wealth Legacy Interview was their favorite part of the estate planning process and a heart-touching experience.

During your Family Wealth Legacy Interview, we’ll ask you a series of helpful questions and prompts that we plan in advance. Or, you can talk freely about whatever you’d like to share with your loved ones. It’s your interview, so I encourage you to be your authentic self and make it your own. We’ll be there the entire time to guide you through the process.

We’ll record your interview on video, either in-person or remotely, depending on your preference. After the interview is completed, we’ll edit the footage and provide you with a digital recording that can be shared with your family members or kept with your estate planning materials as a special memento of your story and your love for your family.

We’ve built this into all of our plans because we find that while everyone says they intend to document stories and write letters to their loved one’s, very few people ever actually get around to it.

Starting the Conversation with Your Loved Ones

Talking to your aging loved ones about estate planning and the legacy that they’ll leave behind can be difficult or uncomfortable for a lot of people. We all deal with the concept of aging and dying differently. Some of us avoid the topic altogether, and others will make light of it and even joke about “kicking the bucket.” But it’s important to have a conversation about your elder’s wishes and how much it would mean to you for them to plan ahead.

If you aren’t sure how your loved one will respond to the topic, try to come from a vulnerable place, and not from a place of any sort of judgment if they joke about death. Instead, remember that they’re joking because they might be afraid.

Try saying something like, “I know this might be hard to talk about, but it’s something that's really important to me. If something does happen to you, I want to make sure that we're able to take care of you, and I know that you wouldn't want to leave us with a big mess.”

You could also let your loved one know how much you value them, and how much it would mean to you for them to create a Family Wealth Interview so that you have a recording of them as they are right now before illness or incapacity are even a part of the picture.

By approaching the conversation in a vulnerable way, they’ll likely be more receptive to the idea of planning for their assets and more intentional in how they leave their legacy behind for the ones they care about.

Bringing Families Closer Together

Besides preserving a message for your loved ones, the Family Wealth Legacy Interview is a great time to reconnect with the moments and memories from your life that you might have otherwise forgotten.

In today’s hectic world, it can be hard to live in the moment, but by taking a little time to reflect on where your life has taken you, you’ll remember all that you’ve accomplished and all that you want to share with your loved ones, not just in your Family Wealth Legacy Interview, but every day.

Even after the interview is finished, you’ll likely live your life with more intention and awareness of how you want to pass on your values, insights, stories, and experiences in your day-to-day life. And if a senior member of your family is completing their Family Wealth Legacy Interview, you can feel at ease knowing that no matter what the future holds, you’ll always have a video of your loved one sharing their stories, their hopes, their jokes, and their love with you.

The Importance of Life & Legacy Planning

The Family Wealth Legacy Interview is a wonderful tool for seniors and their families, and I offer it as a complementary service to all of my estate planning clients, young and old. It's part of my comprehensive Life & Legacy Planning process, which goes beyond creating documents and takes a holistic approach to planning for a life you love and a legacy you’re loved ones will cherish forever.

At the core of Life & Legacy Planning is the understanding that your family's most precious wealth is not money, but the memories you make, the values you instill, and the lessons you pass down. By planning for your life and legacy, you can ensure that your family's wealth is preserved and protected for generations to come.

I believe that Life & Legacy Planning is not a one-time event but an ongoing process because it mirrors the ongoing process of your life. By working with an attorney who knows you and has a relationship with you, you make your Life & Legacy Planning as effective as possible and have the opportunity to continue to record your values and wisdom in additional Family Wealth Legacy Interviews as life goes on.

Whether you are growing your family or well into retirement, I work with you to create a plan that evolves over time and adapts to changes in your life and family circumstances.

If you want to pass on more than money to the ones you love and leave them with an even greater gift that they will treasure for generations, give me a call. And if you have a senior loved one, contact me today to see how I can help them not only make a plan for their assets but capture the love and memories they share with you.

Want to Grow Wealth? Warren Buffett's Unexpected Investment Advice

shaira@younglawnv.com (Sharia Young) — Tue, 23 May 2023 16:29:43 GMT

I f you are going to take investment and estate planning advice from anyone, Warren Buffett is likely one you want to consider

As one of the most successful investors in history, his track record speaks for itself. However, his wisdom goes beyond picking stocks and making money.

At this year’s Berkshire Hathaway annual shareholder meeting, Buffett shared several pieces of financial advice but also provided insights on the importance of personal growth and estate planning when seeking to grow wealth. While many of us may feel overwhelmed by the thought of estate planning or building our wealth, Buffett's advice reminds us of two key but simple steps we can take to create financial and generational wealth.

Focus on Your Human Assets to Build Your Wealth and Your Legacy

In almost every interview Buffett provides, he stresses the importance of investing in yourself. “The best thing you can do is to be exceptionally good at something," said Buffett. "Whatever abilities you have can't be taken away from you. They can't actually be inflated away from you. So the best investment by far is anything that develops yourself, and it's not taxed at all."

Your earning power is the greatest determiner of your financial well-being, and the one thing you can count on no matter what’s happening in the external economic environment. If you have a highly valuable skill, and you know how to get paid well for that skill, market your services, and sell your services to those who need them, you’ll never have to worry about money. That doesn’t mean you won’t worry about money; but it does mean you don’t have to worry about money.

If you don’t have a highly valuable skill or if you have a skill that will soon be replaced by AI, that’s the first place for you to invest. You may need to get retrained, or uplevel your skills to be more human or relational so you can use AI, but not compete with it, and all that may take investment. Don’t shy away from investing in additional training to get even better at your service, or even get the additional support to learn to market and sell your services. Those investments will always pay off whereas the stock market is out of your control.

Investing in yourself not only leads to financial success but also personal fulfillment and a clear sense of purpose that will organically become your legacy. At the end of the day, you likely won’t be remembered for your financial success (though it’s a nice bonus if you are!). Even Warren Buffett, who is renowned for his wealth and investment skill, is even more often acclaimed for his wisdom, humility, and generosity than for his money.

Raising Kids Well is Key in Effective Wealth Planning

During a Q&A session with an estate planning attorney, Buffett stressed the importance of talking to your children about your estate planning well before your death. Buffett stated, “If the children are grown when the will is read to them and it’s the first they’ve heard about what the deceased thought about things, the parents have made a terrible mistake.”

Leaving your family in the dark about your personal and financial wishes until you die or become incapacitated due to an accident or illness can lead to large amounts of confusion and conflict among family members. If you don’t want to leave a mess, don’t wait to talk to the people you love.

As we recommend and build into our Life & Legacy Planning Process, Buffett recommends involving your heirs in the planning process. By doing so, you can ensure that everyone is on the same page and that your wishes are understood and respected far in advance. Additionally, this provides an opportunity to discuss your values and beliefs with your heirs, which can have a lasting impact on their lives. Buffett expressed that if you really want your heirs to act responsibly with their inheritance, you must live out your values and instill them in your heirs.

How to Start the Conversation About Estate Planning With Your Heirs

So how do you start the conversation about estate planning with your heirs? We recommend you do it directly and with an invitation to meet with you and your lawyer together. This is something we love to do with our clients, and we’d love to support your family in this way too. You might say something like: "I want to make sure that we're all taken care of, both now and in the future. That's why I'd like to talk to you about my wishes for our family resources, and how we can ensure that everything is handled smoothly when I can’t be here."

If your loved ones aren’t immediately open to having a conversation about estate planning with you or are resistant to how you want your assets managed after your death, don’t worry. Talking about estate planning can be uncomfortable at first, but as you normalize the topic, the conversation will become easier and more open.

Or, if you are worried that filling your heirs in on what they’ll receive will cause harm, please call us. This is a place we can really help by supporting you to get prepared to have a conversation with your heirs and also supporting them to be ready to receive their inheritance.

When you talk money and inheritance with your heirs during your lifetime, you have the opportunity to truly pass on not just the money, but your values too. If you wait until you are incapacitated or have died, it’s simply too late.

Finally, if you are the future heir of a parent who has not yet talked with you about estate planning, you can jumpstart the conversation by getting your own planning done, and then talking with your parents about the choices you made, why you made them, and letting them know you’d like to help them feel comfortable talking to you about the choices they are making. If you aren’t sure how to handle any of this, please reach out.

Thoughtful Guidance to Build Your Personal and Financial Life and Legacy

Warren Buffett's advice on building and preserving wealth is timeless and valuable no matter the size of your family or your estate. By involving your heirs in your estate planning and investing in yourself, you can set yourself and your loved ones up for long-term financial success and create a legacy that spans not only through your life but through the generations that follow you.

If you aren’t sure where to start or how to talk about your wishes with your family, give me a call. I’d be happy to guide you and your loved ones through the process of creating an estate plan that focuses on the needs and hearts of everyone it involves, so you can build a life you love today knowing that your loved ones and your community will be impacted by your legacy for years to come.

To learn more about my heart-centered approach to estate planning, call us today and schedule a Family Wealth Planning Session.

Why "Just a Will" Is Never Enough

shaira@younglawnv.com (Sharia Young) — Mon, 15 May 2023 20:28:29 GMT

A will may be the first thing that comes to mind when you think about estate planning, but it isn't enough to keep your family out of court

When you think of estate planning, a Will is usually the first thing that comes to mind. In fact, most people who contact me tell me they don’t need anything complicated for their estate- just a Will. Indeed, Wills have a reputation as the number one estate planning tool and can be seen all over TV shows and movies, from the dramatic “reading of the Will” (which rarely happens in real life) to characters plotting how best to defraud their billionaire uncle’s Will in order to inherit his lavish estate.

But although Wills are a key part of your estate plan - and a big part of the movies - relying on a Will alone won’t solve your estate planning needs - no matter what Hollywood says. Instead, using just a Will to plan your final wishes is likely to leave your loved ones with an expensive mess that won’t distribute your assets in the way you intended.

What’s more, a Will alone won’t ensure that you’re taken care of in the event of incapacity, and contrary to what you might think, relying on only a Will actually guarantees that your family will need to go to court when you die.

If you don’t want to leave your family with a mess if something happens to you, it's important to know how a Will works and when it can be used to benefit you and your family.

What Exactly Is a Will and How Does it Work?

A Will is a written document that directs how the creator of the will wants their possessions disposed of after their death. The creator of the Will is called the testator or testatrix . In your Will you can name someone you trust to manage the distribution of your assets, called your personal representative or executor . You can also write out what you want to have happen to your property, what charitable gifts you want to make, and who will receive them.

A Will can be a complex document or a very simple document. You can even write your Will on a napkin if you really want to!

With that said, a Will isn’t a legally binding document unless it’s executed according to the laws of the state where you reside. In general, you need to sign your will in front of a witness, and sometimes a notary.

Some states have laws that allow you to create a Will that isn’t witnessed at all so long as it is handwritten by the testator themselves. But because every state has different laws for the creation of a Will, it’s important to consult with an experienced estate planning attorney (like me) to create your Will rather than trying to write your own.

A Will Requires Probate Court

One of the biggest estate planning myths I hear from clients is the belief that by having a Will, their loved ones won’t need to go to court after they die.

This is sadly the opposite of the truth. If you use only a Will as your main method of estate planning, you are actually guaranteeing that your loved ones will go to court after you die because a Will is required by law to go through the court system called probate before any of your assets can be distributed. In fact, a will is only effective within the probate court. Once your Will is admitted to the court after your death, your personal representative or executor will be given official authority to move your assets under the court’s supervision. This ensures your property is distributed according to your wishes and that the court can intervene if there are any disputes over who gets what. While court oversight can be helpful if there is any confusion or disagreement about your estate, the probate process is long and expensive. For very small estates the process may take about 6 months, but for most estates, the process can take 12 - 18 months or sometimes even more. Due to the length and complexity of the process, going through probate can easily cost your family tens of thousands of dollars. Some states even require that probate cost a certain percentage of your estate’s value.

A Will Does Not Apply to All of Your Assets or All of Your Needs

Although movies make it seem like you can and should leave all your property to your loved ones through your Will, a Will actually only covers certain items of your property, including any property owned solely in your name and any property that doesn’t have a beneficiary designation.

A Will does not cover property co-owned by you with others listed as joint tenants or owned as marital property, meaning you can only give away your share of any property you own with others, not the entire property.

Any assets that have a beneficiary designation, like retirement accounts or life insurance, are not controlled by your Will at all but will instead be paid out to the person listed as your beneficiary on each account. Because of this, it’s especially important to make sure your account beneficiaries are up to date.

In addition, a Will has no power until you die, so you can’t use it to give someone you trust the power to make decisions for you if you’re incapacitated due to illness or injury. Even if you named someone in your Will to manage your estate or watch over your children, that person will have no authority to do so while you’re alive.

Don’t Just Get a Will, Get an Estate Plan

With all the issues that using a Will for estate planning can create, you might be wondering why a Will is even used at all. The thing is, a Will isn’t the one-and-done solution that most people are led to believe by TV shows and even some lawyers.

Instead, a Will should be used as a piece of your overall estate plan, not as the entire plan itself. And ideally, your Will shouldn’t even need to be used at all.

How can that be? Well, an estate plan isn’t just one or two documents - it’s a range of tools and coordinated planning that makes sure everything and everyone you love is taken care of. And by using better tools like a Trust instead of a Will as your main tool for estate planning, you can direct what happens to your property while avoiding probate court entirely and ensuring the people you trust can step in and manage your assets immediately if you become incapacitated because of an illness or injury. In addition, any assets you put in the name of your Trust are entirely private, meaning the court and the public will never know what you own or who will inherit it after you’re gone. When using a Trust-based estate plan, you’ll still have a Will, but your Will should only need to serve as a backup and safety net to make sure that any assets that are accidentally left out of your Trust at your death are added back into your Trust.

And, even more important than both a Will and a Trust, is an inventory of your assets so your family knows what you have, where it is, and how to find it when you become incapacitated or die. Without an inventory of your assets, your family will be literally lost when something happens to you. A comprehensive inventory updated throughout your lifetime is a critical, and often overlooked, piece of an estate plan that is not “just a Will”.

If you’re ready to see how having an estate plan for your family is different than having “just a Will,” schedule your Family Wealth Planning Session today. During the session, we’ll review an inventory of everything you have and everyone you love, and together look at what would happen to your possessions and loved ones when something does happen. Then, I’ll help you develop a plan to make sure your loved ones are taken care of when you can’t be there and that your plan works for you, and for them, exactly as you want it - at your budget and within your desires.

Most importantly, I don’t just create documents - I guide you and your family through every step of the process, now and at the time of your passing. I even help all of my clients pass on something more valuable than their money - their values, stories, and wisdom.

Create a Stronger Blended Family Through Estate Planning

shaira@younglawnv.com (Sharia Young) — Mon, 08 May 2023 20:58:29 GMT

If you have a blended family, estate planning is critical if you want your loved ones to avoid court and conflict in the event you die or become incapacitated. But planning for your blended family is also a great opportunity to strengthen your family bond through open conversations about your wishes and goals for your family and the love you have for them

Blended families were once considered “non-traditional” families, but today, blended families are becoming just as common as non-blended families. Currently, 52% of married couples (or unmarried couples who live together) have a step-kin relationship of some kind, and 4 in 10 new marriages involve remarriage.

If you’re part of a blended family, you’ve probably recognized the extra layer of complexity that comes with planning for your family’s needs and accommodating the many relationships that exist between step-parents, step-kids, and step-siblings. Topics that might be straightforward for a “traditional” family - such as where to spend the holidays or who gets the old family car - are more complex.

Feelings tend to be more sensitive, as the person in a “step” role may feel self-conscious about their place as the “outsider” of the family, whereas on the other hand, one parent’s children may feel put out by the addition of a new step-parent, step-sibling, or half-sibling when their mother or father remarries.

In a blended family, you work hard to navigate these complexities to keep the family unified and happy. But what you might not know is that our laws for what happens if you become incapacitated or die are still very much based on the traditional family model, which means that your blended family will likely end up in court and conflict without planning for them in advance.

What Estate Law Says About Blended Families

Every state has different provisions for what happens when you become incapacitated or die, and the laws of the state where you become incapacitated or die may or may not match your wishes. What’s more, even though you may see your step-family members the same way as your blood relatives, the law does not.

For example, in Colorado, if you are survived by a spouse, your surviving spouse would only receive a part of your estate if you have living children (or parents!), and your living children or parents would receive the rest. And the amount your spouse receives is variable based on the number and ages of your children.

In contrast, in California, all community property assets would go to your surviving spouse, and separate property assets would be distributed partially to a surviving spouse and partially to children, if living, in amounts depending on the number of surviving children.

In Texas, it can get very complex, depending on whether your assets are separate or community, and whether you have children from the marriage, no children from the marriage or living parents or siblings.

As you can see, what’s true for what happens when you die may not result in the outcome you want for your loved ones, especially in a blended family situation. That’s why it’s so important to create an estate plan for your blended family well in advance, and I encourage you to discuss your plan with the members of your family to avoid hurt feelings, confusion, or pain in the future.

Avoid Conflict in Your Blended Family Through Open Communication

Estate planning is often seen as a highly private affair, but it doesn’t have to be, and oftentimes, shouldn’t be. In the case of a blended family, having open conversations with your loved ones about your estate plan and your goals for the family can save them from hurt feelings and even court battles in the future.

Like all families, how you plan for your blended family will depend entirely on your family dynamics, your family members' situations, and your own personal values for how an inheritance should (or shouldn’t) be received and what kind of legacy you want to leave behind.

Maybe you have step-kids and biological kids but want all of your children to inherit an equal share from you and your spouse. Maybe there’s a large age gap between your step-kids and biological child, so you want to make sure that your youngest has the financial support they’ll need if something happens to you whereas the older children are able to support themselves.

Maybe you have a step-parent or step-sibling that you would want to gift a special item of yours like a watch or necklace. Well, for better or worse, a person you have a step-relationship with has no right to inherit from you under the law, unless you put your plan in writing.

You don’t need to give away every detail of your Will or Trust, or tell everyone who you named to make decisions for you if you’re incapacitated. Instead, start by having an open conversation about the general goal of your estate plan, such as wanting everyone to have an equal share, or that you want to provide more for your biological children because your step-children will already receive a full inheritance from their other parent.

By taking the mystery out of your estate plan goals, your stepchildren will feel included in the discussion and feel like they are knowledgeable about your plan rather than feeling hoodwinked or hurt if they find out later that your plan doesn’t align with the expectations they created for it in their minds.

Most importantly, let the people in your life know you value and love them, and that no matter how they’re related to you, you care about them and want them to inherit not just material things from you, but also your values, stories, and legacy.

Create More Than a Plan, Create a Family Legacy

To make sure your wishes for your blended family are followed in the event of your death or incapacity, it’s essential to have a well-crafted estate plan created by an attorney experienced in serving blended families. As your Lawyer for Life, I know all too well the importance of planning for blended families and can help you navigate your options and desires for your family’s plan.

But what really sets me apart from other estate planning lawyers is that I know that your material possessions are only a small part of a successful estate plan. What will really matter to your family members, no matter how they became your family, is your legacy.

Instead of leaving your family a mess to be battled over in court, leave your family an example of financial wellness, of a plan filled with personal values and family history.

To do this, I include what I like to call a Family Legacy Interview with all of my estate plans. During this interview, I give you the opportunity to leave your most important assets - your values, stories, and heart - to your family in a meaningful way that they’ll cherish for years after you’re gone.

And for a blended family, the Family Legacy Interview can be even more valuable, because it gives you the opportunity to really speak to your loved ones about the plan you created for them and how much you value the place they hold in your heart.

If you want to protect your blended family from a court battle and emotional conflict, give me a call today to schedule a Family Wealth Planning Session. During the Session, I take the time to really get to know you and your family’s unique situation and educate you about what exactly will happen to your family under the law if something happened to you right now, so you can make confident decisions about what’s right for your family. Even more, I welcome you to invite the members of your blended family to be a part of the conversation.

Stephen "tWitch" Boss Dies Without a Will

shaira@younglawnv.com (Sharia Young) — Mon, 01 May 2023 22:40:56 GMT

Stephen Laurel Boss, also known as “tWitch,” was an American DJ, hip-hop dancer, choreographer, television producer, and actor whose personality lit up the stage on So You Think You Can Dance and as a producer and frequent guest host on The Ellen Degeneres Show .

Boss also co-hosted the TV show Disney’s Fairy Tale Weddings alongside his wife and fellow dancer, Allison Holkers.

Boss and Holkers shared a seemingly extremely happy life together in Los Angeles, California where they were raising their three children, ages 3, 7, and 14. Sadly, on December 13, 2022, Boss died by suicide at the age of 40. Boss’ death was a complete shock to fans and loved ones who reported the star seemed happy in the weeks leading up to his death.

Boss died without a Will or Trust in place, meaning his wife, Allison Holker, has the task of petitioning the California court system to release Boss’ share of their assets to her. While California has tools to simplify this process for some couples, Holker will still need to wait months before she can formally take possession of the property Boss owned with her, as well as property held in his name alone, including his share of his production company, royalties, and his personal investment account.

Unnecessary Court Involvement In a Time of Grief

In order to have access to her late husband’s assets, Holker had to make a public filing in the Los Angeles County Probate Court by filing a California Spousal Property Petition, which asks the court to transfer ownership of a deceased spouse’s property to the surviving spouse. Holker must also prove she was legally married to Boss at the time of his death.

While California’s Spousal Property Petition helps speed up an otherwise lengthy probate court process, the court’s involvement nonetheless delays Holker’s ability to access her late husband’s assets - a hurdle no one wants to deal with in the wake of a devastating loss. In addition, the court probate process is entirely public, meaning that the specific assets Holker is trying to access are made part of the public record and available for anyone to read.

During such a difficult time, all a person wants is the space to mourn and manage their loved one’s affairs in privacy and peace.

With court involvement, the timeline of steps that need to be taken is dictated by the court, and the process of proving your right to manage your loved one’s assets can feel like an unfair burden when there are so many other things to take care of during the death of a loved one.

This isn’t just a problem for the wealthy. Even if you own a modest estate at your death, your family will need to go through the probate court process to transfer ownership of your assets if you don’t have an estate plan in place.

How to Prevent This From Happening to Your Loved Ones

When someone dies without an estate plan in place, the probate court’s involvement can be a lengthy and public affair. At a minimum, you can expect the probate process to last at least 6 months and oftentimes as long as 18 months or more. Court involvement in Boss’ passing could have been completely avoided if Boss and Holker had created a revocable living trust to hold their family’s assets. If they had, Holker would have had immediate access to all of the couple's assets upon Boss’ death, eliminating the need to petition a court or wait for its approval before accessing the funds that rightly belong to her.

A Trust would have also kept the family’s finances private. With a Trust, only the person in charge of managing the Trust assets (the Trustee) and the Trust’s direct beneficiaries need to know how the assets in a Trust are used. There is also no court-imposed timeline on the Trustee for taking care of your final matters (with the exception of some tax elections), so your family can move at the pace that’s right for them when the time comes to put your final affairs in order.

The privacy that a trust provides also helps to eliminate potential family conflict because only the parties directly involved in the Trust will know what the Trust says. If issues between family members arise over the contents of the Trust, the Trust will lay out all of your wishes in detail, so that all family members are on the same page and understand your wishes for the ones you’ve left behind.

Guidance for You and the Ones You Love
Most importantly, creating a revocable living Trust through us, Young Law Group, ensures your loved ones have someone to turn to for guidance and support during times of uncertainty. No one expects the sudden loss of a loved one, but when it happens, your world is shaken. Even the simplest tasks can feel overwhelming, let alone the work involved to manage a loved one’s affairs.

That’s why we welcome you to meet with us for a Family Wealth Planning Session to discuss your wishes for when you die or if you become incapacitated. During the session, we’ll walk you through all of your options for estate planning and how your choices will impact your loved ones after you’re gone. We even encourage you to bring your family with you to your planning session so they have a chance to meet the attorney who will guide them through any future loss or incapacity your family may experience.

If you’re ready to start the estate planning process, contact us today to schedule your Family Wealth Planning session.

Leaving Your Pet in Your Will Won't Protect Them - Do This Instead

shaira@younglawnv.com (Sharia Young) — Mon, 24 Apr 2023 16:38:15 GMT

Although it might seem foolproof to leave your pet to someone you trust through a Will, this estate planning tool alone won't work to protect your pet from an uncertain future

A Will Won’t Cut It

While you see them as part of the family, under the law, a pet is considered personal property, just like your money, furniture, and clothes. Because of this, you can’t actually leave money or possessions to your pet directly through your Will or Trust. Even if you try to leave money directly to your pet in your Will, the money will instead skip your pet and pass to the beneficiaries you named to receive the remainder of your possessions. Or, if you didn’t name anyone else, the court will give your possessions, including your pet, to your next of kin, as determined under the law.

Worst of all, the person that receives your pet and money for its care through your Will has no legal obligation to use that money for your pet’s care or to even keep your pet at all. That’s why it’s so critically important to work with an estate planning attorney who knows the proper way to plan for your pet, so that when you die or if you become incapacitated, your beloved companion won’t end up in an animal shelter or given away to anyone you wouldn’t want raising your beloved familiar.

A Will Provides No Guarantees For Their Future

Because you can’t leave money to your pet directly, your first thought might be to leave your pet and money for its care to someone you trust through your Will instead. While this is an option, it’s not guaranteed to work.

That’s because the person you name as the beneficiary of your pet in your Will has no legal obligation to use the funds you leave for your pet’s care for that purpose. Even if you leave detailed instructions for your pet’s care, there is no law holding the beneficiary to accept the responsibility of caring for your pet or stopping them from changing their mind in the future after the court probate process is finished.

You might be thinking that the person you’d leave your pet to loves them and would never think of abandoning them. But even if this person is committed to caring for your pet, it’s simply impossible to predict what circumstances might occur in the future that could make it impossible for them to provide for your pet for your pet’s full lifetime.

For example, when you die, the new caregiver might:

Live in an apartment or condo that doesn’t allow pets
Suffer from an unforeseen illness that makes it difficult to care for your pet
Have an allergy to your pet you knew nothing about
Become so busy with work or family that they just don’t have the time to make a lifelong commitment to your pet’s care

A Will Isn’t Fast Enough

The other issue a Will creates for your pet is that a Will is required by law to go through the court process known as probate before any of your property can be distributed to the people you’ve named, and of course, it only operates in the event of your death, not your incapacity.

The probate process itself can take months or even years to complete. During that time, your pet could be passed around between family members and friends, who may even argue over who should care for it. In the worst-case scenario, no one may even think to check in on your pet regularly while the court process is unfolding.

Plus, a Will only goes into effect upon your death, so if you’re incapacitated by accident or illness, it would do nothing to protect your companion. This leaves your pet in limbo and vulnerable to being rehomed to someone you would not have chosen or wanted to care for your pet. In the worst scenario, your pet could be surrendered to a shelter by the time everything gets figured out.

Provide Long-Lasting Care for Your Pet Through a Pet Trust

In order to be completely confident that your pet is properly taken care of and that the money you leave for its care is used exactly as intended, ask us to help you create a Pet Trust.

By creating a Pet Trust, you can lay out detailed, legally binding rules for how your pet’s chosen caregiver (the trustee) can use the funds you leave for your furry friend. And unlike a Will, a Pet Trust does not go through probate, so it goes into effect immediately in the event you become incapacitated or pass away, whereas a Will requires the court process called probate to take place before any decisions can officially be made about your pet.

Additionally, in a Pet Trust, you can name backup trustees who will receive your pet and any funds left for them if the first person you chose as trustee declines to take your pet or isn’t able to care for them in the future. To add even more certainty to your pet’s future, you can name multiple trustees for your pet. In this way, you’d have two people invested in the care of your pet who can see that the money you leave for its care is used wisely.

Finally, all of the care decisions and financial distributions for the care of your pet will happen in the privacy of our office, in the event of your death or incapacity. We’ll guide your decision-makers about how and why you made your decisions, and how they need to care for your pet to receive distributions. You’ll literally have a lawyer ensuring the care of your pet happens as you would want it. And, while that may seem excessive for some, we have many clients who care that much about the well-being of their pets and want to ensure their care is handled as they want.

Do Right By Your Pet
Don't leave your beloved pet's future up to chance. Let us help you create a Pet Trust that will provide for your furry friend's long-term care and be there for your pet and your decision-makers when you cannot be.

At our firm, we can help you create a legally binding Pet Trust that outlines detailed rules for how your pet's chosen caregiver can use the funds you leave for their care. Unlike a Will, a Pet Trust doesn't go through probate, which means it goes into effect immediately if you become incapacitated or pass away. And we will be there for the people you love when you cannot.

Contact us today to schedule a consultation and ensure you're doing right by your pet.

Shielding Your Personal Assets: How to Create an LLC

shaira@younglawnv.com (Sharia Young) — Mon, 17 Apr 2023 17:32:07 GMT

If you’re a business owner and have been operating your business as a Sole Proprietor, you’re leaving the personal assets of your family at risk

Shielding Your Personal Assets: How to Create an LLC

If you’re a business owner and have been operating your business as a Sole Proprietor, you’re leaving the personal assets of your family at risk. From a creative side hustle to a tech startup, owning a business always comes with some level of financial investment and risk, whether you’re purchasing supplies, leasing office space, or hiring help. Without the proper protections in place, any debts, lawsuits, or liabilities your business incurs could be leveraged against your family’s personal assets. And with fifty-five percent of businesses not surviving more than five years, having that protection in place is essential.

Even if you have a strong business plan or an established clientele, life’s unpredictabilities can make it difficult or even impossible to take care of financial or legal obligations. Machinery needs replacing, business ebbs and flows, and contracts don’t go as agreed. And while every business needs to invest money in order to grow, those investments can reflect poorly on your personal credit report if you’re a Sole Proprietor, affecting your ability to apply for personal loans or credit cards.

By restructuring your business as a Limited Liability Company (LLC), you create a legal barrier between your business and your personal assets. This means that your personal finances, such as your home, car, and savings account, will be protected from any debts and liabilities incurred by your business. For example, if your business takes out a loan to rent a storefront, you won’t be personally liable to pay it back if the business defaults on the loan.

Wondering what the process to create an LLC looks like? Read below to learn the necessary steps, then contact us, Young Law Group, to help you create an LLC for your business with your state’s specific rules and regulations so that you can focus on growing your business.

Step 1: Check That the Name of Your Business is Available

If you already have a name for your business or are just getting started, choosing the right name for your business is not only important from a marketing standpoint but also from a legal one. First and foremost, it’s important that customers can recognize and remember your business name. Not only do you want to avoid your business being confused with someone else’s, most states don’t allow multiple businesses to have the same name. To make sure your name is available, search your state’s records for any businesses with a similar name as yours. You can usually find this in your state’s Department of Financial Institutions or Secretary’s Office, but every state’s record keeping is different. You’ll also want to do a national name search to make sure your name doesn’t conflict with a trademarked name in another state.

Choose Your Words Carefully

In addition to choosing an available name, most states have additional rules for which words you can and can’t use in your business name. For example, words such as “hospital,” “bank,” or “museum” are often not allowed in your business name unless your business can prove it is that specific type of business.

In most cases, name that implies your business is a part of the state or local government is also not allowed. If you operate a licensed service such as accounting, salon services, or dentistry, your licensing body may have additional naming requirements for your business. Therefore, it’s important to review your city and state's local requirements when naming a business to make sure your name doesn’t create any problems for you or delay the filing of your business organization documents.

Step 2: File Articles of Organization

Articles of Organization, (aka Certificate of Organization) are the formation documents that officially create your LLC. These documents describe the basics of your company, such as:

Who the owners or members are
The company’s name
The company address
The date the company was created

You’ll also need to name a Registered Agent in your Articles of Organization. A Registered Agent is the official point of contact who receives mail and other legal notices on behalf of your business. The Registered Agent can be yourself, or you can choose someone else to be the Registered Agent. You can change the Registered Agent and your business’s contact information at any time.

Step 3: Create Your Operating Agreement

One of the most overlooked but most important parts of creating an LLC is creating the company’s Operating Agreement. An Operating Agreement provides details on:

How the business will be run
What voting rights and ownership shares the company’s members have
How company meetings will be conducted
How a member’s share of the company will be sold or transferred when the member dies or when the company is dissolved

Having a well-crafted Operating Agreement is essential to making sure that everyone in your company is on the same page when it comes to complicated discussions or unanticipated situations. Without a clear and thorough Operating Agreement, a normal business situation could inadvertently result in a major financial setback for your business. For example, a dispute with a member of the company over the salary structure could result in the need for litigation if the process for settling disputes isn’t provided in your Operating Agreement.

Your company will also need rules for how the company is dissolved if you decide to close the business. How will shares be paid out? How will buy-outs be financed? If you pass away while owning the business, how will your loved ones inherit your share of the company? If these questions aren’t answered in your Operating Agreement, your loved ones will be stuck in court and conflict for months or even years until any issues are decided through the probate court system.

Step 4: Register for an EIN

Next, you’ll need to register for an Employer Identification Number (EIN). Similar to a Social Security Number for your business, this unique identifier is necessary for your business to perform certain functions, including banking, taxation, and employee recruitment. Registering for an EIN is a quick and free process, but like a Social Security Number, it’s important to keep your EIN secure and private.

Step 5: Apply for Licenses Required By Your State

Depending on which type of business you have and where it’s located, your state or city may require additional licenses or certifications in addition to your Articles of Organization. Required state licenses may include:

Certification of your office’s capacity limit
Proof of a warehouse or commercial kitchen rental
Health code inspections
Professional licenses

While applying for these licenses may seem like a low priority when setting up your business, it’s important to obtain all the necessary documentation as soon as possible. Failing to do so could result in avoidable fines and delays in your business operations, or worse yet, temporarily closing your business until you have the proper licenses registered with your city and state.

Step 6: Establish a Team of Trusted Advisors
Now that you know the basics of setting up an LLC structure, it’s important to build a trusted team of advisors to support your business now and in the future. While it may seem easy to set up an LLC on your own or through an online service, it can be difficult to navigate each step involved, and these services do not offer the kind of comprehensive business formation your business needs to avoid financial setbacks that can eat away at both your business and personal assets. That’s why isn’t important to work with an experienced attorney that knows the ins and outs of your state’s specific formation requirements, not a DIY online service.

By meeting with us, Young Law Group, we can create your LLC formation and make sure your business is primed for success by crafting a comprehensive Operational Agreement. As you grow your business, it’s also important to review every element of your business with trusted professionals that can make sure your company is following all applicable laws while protecting you from liabilities.

In our Business Planning Session, we perform a careful assessment of your business’s legal, insurance, financial, and taxation needs to make sure that your company is set up for success now and in the future, and can connect you with trusted insurance and tax professionals that we know and love.

During this session we will:

Learn whether your company has the proper legal structure
Review your company’s tax filing status to see where you can save on taxes
Evaluate assets and risks to make sure you have the necessary insurance coverage
Show you how to leverage your company’s cashflow to grow your business

3 Simple Mistakes That Can Derail Your Estate Plan

shaira@younglawnv.com (Sharia Young) — Mon, 10 Apr 2023 19:13:58 GMT

More often than not, clients who meet with us to review a DIY or low cost estate plan find out that instead of saving money on their plan, they've actually cost themselves much more by buying a plan that has mistakes

If you’re tempted to use a DIY estate planning service or have already created a plan you aren’t 100% confident in, be sure to read how these three simple mistakes can derail your estate plan and leave your family with an expensive mess.

We regularly meet with clients who ask us to review an estate plan that they created online or with an attorney who isn’t experienced with estate planning. You see, these clients usually think they found a faster and cheaper solution to estate planning, but once the plan is signed and done, they’re often left wondering whether this “cheap” plan will actually accomplish their goals, or if it will leave their family with a big mess instead. And what I see time and again when I review these estate plans are poorly designed plans with simple but devastating mistakes. What’s more, these clients wouldn’t even realize their plan had these mistakes if they hadn’t met with us!

While it might seem simple enough to put together a trust online or have your tax attorney prepare your will, it can be very difficult to create an estate plan that works without the proper training and experience. What might seem like minor details to the inexperienced eye can often have major effects on your plan’s final outcome.

More often than not, clients who meet with us to review a DIY plan find out that instead of saving money on their estate plan, they’ve actually cost themselves much more by buying a plan that has mistakes . And if these mistakes aren’t caught by you while you’re alive and well, your loved ones will be the ones paying the price to resolve them after you’re gone.

Here are the three biggest mistakes I see when reviewing DIY and low-cost estate plans:

#1: Leaving Assets Outright to Loved Ones

One of the simplest mistakes you can make in estate planning is distributing your assets directly to your beneficiaries upon your death. This is a bad idea for several reasons:

The assets have no protection from your beneficiaries’ creditors once they leave your estate
The money can be squandered and used however the beneficiary wants
If the beneficiary is a minor, a court will decide who manages the assets and how they’ll be used

Instead of gifting your assets directly to your beneficiaries, distribute your assets into a trust for the beneficiaries' benefit. When creating a trust, you can choose who will manage your assets for your beneficiaries while also sheltering those assets from your beneficiaries’ creditors or their own poor money-management skills.

Setting up a trust to hold your assets is especially important if you have minor children. Minors cannot own money on their own, which means they can’t receive any assets from you directly on your death. Instead, a court will need to appoint a trustee or conservator to manage the assets you leave for your children. There’s a high chance that the person the court appoints will not be the person you would have chosen yourself. And if the court appoints a professional trustee, your assets will be reduced by expensive trust administration fees.

A court-appointed trustee will distribute the assets to your children outright when they reach the age of 18, but this only puts the assets at risk. Few young adults have the maturity or knowledge to manage a large sum of money responsibly so that it can grow and support them over time. Even if your adult child is responsible or has guidance from someone you trust, those assets are still susceptible to any lawsuits, divorces, and unforeseen financial troubles your child may experience in the future.

Instead of leaving assets outright to a minor or young adult, leaving your assets in a trust, established for the child’s benefit, allows you to choose the person who will manage the assets you leave for them, helps the assets grow through careful financial management, and protects the assets from your child’s lack of experience and future risk.

#2: Not Creating a Lifetime Asset Protection Trust

Creating a trust to hold your assets can provide years of asset protection for your loved ones, but that protection only exists so long as the assets are held in the name of the trust. The second big mistake I see are trusts that direct the assets to be taken out of the trust’s protection and given to your child or beneficiary at a specific age. You might not see the problem with this scenario at first, but even if your child or beneficiary is mature enough to manage a sum of money, doing this still leaves those assets susceptible to future legal and financial risks.

Instead, everyone should consider creating a Lifetime Asset Protection Trust to hold their beneficiaries’ assets indefinitely. This gives the assets lifelong protection while still providing financial support to your beneficiaries.

Unfortunately, most lawyers do not understand how to use trusts to establish this kind of protection for the inheritance you are leaving behind, and some may even try to dissuade you from using a trust at all unless you have a very large estate. Even if you are leaving behind a small number of assets, protecting those assets and helping them grow can make a huge difference in the future well-being of your loved ones.

#3: Forgetting to Update Beneficiary Designations

This final mistake is so simple yet so easily forgotten when creating a DIY plan or using an inexperienced estate planner: forgetting to update your insurance policies and retirement beneficiary designations so they match your estate plan. While your will and trust are important parts of your estate plan, it’s vital to update your insurance policies and retirement accounts to pay out to your trust instead of directly to your beneficiaries.

Leaving the names of your beneficiaries on your insurance and retirement accounts instead of the name of your trust ensures the largest assets you own won’t be a part of the plan you just created. Instead, the assets will be distributed directly to the beneficiaries listed on the account, to do with however they want, even if you had other plans for protecting the funds under your trust. We’ve even seen cases where the beneficiaries named on a life insurance or retirement account are so outdated that the person named on the account isn’t even a part of the client’s life anymore!

Estate Planning That Works

In order to make sure your estate plan truly works the way you intend it to, it’s essential that all of your assets are reviewed and accounted for to make sure that any accounts you have reflect the name of your trust or other estate plan method. That’s why at Young Law Group we always create an inventory of your assets and follow up with you to make sure your assets are updated into the name of your trust. We can even update your assets for you, so you can rest assured that every piece of your plan works together.

If you're thinking about using a DIY estate planning service or had an estate plan created by an attorney in a different practice area, it's crucial to check your plan for these three simple but major mistakes. Otherwise, your estate plan might end up causing more problems than it solves, leaving your family in court and conflict.

That’s why we offer to review your current estate plan during a Family Wealth Planning Session ™ . During this session, you'll have the opportunity to discuss your concerns, learn how your current plan will (or won’t) work for you, and if you don’t feel confident in your current estate plan, we’ll create a new comprehensive plan for you that will provide the protection and support your family needs for years to come.

4 Reasons Why Estate Planning Is Critical For Business Owners

shaira@younglawnv.com (Sharia Young) — Mon, 03 Apr 2023 18:17:41 GMT

If you are running a business, it’s easy to prioritize estate planning less than your other business matter s. To demonstrate why proper estate planning is so important for business owners, here are four issues your company and family are likely to encounter as a result of poor estate planning, along with the corresponding estate planning solutions you can use to prevent and mitigate those issues.

Issue #1

If your estate plan consists of only a Will, your estate — including your business and its assets — must go through the court probate process when you die.

When creating an estate plan, most people typically think of a Will. While it’s possible to leave your business to someone in your Will, it’s far from the ideal option. That’s because, upon your death, all assets passed through a Will must first go through the court process known as probate.

During probate, the court oversees your Will’s administration to ensure your assets (including your business) are distributed according to your wishes. The problem is, probate can take months, or even years, to complete, and it can also be quite expensive, which can seriously disrupt your operation and its cash flow. It’s also important to consider that probate is a public process, potentially leaving your business affairs open to competitors.

Plus, while your family and team may know how to run your company without you, they might be able to access vital assets, such as financial accounts, once probate is concluded. Even if they could access all of the needed assets, the legal fees charged by the lawyers your family will likely have to hire to help them navigate probate can quickly deplete your company’s coffers.

And this is all assuming your Will isn’t disputed during probate, which is a very real possibility, especially with a highly profitable business at stake.

Let’s say your heirs disagree about whom you name to control your business and how the business assets should be divided. In that case, a vicious court battle can ensue and drag on for years, dividing your family and crippling your company.

Given the drawbacks associated with a Will, a much better way to ensure your business’s continued success following your death is by placing your company in a Trust: a Revocable Living Trust, an Irrevocable Trust, or some combination of the two. A Trust is not required to go through probate, and all assets placed within the Trust are immediately transferred to the person or persons of your choice in case of your death or incapacity.

When you die, having your business held in a Trust would allow for the smooth transition of control of your company without the time and expense associated with probate. Plus, Trusts are not open to the public, so your company’s internal affairs would remain private, and the transfer of ownership can take place in your lawyer’s office instead of a courtroom.

Finally, especially Irrevocable Trusts, can help shield your business and its assets from creditors and lawsuits, which could threaten your company with you out of the picture.

Issue #2

If you become incapacitated by illness or injury and you haven’t legally named someone to manage your business assets, the court will choose someone for you.

Another issue with relying solely on a Will is that a Will only goes into effect when you die. That means it offers no protection for your business if you’re incapacitated by accident or illness. With just a Will—or no estate plan at all—the court will appoint a financial guardian or conservator to assume control of your business until you recover.

Like probate, the court process associated with guardianship can be long and costly. And whether the guardian is a family member, employee, or outside professional, it’s doubtful that individual would run your business exactly how you would want them to, and this can seriously disrupt your operation. Worse yet, having a court-appointed guardian managing your business affairs can lead to serious conflicts and strife within both your team and family, especially if you’re out for a lengthy period.

One estate planning vehicle that can prevent this is a durable financial power of attorney. A durable financial power of attorney allows you to name the person you would want to run your business and handle all of your other financial affairs if you ever become unable to do so yourself. If you’re sidelined by illness or injury, this person will be granted legal authority to handle your business affairs, such as managing payroll, signing documents, and making financial decisions.

This not only minimizes the expense and delay associated with the guardianship process, but it also ensures that while you are incapacitated, your company and other financial interests will be managed by someone you trust, rather than relying on the court to choose someone for you.

Again, having a Trust and a named Trustee would allow your business to be operated in the event of incapacity, without the necessity for any court process.

Issue #3

If your business partner dies and you don’t have a legal agreement that allows you to purchase your partner’s share of ownership in your company, along with a source of liquidity to fund that purchase, you could find yourself in business with your partner’s heirs.

Suppose you share ownership of your business with one or more other people. In that case, it’s crucial that you have a legally binding plan designating what would happen to each partner’s ownership interests should one of you leave the company, get divorced, die, or become incapacitated. Without such a plan in place, along with the funds needed to execute that plan, all sorts of potential problems and conflicts can arise.

For example, should your partner die without such a plan in place and the partner’s children inherit his share of ownership in your business, you could find yourself in business with your partner’s kids or be forced to pay an inflated price for their share of the business. A similar situation could arise should your partner get divorced and your partner’s former spouse is awarded a share of the company in the divorce settlement.

To prevent such conflicts, you should create a buy-sell agreement. A buy-sell agreement outlines exactly what would happen to your business if an owner leaves the company for any number of reasons or when one of the owners dies, becomes incapacitated or gets divorced.

For example, a buy-sell agreement can ensure that should certain triggering events occur—like a partner’s retirement, death, or permanent incapacity—the remaining owners can purchase that partner’s share of the business. In this way, an effective buy-sell agreement can prevent you from dealing with new partners you didn’t count on. At the same time, a buy-sell can help prevent your loved ones from getting stuck owning a business they don’t want and can’t sell.

In addition to having a buy-sell agreement in place, you will also need a source of funding that allows the surviving owners to buy out the deceased partner’s shares. Most cases, the best way to fund your buy-sell is by purchasing life insurance. For example, the company can purchase a life insurance policy for each owner. The company would receive the death benefit to purchase the deceased owner’s share of the business and buy out the deceased’s heirs.

Issue #4

If you name a family member to run your company after your death and you don’t provide them with a detailed plan, your business can be ruined by just a few poor decisions.

There are countless stories of family members assuming control of multi-million-dollar businesses and running things into the ground in just a short span of time. And if such massive fortunes can be squandered so quickly, it’s doubtful that smaller operations like yours will fare much better.

Even if your successor doesn’t destroy your company, he or she can cause serious conflicts among your staff, clients, and family simply by managing a business radically different than yours. For this reason, simply naming a successor to take the reins in your absence is not enough.

A comprehensive business succession plan can help ensure your company doesn’t fall apart when you pass on. Beyond simply naming a successor, such plans provide stability and security by allowing you to lay out detailed instructions for how the company should be run.

From specifying how ownership should be transferred and providing rules for compensation and promotions to establishing dispute resolution procedures, an effective succession plan can provide the new owner with a roadmap for your company’s continued success following your death or retirement.

Secure your business, your legacy, and your family’s future

If you haven’t taken the time to create a proper estate plan, your business is missing one of its most essential components. During your Business Planning Session at Young Law Group, we will work with you to create a comprehensive estate plan to ensure the company and wealth you’ve worked so hard to build will survive—and thrive—no matter what happens to you.

Furthermore, every estate plan we create has built-in legacy planning services, which can greatly facilitate your ability to preserve and communicate your most treasured values, insights, stories, and mementos with the loved ones you’re leaving behind. By working with us, you can rest assured that your business and legacy will benefit the people you love most.

You see, we’ve discovered that estate planning is about far more than planning for your death and passing on your “estate” to your loved ones—it’s about planning for a life you love and a legacy worth leaving by the choices you make today—and this is why we call ourselves Your Lawyer For Life. Contact us today to get started with a Family Wealth Planning Session.

Estate Planning Before You Travel: Why It's Critically Important

shaira@younglawnv.com (Sharia Young) — Mon, 27 Mar 2023 20:49:39 GMT

Vacations can be the perfect opportunity for you to relax, however, ensuring that you have proper estate planning in place prior can guarantee your interests are taken care of if something were to happen

Vacations can be the perfect opportunity to relax, disconnect from work and responsibilities, and enjoy your spouse, partner, kids’ or friend’s company. But before you head off on your next getaway, there’s something else you should consider doing that might not sound quite as fun—creating an estate plan. While it may not sound like the most thrilling way to spend a day, here are some reasons why you need to think about your estate plans before you travel.

An estate plan ensures any medical decisions needed while away from home will be handled according to your wishes, and with as much ease as possible, no matter what the rules are where something happens. If you fall ill or become injured and can’t make medical decisions for yourself, your estate plan will ensure that decisions will be made by the person you choose, and with your indicated desires for your care at the forefront.
Without an estate plan in place, your family or friends could have a heavy lift to get you back home, locate your assets, keep your bills paid, and even ensure your children get taken care of by the right people in the right way.
Lastly, an estate plan ensures that any debts or liabilities are taken care of properly in case something happens while on vacation. This can help prevent creditors from trying to collect from surviving family members after the fact — something no one wants to deal with during such a difficult time.

Yes, Even Married Couples Need an Estate Plan

You might think that because you are married, you don’t need an estate plan. Or you might even think your Will is enough and would just handle everything. But that’s generally not the case.

Even if you are married, you still need medical powers of attorney, making it clear that you want your spouse making medical decisions for you, or even potentially adding in additional decision-makers. You still want a Living Will to give clarity on how you want medical decisions made for you.

Finally, if you have dependent children, you want to ensure you’ve made it as easy as possible for their care needs to be continued by the people you want, in the way you want. Without a plan in place, decisions around their care could be tied up for months, including access to the financial assets their caregivers would need to ensure they have what they need along the way.

The Benefits of Working With an Attorney

While you can create an estate plan without legal assistance, there are serious risks to the people you love, if your plan is not completed, not updated after it’s been done once, or not completed properly. The only real guarantee for the people you love to have as much ease as possible, is if you work with an experienced attorney specializing in estate planning, and particularly Life & Legacy Planning. At Young Law Group, we understand what needs to go into a thorough and complete estate plan — as well as the potential pitfalls or issues that could arise due to your unique personal and family dynamics — so you can rest assured knowing everything is being taken care of properly before you embark on your trip.

At Young Law Group, we can advise you on other important documents such as Wills, Trusts, powers of attorney (POA), health care directives (HCD), and guardianship paperwork (for minor children) so you can make informed decisions based on what you want to have happen if you become incapacitated or die . All these items should be considered when creating an effective estate plan — especially when one or both parties will be traveling outside their home country at any point.

Don't Let a Lack of Planning Dampen Your Vacation Spirits!

Taking a few simple, yet critically important, steps now can save you and your family considerable headaches down the road if anything were ever to happen while on the road—not only do we want you to enjoy each moment spent together, but we want peace of mind knowing that whatever comes your way is handled according to your wishes!

We can help put a plan together now so that you don’t forget about this important task before packing up for your next adventure. Making sure all your affairs are in order will ensure nothing stands in the way between you and enjoying time together! Contact us today to get started.

Why Everyone Needs To Keep Their Estate Plan Updated

shaira@younglawnv.com (Sharia Young) — Sat, 18 Mar 2023 15:31:21 GMT

As the world and its laws continue to evolve, everyone needs to keep their estate plans up to date

Ensure Your Wishes Are Respected

The primary reason to update an estate plan is to ensure that an individual's wishes are respected upon death. For example, suppose an individual has recently acquired valuable property or has had changes in family structure (such as marriage or children). In that case, updating the documents that outline how assets should be distributed is important. If the documents are not updated, this could lead to disputes between family members and legal complications when probate occurs. Additionally, if laws change at the state or federal level, those changes need to be incorporated into the existing estate plan to remain valid and effective.

Ensure Your Loved Ones Are Protected From Tax Implications

Another reason for updating an estate plan is for future tax planning purposes. Without proper planning and asset allocation, taxes can significantly reduce the amount that beneficiaries receive after one's death. Additionally, some states have transfer taxes on certain assets (such as real estate), which must be factored into one’s estate planning decisions. In addition, changes in Federal tax law may affect whether other taxes, such as capital gains tax, applies at the time of death or while transferring assets during life – thus providing additional incentive for individuals to review their plans regularly with their advisors and make necessary updates when necessary.

Ensure Your Medical Decisions Are Handled With Care

Estate planning also encompasses contingency plans in case of incapacity due to illness or injury – commonly referred to as disability planning. This means creating end-of-life documents such as Advance Health Care Directives which list specific instructions about medical treatments that should be administered if certain conditions arise – such as if a person suffers from dementia or a traumatic brain injury and can no longer make decisions on their behalf. This planning can provide peace of mind knowing that an individual’s wishes will be respected even if they cannot make decisions themselves due to illness or injury.

Ensure You Leave a Legacy For Your Loved Ones

Finally, updating an estate plan allows people to express gratitude for those who have helped them over the years - whether it be through providing advice on financial matters or being there simply by offering emotional support during difficult times - by including them in a legacy interview with our firm. Specific instructions can also be included in your plan regarding how charitable donations should be handled after death - enabling individuals who wish to donate part of their wealth to leave behind a lasting legacy that furthers causes they believe in long after they pass away.

Keep Your Estate Plan Up-To-Date

In conclusion, having an up-to-date estate plan helps ensure that your wishes are respected upon incapacity or death; protects you from unnecessary taxes; helps with disability planning; and allows you the chance to express appreciation towards those who have had a positive impact on your life while still alive. Therefore, estate plans should consider current circumstances and anticipate future events to avoid any potential problems. At Young Law Group, we hold regular reviews of your estate plan through the stages of change in your life or every three years. Contact us today with your questions about your current plan and if you need an update.

Obtaining A Power Of Attorney For Your Elderly Parents

shaira@younglawnv.com (Sharia Young) — Wed, 15 Mar 2023 16:15:23 GMT

Making important decisions for aging parents can be a challenging task, but power of attorney (POA) can provide peace of mind and clarity in times of need

What’s a POA?

According to the American Bar Association , POAs are legal documents, which vary between states, that provide a person, or several individuals, with the power to perform actions on behalf of someone else. The individual with a POA is an agent, whereas the principal refers to the person who is having their affairs managed by other individuals. Agents can only perform actions outlined within the POA document. Moreover, if someone agrees to a POA, they can still make their own decisions, providing they can still do so coherently. This means the agent cannot make exclusive decisions on behalf of the principal.

POA Types

Below is more information regarding the different POA types:

General: For this POA, the agent can manage the principal’s affairs for a specific period, and the principal may revoke this at any point. These automatically finish if the principal becomes incapacitated and are common when an individual can still see to their affairs but prefers that someone else does this for them.
Durable: These POAs continue after the principal becomes incapacitated and are more common when someone cannot manage their affairs. They can conclude in many ways, including once the principal dies or if the agent completes the conditions within the POA document.
Springing: The terms in this POA do not take effect unless the principal becomes incapacitated. For this POA, the principal remains in control of their affairs until they lose capacity.
Medical: These POAs allow agents to make the principal’s medical decisions. They last until the principal is competent and might also expire after a certain period mentioned in the document.
Limited: These limit the agent’s ability to make decisions regarding certain tasks as outlined in the POA document, such as paying bills or selling a house. Limited POAs are usually temporary and end when the principal loses capacity.

Why and When to Consider a POA For Your Aging Parents

Here are the common reasons why individuals may consider getting a POA:

Finance issues: POAs enable individuals to continue paying their parents’ bills and manage their finances when their parents struggle to fulfill these obligations.
Serious illness: Having a POA for an elderly parent can be helpful as it allows them to focus on getting better and reduces the stresses associated with managing their affairs.
Memory issues: Individuals commonly obtain a POA to manage their parents’ affairs if they develop dementia. It is helpful to note that it is necessary to obtain the POA before the parent loses their capacity.
Surgery: When an elderly parent is undergoing surgery, it might be a good idea to obtain a POA so individuals can make decisions on their parents’ behalf and manage their affairs until they have fully recovered.
Frequent travel: Some elderly parents like to travel frequently, so POAs can be useful here for ensuring their affairs remain in order while they are away.

How Do I Choose a POA For My Parents?

When considering a POA for your aging parents, there are several things to keep in mind. The most crucial factor is trust - you must choose someone you can rely on to make decisions in your parents' best interests and follow their wishes.

While family members are often chosen for this role, it's important to consider whether they are the best fit. If you think an objective outsider may be better suited to the task, such as a lawyer, accountant, or financial institution, this is also an option, although it may come with additional costs.

Before agreeing to be a POA for your parents, it's essential to have a thorough discussion with them to understand their needs and preferences. Different types of POAs have different levels of responsibility, and it's important to clarify what your parents expect from you. If your parents need help with medical decisions, for example, this will require more involvement than if they only need assistance with financial decisions.

Finally, it's essential to understand the financial implications of becoming a POA. You will need to keep your finances separate from your parents' and be prepared to justify any decisions you make to avoid legal issues.

Choosing a POA for your aging parents is a significant decision, and it's essential to approach it with care and sensitivity. By having open and honest discussions and seeking objective advice, you can ensure that your parents receive the best possible care and support.

If you have elderly parents, it's understandable that discussing power of attorney (POA) may be a sensitive topic. However, starting these discussions as early as possible can bring peace of mind and clarity in the future.

When approaching these conversations, it's important to consider your parents' health and well-being. Let them know that you're there to support them and that you will only use the POA powers if it's absolutely necessary. It's a promise that can help reassure your parents that you have their best interests at heart.

Additionally, it may be helpful to seek the guidance of an experienced estate planning attorney. We can provide objective advice and alleviate any concerns that your parents may have. We understand that this is a difficult process, but we're here to help. Please feel free to contact us today to learn more about how we can assist you and your family.

Your Rights As The Parent Of A Young Adult - What You Need To Know When A Medical Crisis Hits

shaira@younglawnv.com (Sharia Young) — Mon, 06 Mar 2023 19:18:52 GMT

As a parent, you are accustomed to managing your children's legal and medical affairs, but what happens when your child turns 18 and need urgent medical attention far from home?

The simple fact is that the day your child turns 18, he or she becomes an adult and has the legal rights of an adult. This means that you lose your prior held rights to make medical and financial decisions for your child unless your child executes legal documents giving you those rights back. Without the proper legal documents, accessing medical information and even being informed about your adult child’s medical condition can be difficult and in some cases, impossible.

When sending kids off to college, it is crucial to consider the legal implications of an accident or medical emergency on your ability to stay informed and participate in important decision-making for your young adult child. Medical professionals are responsible for following the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA), which ensures medical privacy protection for all adults. Once your child turns 18, they are (from a legal perspective) no more attached to you than a stranger, making communication about medical issues is tricky if your child is incapacitated and not able to grant permission on their own.

In most states, these three legal documents can make all the difference when a medical crisis strikes and your young adult child is far from home. When utilized together, they can ensure a parent or trusted adult be kept in the loop about care and treatment when a child over the age of 18 experiences a medical event while they are away at college, traveling, or living far from home. As with most legal documents, the law varies from state to state, so be sure to seek out the counsel with us, Young Law Group, to determine which forms suit your situation best.

HIPAA

Essentially like a permission slip, this authorization allows your adult child to specify who is allowed access to their personal medical information. Specific information can be specifically withheld, such as drug use, sexual activity, and mental health issues so that additional privacy can be protected if desired.

Medical Power of Attorney

Designates an agent to make medical decisions for the young adult. This could be you, as the parent or another trusted adult. Each state has different laws governing medical power of attorney, requiring different forms. Be sure to check with us, Young Law Group, to be sure you are following the laws of your state and the state where your child resides.

Durable Financial Power of Attorney

Allows the parent or another trusted adult to take care of personal business if the adult child cannot do so. This form would allow the parent to take care of such important tasks such as signing tax returns, paying bills, and accessing bank accounts for the incapacitated adult child. A durable power of attorney is powerful and gives broad access to sensitive financial and legal decision-making and should only be given to a trusted relative or friend.

The milestones come quickly once children graduate high school and enter the big, wide world away from home. As your family navigates these significant rites of passage, consult us as your Personal Family Lawyer to determine the steps necessary to ensure excellent communication and peace of mind when a medical emergency arises. Consider including your young adult children in the process. We’re here to help your family establish the legal and medical protections needed to live your desired lives. Contact us today to schedule your Family Wealth Planning Session for your family and get the right documents in place for your kids.

Keep The Government And Lawsuit Happy Opportunists Away From Your Children's Inheritance

shaira@younglawnv.com (Sharia Young) — Mon, 27 Feb 2023 22:06:36 GMT

Protect Your Children's Inheritance with Estate Planning

Keep the Government and Lawsuit Happy Opportunists Away From Your Children’s Inheritance

If you have a current estate plan, I'll bet you plan to leave your assets to your children outright and unprotected by age 35, or maybe a little later. Go take a look at your estate plan, and see what it does right now. And, if you don’t have an estate plan, and you have kids or other people you care about, contact us today and let’s get that handled for you.

If you do have a plan and it distributes your assets outright to your kids -- even in stages, over time, some at 25, then half of what’s left at 30, and balance at 35 (or something along those lines), you’ve overlooked d an incredibly valuable gift you can give your children (and the rest of your descendants for generations); a gift that only you can give them. And a gift that, once you’ve died and left them their inheritance outright, is lost and cannot be reclaimed.

Leave your kids a nest egg protected from lawsuits, divorce, and estate taxes

While you may think to yourself, my kids’ inheritance doesn’t need to be protected. They aren’t going to get sued. You may be right, but you may also be overlooking one of the most common “lawsuits” that causes inheritances to be lost everyday, and that’s divorce. If you want to protect the money you are leaving to your children from their future divorces, even if you love their spouses nor or expect you will, in the future, you can easily do so using a protected trust.

And, if your child is ever involved in a lawsuit, for example, a simple car accident, or if a business transaction goes bad, what you leave to your child can be protected from all future lawsuits or claims against them.

The best part is that if your child has their own taxable estate when they die, your planning now could save your family 40 cents on every dollar (or more) handed down from one generation to the next.

Save your family Up to 40 cents on every dollar -- currently -- at each generation

As of 2023, the current federal estate tax rate is 40% -- meaning that every dollar passed on over the estate tax exemption rate is taxed at 40%. And it has been as high as 55%. On top of that, many states have estate taxes as well.

This all adds up fast, and can decimate your family’s financial legacy, over time. For every million dollars you leave outright to your children, if your children have a taxable estate when they die, could result in your grandchildren receiving only $550,000, with $450,000 going to the government ...unnecessarily.

So, if you want to know that everything you’ve worked so hard to create will stay in your family for generations to come and not be lost to outsiders, leaving your assets to your children protected in a trust we call a Lifetime Asset Protection Trust, instead of outright is the way to go. And, it can be easily built in to your existing estate plan or trust, you just need to ask us to help you get a Lifetime Asset Protection Trust added to your plan.

But how will my kids get to use what I leave to them?

Here’s the best part about leaving your assets to your children in a Lifetime Asset Protection Trust. Not only is what you leave protected, but your children control what you leave them when you decide they are ready.

After your death, the assets you leave behind will pass to your children (and your grandchildren, great-grandchildren, and so on for successive generations) in a Trust that your child can control, as the Trustee of the Trust. You can decide when your child is mature enough to act as a Trustee.

As the Trustee of the Trust, your child decides how what you’ve left is invested and what to do with the Trust assets. And your child will even be able to determine the amount of control vs. the amount of asset protection he or she wants based on his or her specific circumstances.

Is this still important if I don’t have much money?

If you only leave your children a small amount of money, this is still incredibly valuable for protection, if you are leaving assets that will be invested and grown, and not just spent right away on consumables. Some might say it’s even more important because your family has less to lose to taxes, lawsuits, and divorce each generation. And the impact of such losses is much greater.

A mere $10,000 protected now can become millions for the people you love for generations to come.

Imagine that you leave just $10,000 to your child in a Lifetime Asset Protection Trust, and instead of spending that $10,000 or losing it in a divorce, they invest that $10,000 in creating their own business inside their trust, and then grow that business into a million dollar or multi-million dollar venture because of how you chose to leave your child that $10,000 gift … and it’s fully protected for generations.

Secure the future of your family today by speaking to us, Young Law Group. We review estate plans and inherited funds with you, ensuring that all legalities are in place so generations can enjoy the benefits according to your wishes. Don't wait, get peace of mind now - contact us today to get started.

Will Your Estate Plan Actually Work When Your Family Needs It?

shaira@younglawnv.com (Sharia Young) — Tue, 21 Feb 2023 20:24:58 GMT

Estate planning is more than just a one-and-done type of deal, it will be worthless if your plan is not regularly updated when your assets, family situation, and laws change

A Game Changing Realization

The following story illustrates the consequences of not updating your plan, which happened to the founder and CEO of New Law Business Model, Ali Katz.

When Ali was in law school, her father-in-law died. He’d done his estate planning—or at least thought he had. He paid a Florida law firm roughly $3,000 to prepare an estate plan for him, so his family wouldn’t be stuck with the hassles and expense of probate court or drawn into needless conflict with his ex-wife.

And yet, after his death, that’s exactly what did happen. His family was forced to go to court to claim assets that were supposed to pass directly to them. And on top of that, they had to deal with his ex-wife and her attorneys.

Ali couldn’t understand it. If her father-in-law paid $3,000 for an estate plan, why were his loved ones dealing with the court and his ex-wife? His planning documents were not updated, and his assets were not even correctly titled.

Ali’s father-in-law created a Trust so that his assets would pass directly to his family when he died, and they wouldn’t have to endure probate. But some of his assets had never been transferred into the name of his Trust from the beginning. And since there was no updated inventory of his assets, there was no way for his family to even confirm everything he had when he died. To this day, one of his accounts is still stuck in the Florida Department of Unclaimed Property.

Ali thought for sure this must be malpractice. But after working for one of the best law firms in the country and interviewing other top estate-planning lawyers across the country, she confirmed what happened to her father-in-law wasn’t malpractice at all. It was common practice.

Will Your Plan Work When Your Family Needs It?

We hear similar stories from our clients all the time. In fact, outside of not creating any plan, one of the most common planning mistakes we encounter is when we get called by the loved ones of someone who has become incapacitated or died with a plan that no longer works. Yet by that point, it’s too late, and the loved ones left behind are forced to deal with the aftermath.

We recommend you review your plan annually to ensure it’s up to date and immediately amend it following events like divorce, deaths, births, and inheritances. This is so important we’ve created proprietary systems designed to ensure these updates are made for all of our clients. You don’t need to worry about whether you’ve overlooked anything as your family, the law, and your assets change over time.

Furthermore, because your plan is designed to protect and provide for your loved ones in the event of your death or incapacity, we aren’t just here to serve you—we’re here to serve your entire family. We take the time to get to know your family members and include them in the planning process so everyone affected by your plan is well aware of your latest planning strategies and why you made the choices you did.

Unfortunately, many estate planning firms only engage with a part of the family when creating estate plans, leaving the spouse and other loved ones primarily out of the loop. The planning process works best when your loved ones are educated and engaged. We can even facilitate regular family meetings to keep everyone up-to-date.

Built-In Systems To Keep Your Plan Current

Our legal services are designed to make estate planning as streamlined and worry-free as possible for you and your family. Unlike the lawyers who worked with Ali’s father-in-law, we don’t just create legal documents and put the onus on you to ensure they stay updated and function as intended—we take care of that on our end.

For example, our built-in systems and processes would’ve prevented two of the biggest mistakes made by the lawyers who created her father-in-law’s plan. These mistakes include: 1) not keeping his assets properly inventoried and 2) not correctly titling assets held by his Trust.

Maintaining a regularly updated inventory of all your assets is one of the most vital parts of keeping your plan current. We’ll not only help you create a comprehensive asset inventory, we’ll make sure the list stays consistently updated throughout your lifetime.

Start creating an inventory of everything you own to ensure your loved ones know what you have, where it is, and how to access it if something happens to you. From there, meet with us to incorporate your inventory into a comprehensive set of planning strategies that we’ll keep updated throughout your lifetime.

To properly title assets held by a Trust, it’s not enough to list the assets you want to cover when you create a Trust. You have to transfer the legal title of certain assets—real estate, bank accounts, securities, brokerage accounts—to the Trust, known as “funding” the Trust, for them to be appropriately disbursed.

While most lawyers will create a Trust for you, only some will ensure your assets are properly funded. We’ll not only make sure your assets are properly titled when you initially create your Trust, we’ll also ensure that any new assets you acquire throughout your life are inventoried and properly funded to your Trust. This will keep your assets from being lost and prevent your family from being inadvertently forced into court because your plan was never fully completed.

For The Love Of Your Family
With us as your Personal Family Lawyer, our planning services go far beyond simply creating documents and then never seeing you again. We’ll develop a relationship with your family that lasts not only for your lifetime but for the lifetime of your children and their children if that’s your wish.

We’ll support you in not only creating a plan that keeps your family out of court and out of conflict in the event of your death or incapacity, but we’ll also ensure your plan is regularly updated to make sure that it works and is there for your family when you cannot be. Contact us today to get started.

5 Reasons Why Shopping For The Cheapest Estate Plan Could Leave Your Family With An Unintended Mess

shaira@younglawnv.com (Sharia Young) — Tue, 21 Feb 2023 19:45:31 GMT

Shopping for an estate plan based on getting the cheapest plan possible is often the fastest path to leaving your family with an empty set of documents that won't work for your family when they need it.

Here Are 5 Reasons Why Shopping For The Cheapest Estate Plan Is Likely To Leave You With A Plan That Won't Work For Your Family... And Could Leave Them With A Big Mess Instead

The least expensive plan isn’t worth the paper it’s written on once you’ve left the attorney’s office -- your life changes, the law changes, and your assets change over time; your plan needs to keep up with those changes. And the truth is a lawyer can’t afford to provide anything more than documents that won’t get updated when you only pay a few hundred dollars for a plan. The business model doesn’t work for the lawyer and won’t work for you. An attorney who has built a practice specifically to serve your family in their best interests cannot make a living selling $399 (or even $1,500 or $2,000) Wills, Trusts, or estate plans. Only insurance and financial professionals getting paid commissions to sell your family's annuities and life insurance products can make a living selling cheap documents. Buyer beware!
“ Estate planning” is often sold by financial professionals who want to get their hands on your “assets under management,” not necessarily prioritizing doing right by your family or keeping the people you love out of court or conflict. They may not even know how to keep your family out of court or conflict. When your estate plan has been sold to you by an investment advisor as part of your financial advisory and retirement support services, their focus isn’t on understanding the relational and legal dynamics of families, which can flare up after the death of a loved one. As “relational lawyers,” we’ve got specific expertise and training in preemptively identifying potential for family conflict and heading it off before it becomes an expensive problem. We’ve seen it all when it comes to families getting stuck in court, as your Personal Family Lawyer, we can help you design a plan that prevents your family from court and conflict.
Forms and documents won’t be there for your family when you can’t be -- you want to leave your loved one’s relationship with a trusted advisor with whom you have built a relationship during your lifetime and who has met them and they already Trust. Working with a lawyer who focuses on “the best documents” at the “lowest price” or doesn’t charge enough for their services cannot provide more than form documents. These days, especially with the rise of AI, template form documents are free- for anyone to use, which makes it difficult to know how those documents are handled when it comes to protecting the people you love. Shopping around for the least expensive plan may get you the cheapest documents, but those documents won’t be there to guide the people you love when they need someone to turn to in a crisis or grief. We will be.
You get what you pay for. It’s your family that will pay the price. Traditional law firms usually use generic forms and documents. These are called “Trust mills” and are a firm that drafts plans but doesn’t ensure assets are owned correctly or stay up to date over time. You might think that’s malpractice, but it’s not. It’s common practice, leaving your family at risk if and when something happens to you!
An estate plan isn’t a set-it-and-forget-it kind of thing, it needs to stay updated with changes in your life, the law, and your assets. There’s currently more than $58 billion in unclaimed property held in departments of unclaimed property across the United States. Yep, that is billion with a B. Assets often land there when someone dies or becomes incapacitated, and their family loses track of it because it wasn’t tracked well during life. And that’s just one way your family loses out if you’ve shopped around for the cheapest estate plan rather than having a plan that works for the people you love.

Is Something Better Than Nothing?

Sometimes, having something in place is better than nothing, but this is not one of those cases. In this case, having a “something” plan leaves your family holding the expensive, or even empty bag, when it’s too late for them and you to do anything about it. It’s risky business to leave your loved one’s with a set of documents you aren’t sure are going to work, and our guess is that you love your people too much for that.

Bottom line: don’t waste your time shopping around town for the cheapest plan possible. You don’t want the cheap plan, you want the plan that will work for the people you love when they need it.

If you already have an estate plan in place that you may have bought based on price, and are concerned you may have gotten a set of documents that won’t serve your family when they need it most, call us. We can help you save some money by giving it to do yourself, or you can pay us for a plan review to make sure your loved one’s won’t get stuck with an expensive and painful and unnecessary court process or loss of assets, when it’s too late.

Contact us at 702-472-5600 to schedule and get on our calendar. We begin our planning process with a Family Wealth Planning Planning Session, during which you’ll not only become more financially organized than ever before, you’ll finally be able to make informed, educated choices about the right plan for your family based on your unique family dynamics and your assets, instead of just shopping around for an estate plan based on price.

4 Common Mistakes Made On Life Insurance Beneficiary Designations

Thu, 02 Feb 2023 20:33:06 GMT

Mistakes That Lead To Dire Consequences

Investing in life insurance is a foundational part of estate planning, and when done right it’s a primary way to say “I love you” to your loved ones after you are gone. However, when naming your policy’s beneficiaries, several mistakes can lead to potentially dire consequences for the people you’re investing to protect and support.

The following four mistakes are among the most common we see clients make when selecting life insurance beneficiaries. If you’ve made any of these errors, contact us immediately, so we can support you to change your beneficiary designations on your policy and ensure the proceeds provide the maximum benefit for those you love most.

1. Failing To Name A Beneficiary

Although it would seem common sense, whether intentional or not, far too many people fail to name any beneficiary on their life insurance policies or inadvertently name their “estate” as beneficiary. Both of these errors will mean your insurance proceeds must go through the court process known as probate.

During probate, a judge will determine who gets your insurance death benefits. This process can tie the benefits up in court for months or even years, depending on who the beneficiaries of your estate are under the law. Moreover, probate opens up the proceeds to creditors, which can seriously deplete—or even totally wipe out—the funds.

To keep your insurance proceeds out of court , make certain you designate—at the very least— one primary adult beneficiary. In case your primary beneficiary dies before you, you should also name a contingent (alternate) beneficiary. Name more than one contingent beneficiary for maximum protection in case your primary and secondary choices die before you.

Ideally, we often recommend that the primary beneficiary of your life insurance is the Trustee of a well-considered and thoughtful Trust Agreement to provide maximum benefit and protection for your heirs.

2. Forgetting To Update Beneficiaries

While failing to name any beneficiary is a huge mistake, not keeping your beneficiary designations up to date can be even worse. This is particularly true if you are in a second (or more) marriage and fail to remove an ex-spouse as beneficiary, which can leave your current spouse with nothing when you die.

To prevent this, you should review your beneficiary designations annually as part of an overall review of your estate plan and immediately update your beneficiaries upon events like divorce, deaths, and births. When you are our client, we have built-in systems to ensure your beneficiary designations (along with all other documents and decisions in your plan) are regularly reviewed and updated.

3. Naming A Minor (Or Their Guardian) As Beneficiary

You are technically permitted to name a minor child as a beneficiary of your life insurance , but it’s never a good idea. Minor children cannot receive insurance benefits until they reach the age of maturity—which can be as old as 21 in some states. In the event a minor is listed as beneficiary, the proceeds of your insurance will be distributed to a court-appointed custodian, who will manage the funds (often for a not insignificant fee) until the child reaches the age of maturity. At that point, all benefits are distributed to the beneficiary outright and unprotected.

This is true even if the minor has a living parent. A child’s living parent could petition to the court to be appointed custodian. Still, there is no guarantee that a parent would be appointed custodian, especially if the parent cannot qualify or pay for a bond. In many cases, a court could deem a parent unsuitable (if they have poor credit, for example) and instead appoint a paid fiduciary to control the funds.

Rather than naming a minor as a beneficiary, you may think to name the person you have chosen as guardian of your child. But that’s not the right answer either. In that case, all insurance would pay outright to the named guardian and could be used in any way they choose, or even be at risk of being taken in a divorce or by a judgment creditor of the guardian.

Instead, the right answer is to set up a trust to receive the insurance proceeds and name a trustee to hold and distribute the funds to a minor child you would want to benefit from your insurance proceeds, when and how you determine, or even hold them protected for your beneficiary to control but safe from divorce and creditors if you choose.

4. Naming An Individual With Special Needs As Beneficiary

Although a loved one with special needs is likely one of the first people you’d consider naming as beneficiary of your life insurance policy, doing so can have tragic consequences. Leaving insurance directly to someone with special needs could disqualify that individual from receiving much-needed government benefits.

Rather than naming someone with special needs as a beneficiary, you should create a “special needs trust” to receive the insurance proceeds. This way, the money won’t go directly to the beneficiary upon your death. Still, it would be managed by the trustee you name and dispersed according to the trust’s terms without affecting benefit eligibility.

The rules governing special needs trusts are complicated and vary greatly from state to state, so if you have a child with special needs, meet with us today to discuss your options. In the end, special needs planning involves much more than just life insurance—it’s about providing a lifetime of care and protection.

Eliminate Future Problems Now

While naming life insurance beneficiaries might seem simple, if you’re not careful, you can create major problems for the loved ones you’re doing your best to benefit. Meet with us, your Personal Family Lawyer® today to ensure you’ve done everything properly.

We can also support you in planning tools like trusts—special needs or otherwise—to ensure your insurance proceeds provide the maximum benefit for your beneficiaries without negatively affecting them. Schedule a Family Wealth Planning Session to get started.

This article is a service of Shane Jasmine Young, Esq., Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

The Benefits Of Employing Your Kids

Wed, 01 Feb 2023 20:02:53 GMT

Employing Your Kids Can Save You (And Them) Money

Paying your children—whether they’re tweens, teens, or young adults—to work for your company is one of the greatest advantages of running a family business. By hiring your kids, you can help them develop a strong work ethic, give them experience managing money, and jumpstart their ability to save for their future, all while keeping more wealth in your family.

In return, you get employees who have a built-in sense of commitment, teamwork, loyalty, and you may even end up with a long-term succession plan. This sense of dedication is why so many business owners like to claim that their team is “just like family.”

On top of those benefits, hiring your kids also comes with significant tax-saving benefits. And with the passage of the Tax Cuts and Jobs Act (TCJA), those tax benefits are now even greater than ever before. That said, if you hire your kids, ensure they do legitimate work and you pay them reasonable wages, or you may attract unwanted attention from the IRS. More on this below.

Their First $12,550 Worth of Earnings are Tax Free

The TCJA nearly doubled the standard deduction, which increased from $6,300 to $12,550 starting in 2018. This means your children will pay zero federal income tax on anything they earn up to $12,550. This tax break alone can save you thousands each year, and applies to both minors and those kids over age 18.

And even if your kids do earn more than $12,550 for the year, they will pay taxes at the reduced rates established by the TCJA, so they’ll still be reducing your family’s tax bill. Plus, as with other employees, you can deduct your child’s salary as a business expense, reducing your taxable income even further.

Even if your child earns less than $12,550 for the year, you should still have them file a tax return, especially if they are over age 18. Teaching them to file a tax return not only gives them experience managing their finances, but it also allows them to start establishing a credit history.

And depending on your business structure, you may be able to save serious money on your child’s payroll taxes, too.

Payroll Tax Exemption

If your business is a sole proprietorship, a husband-wife partnership, a single-member LLC taxed as a sole proprietorship, or an LLC taxed as a husband-wife partnership, you might not be required to withhold or pay any Social Security and Medicare tax (FICA) or federal unemployment tax (FUTA) on your kid’s wages.

This payroll tax exemption applies to parents who employ their children for either part-time or full-time work. The FICA exemption covers parents who employ kids under age 18, while the FUTA exemption lasts until they reach 21.

This exemption can be used to shift some of the income from your own tax rate to your child’s rate, which is most likely significantly lower than yours.

Work-Around For Corporations

If your business is set up as an S or C corporation, you don’t qualify for the payroll tax exemption, which means you can still pay your child through your corporation, but you’ll have to withhold taxes from their pay, and they’ll have to file a tax return to get a refund. However, there are ways to get around this restriction by using some creative—yet 100% legal—tax strategies.

For example, instead of paying your kids directly from your corporation, you can create a family management company and pay them from that business. By setting up this new company as a sole proprietorship separate from your primary business and paying your children from it, you won’t have to withhold payroll taxes.

If you own an S or C corporation, meet with us, your Personal Family Lawyer® with business planning expertise to learn more about the different work-arounds that allow you to pay your kids in your business and still save on your taxes.

Stay in Compliance with the IRS

With such hefty savings on the table, it’s inevitable that some people will try to abuse these provisions by claiming the tax savings without having their kids do any actual work, or by vastly inflating their wages. To prevent this, the IRS requires your children to meet a few criteria in order to qualify for these tax benefits:

They must perform legitimate work appropriate to their age and skill set.
Their work must exceed the normal household chores they already do.
They must be paid the going rate for their services and not be over-compensated.
Good records must be kept, including filing W-2s.
Their services, work conditions, and hours must be in compliance with federal and state child-labor laws.

There are numerous different jobs your kids can handle for you, which can not only give them valuable work experience, but also provide your business with much needed support. If you are going to pay your kids, at least make them earn it. Here are a few jobs your kids can take over for your business.

Serve as models in your advertising
Answer incoming calls
Cleaning your office
Washing company cars
Updating customer lists
Stuffing mailers and making trips to the post office
Updating your company’s social media posts

If you employ your kids (or want to do so), meet with us, your local Personal Family Lawyer® with business planning expertise to ensure you’re doing everything by the book, and your business isn’t in danger of attracting unwanted attention from the IRS.

Maximize Your Company's Tax Savings

With such significant tax savings available, there’s never been a better time to put your kids to work in the family business. However, hiring your children is just one way you can reduce your yearly tax bill—there are numerous other tax-saving opportunities you might not be aware of. Consult with us your Personal Family Lawyer® with business planning expertise to make sure you don’t miss out on a single one.

This article is a service of Shane Jasmine Young, Esq., Personal Family Lawyer™. We offer a complete spectrum of legal services for businesses and can help you make the wisest choices on how to deal with your business throughout life and in the event of your death. We also offer a LIFT Start-Up Session™ or a LIFT Audit for an ongoing business, which includes a review of all the legal, financial, and tax systems you need for your business. Call us today to schedule.

5 Tips For Creating A Business Plan That Works

Thu, 26 Jan 2023 19:20:03 GMT

Creating a Roadmap for Success

Far too many aspiring entrepreneurs jump-start their businesses without taking the time to plan properly. Just as a builder uses a blueprint to ensure a new construction project will be structurally sound, a carefully researched and well-thought-out business plan allows you to determine whether or not your business concept will succeed and make money.

A solid business plan can not only serve as a roadmap to guide your company’s progress, but it can also allow you to test the validity of your business model, research the market, understand your competition, and avoid potential pitfalls. And if you are applying for a loan or seeking investors, a business plan is a must-have to demonstrate that you’ve thoroughly vetted your business’ financial feasibility.

In the end, developing a solid business plan can be the difference between the success or failure of your business. While you should consult with your Family Business Lawyer™ before you open your doors to ensure your company has the needed legal, insurance, financial, and tax (LIFT) foundation needed to survive and thrive, here are seven tips for creating a winning business plan.

1. Communicate Your Company’s Purpose and Vision

Developing a plan to make money is essential, but it’s not the only—nor most crucial—factor. In identifying how you will generate revenue, you must also clarify and communicate why your company exists (its purpose) and what you intend to accomplish (its vision) with your brand.

Your company’s purpose and vision will serve as your organization’s compass for making future decisions at all levels and provide a framework for hiring a team, marketing and selling your services or products, and running your operations. Once you’ve come up with your business’ purpose and vision, you can more easily define what makes your business unique from competitors and how you plan to deliver your product or service to the public.

2. Identify Your Competition

When creating your plan, it’s vital to understand who else serves the market you plan to serve. While these people are often considered competitors, you may be able to turn them into collaborators. The best part of clarifying your “competition” is that if there is a healthy market for the services or products you want, you’ll likely know that there is a need and desire for your services or products.

Document your research on the competition, identifying the market size, the market share you need, and what will make your product or service better and different from the others.

3. Outline Your Business Model

While your business plan narrative is a broad overview of your company’s purpose and how you plan to fulfill your goals, your “business model” focuses on the specific ways in which you plan to generate revenue. In other words, what are you going to sell, how much are you going to sell it for, and who is going to buy it? This is a critical part of your business plan if you seek financing or investors.

That said, outlining your business model is necessary even if you are funding the business yourself, as you want to ensure that you’re clear on how your investment of time, energy, attention, and money (TEAM resources) will result in returns for you. Indeed, developing financial projections, including an estimate of start-up costs, a break-even analysis, a profit-and-loss forecast, and a cash-flow projection, will help you decide if your business is worth starting or if you need to rethink your concept. We call this process the development of a “Money Map” that doesn’t just take into account your financial outlays and objectives but your time outlays and objectives.

4. Set Specific, Time-Based Goals for Your Business

Be specific with your goals for yourself and your company, including time-based benchmarks you feel confident you can meet.

Setting defined goals sharpens your focus and allows you to track your company’s progress as you grow your operation.

Look out three years into the future, document the vision -- both big picture and micro down to the numbers -- and then walk that back to 1-year goals that will assure your 3-year success. And finally, walk that one-year vision back to quarterly actions that will get you to your one-year goals. We call this “practical magic” because each time we’ve walked our clients through it, we’ve seen them create magic.

5. Get Help From Outside Professionals

While you may be a whiz at delivering your core product or service, you are likely too close to all of it to create your plans on your own. We can help you use “practical magic” like a 3-year strategic vision planning process and a “money map” to create a business plan that will give you the confidence to know what you need to do, when you need to do it, how you need to fund it, and the next steps you need to take from quarter to quarter to achieve your big vision.

Then, we can help you design your legal, insurance, financial, and tax (LIFT) structures to match and support your vision.

Don’t Neglect Your Foundation

From setting up your financials and creating solid agreements to managing taxes and buying insurance, we can support you. As your Family Business Lawyer™, we can ensure you have the foundational legal, insurance, tax, and financial (LIFT) systems in place, so you can focus your time and energy on growing your new business. Schedule a LIFT Start-Up Session with us before launching your new company, and then, as your operation grows, meet with us again to implement the full suite of systems offered in our LIFT Foundation System and Toolkit. Contact us today to get started.

Revocable Living Trust Or Irrevocable Trust: Which One Is Right For You?

Tue, 24 Jan 2023 22:09:19 GMT

Avoid Court & Conflict by Setting up A Trust

You’ve probably heard you need a trust to keep your family out of court and maybe out of conflict in the event of your death or incapacity. And, if you haven’t, you are hearing it now. If you own any “probatable” assets in your name at the time of your incapacity or death, your family must go to court to access them. If you aren’t sure if your assets are “probatable” contact us to discuss.

But you may need clarification about whether you need a revocable living or irrevocable trust. More and more, we are seeing people come our way asking for a irrevocable trust, and so this article is designed to help you learn the difference and then get into an “eyes wide open” conversation about the right kind of trust for you and your loved ones.

What Is a Trust?

A trust is an agreement between the grantor of the trust (that’s you) with a trustee (someone named by you) to hold title to assets for the benefit of your beneficiaries (whoever you name). When we break it down in its simplest form, it’s that straightforward. It’s an agreement.

Now, the terms of that “agreement,” called a “trust agreement,” can vary significantly, and that’s where we come in as we’ll work with you to clarify the terms that you want between yourself and the trustee for the benefit of the people you name as beneficiaries.

With a revocable living trust (RLT), during your lifetime, you will be the “grantor,” the “trustee,” and the “beneficiary.” So, for all intents and purposes under the law, nothing really happens when you retitle your assets in the name of your RLT, so long as you are living and have the capacity (meaning you can make decisions for yourself).

With an RLT, once you become incapacitated (which is determined as per the instructions in the trust document) or in the event of your death, the trust becomes irrevocable, and the person or persons you’ve named as successor trustee steps in to control the assets held in the name of the trust for the benefit of the beneficiaries named in the trust. If you are still living but incapacitated, you would be the beneficiary still. If you have died, then your named heirs would be the beneficiaries. At that point, the trust may distribute outright to your beneficiaries or be held in continuing trust -- protected from creditors, future divorces, future lawsuits, and even estate taxes (if the trust is drafted properly) -- if your trust terms provide for continuing protection.

You could indicate in the trust agreement that you want your beneficiaries to “control the trust” but that you want the trustee to continue to hold title to the assets, thereby protecting the assets, while giving the beneficiaries nearly full control and use of the assets. This is a bit tricky, so don’t try it at home without support. But, if you want to provide this kind of benefit and protection to the people you love, be sure to talk with us about building a Lifetime Asset Protection Trust into your plan. It’s highly worth it if you’ll pass on anything more than what your children will immediately spend upon your death.

We support you in making these decisions in our Family Wealth Planning Session™ process before ever drafting a single legal document for you. But before we talk about that, let’s clarify what a irrevocable trust is and where it might fit into your plan.

A irrevocable trust is the same as a revocable trust -- an agreement between a grantor and a trustee to hold the property for a beneficiary. Still, if the trust agreement is irrevocable, or once it becomes irrevocable, it cannot be changed. There are some exceptions to this, but for the most part, that is the case. If you put your assets into a irrevocable trust, you cannot then take them out of the trust and return them to yourself because the gift to the trustee to hold the assets for the beneficiary is irrevocable.

A irrevocable trust can remove assets from your name and protect them from future lawsuits or future growth in your estate, which removes them from your estate for estate tax purposes. We will recommend irrevocable trusts when we are preparing your estate for the potentiality that you may need long-term nursing care that you would like covered by Medicaid (or Medi-Cal) without decimating your family’s inheritance, or on the other end of the spectrum, if you have an estate that could be subject to the estate tax or that could be at significant risk of lawsuits.

When you meet with us for a Family Wealth Planning Session™, we’ll look at your assets, family dynamics, personal desires, and how the law will apply to all of it. Then, together, we will decide on the right plan for you -- whether to include a trust or not, whether that trust should be revocable or not, and if it is revocable, when it should be irrevocable, and how long it should last for the people you love.

Never choose a type of trust without working with a lawyer who understands you, your family, your assets, and your goals. Never use a life insurance professional or financial advisor to choose the type of trust or draft your trust for you. Too many variables could leave your family with a big mess. We’ll guide you to make the right decisions during life and be there for your family when you can’t be. And we’ll integrate the proper insurance, financial, and tax professionals into your planning at the right time to ensure everything we create works for you and the people you love.

When you meet with us, your Personal Family Lawyer®, we will learn about you, your family dynamics, your assets and your risks and liabilities, needs and desires to support you in the empowering decision-making process of creating an estate plan that works for you and the people you love. Contact us today to get started.

This article is a service of Shane, Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

Creditors And Your Estate Plan

Chelsea@younglawnv.com (Chelsea C.) — Tue, 10 Jan 2023 20:06:05 GMT

What Happens to Your Debt When you Die?

Maybe you’ve wondered about your own debt or perhaps your parent’s debt—what happens to that debt when you (or they) die? Well, it depends, and that’s part of the reason you want to ensure your estate plan is well prepared. How you handle your debt can greatly impact the people you love.

In some cases, you could inadvertently leave a reality in which your surviving heirs—your kids, parents, or others—are responsible for your debt. Alternatively, if you structure your affairs properly, your debt could die right along with you.

According to the Federal Trade Commission , an individual’s debt does not disappear once that person dies. Rather, the debt must either be paid out of the deceased’s estate or by a co-creditor. And that could be bad news for you or the people you love.

What exactly happens to this debt can vary. One of the purposes of the court process known as probate is to provide a time period for creditors to make a claim against the deceased’s estate, in which case debts would be paid before beneficiaries receive their inheritance. But if there is nothing in the probate estate and all assets are held outside of the probate estate, then what?

Well, that’s where we come in, and why it’s so important to get your affairs in order, even if you have a lot more debt than assets. Your “estate” isn’t just what you own, it includes what you owe, too. And with good planning, we can help you align it all in exactly the way you want.

Debt After Death

When an individual dies, someone will handle his or her affairs, and this person is known as an executor. The executor can either be someone of the individual’s choice, if he or she planned in advance, or someone appointed by the court in the absence of planning. The executor opens the probate process, during which the court recognizes any will that’s in place and formally appoints the executor to administer the deceased’s estate and distribute any outstanding assets to their loved ones.

During this process, the estate’s assets are used to pay any outstanding debt. This usually includes all of an individual’s assets, although it does not include assets with beneficiary designations, such as 401(k) plans and insurance policies. The estate does not own these assets, and they pass directly to the named beneficiaries. Given these factors, if an individual’s assets are subject to probate and the person has outstanding debt, their beneficiaries will receive a smaller share of anything left to them in the estate plan.

How Unsecured Debts are Handled After Death

Typically, unsecured debts, such as credit card debts, are the last form of debt the estate repays. In most cases, the estate first repays any outstanding secured debts, including car and mortgage loans. Following this, the estate repays the legal and administrative fees associated with executing the deceased’s will. From there, the estate repays any outstanding unsecured debt, including credit card balances. Usually, if the estate lacks the assets to repay these debts, creditors have no choice but to accept the loss.

However, in some states, probate laws may dictate how the deceased’s creditors can clear these debts in other ways, such as by forcing the sale of the deceased’s property. It’s worth noting that there is a time limit for creditors to claim against an estate after the deceased dies, and this time frame varies between states.

Avoiding Probate

There are several things you can do to avoid probate. Perhaps the most common involves establishing a revocable living trust. Since the trust, not the estate, owns the assets, assets held by a properly funded and maintained trust do not have to go through the probate process.

Despite this, creating a living trust does not guarantee an individual’s assets will receive protection from creditors if that person has debt. What it does mean is that his or her heirs may have more flexibility compared to probate. In other words, by creating a living trust, your trustee may be able to negotiate with creditors more easily to reduce any outstanding debt. In theory, creditors may still sue to repay the debt in full. However, since this could involve significant costs, creditors may prefer to settle instead.

When Do Surviving Family Members Pay the Deceased's Debts?

Most of the time, it’s unnecessary for surviving family members to pay the deceased’s debt with their own money. Instead, as noted above, payment of the debts are either paid out of the deceased’s estate, or if there is no estate, the debts are extinguished. However, there are some exceptions to this, including the following:

Co-signing loans or credit cards: If someone cosigns a loan or credit card with the deceased, that individual is responsible for clearing any outstanding debt associated with that account.
Having jointly owned property: If an individual has jointly owned property or bank accounts with the deceased, that person is responsible for clearing any outstanding balances associated with these assets.
Community property: In some states, including California, Arizona, Nevada, Louisiana, Idaho, Texas, Washington, New Mexico, and Wisconsin, the surviving spouse is required to clear any outstanding debt associated with community property. Community property is any property jointly owned by a married couple.
State laws: Some states require surviving family members, or the estate more generally, to clear any debts associated with the deceased’s healthcare costs. Additionally, if the estate’s executor failed to follow a state’s probate laws, it might be necessary for him or her to pay fines for doing so.

What to do When Someone Dies With Debt

When someone dies with outstanding debt, it’s important to take swift action to handle their affairs and negotiate their debts. Below are some steps to follow when faced with this scenario:

1. Understand Your Rights

Since probate laws vary between states, it’s a good idea to thoroughly research the probate process in our state, or hire a lawyer to handle the estate for or with you. Many states require creditors to make claims within a specific period, while also requiring surviving family members to publicly declare the deceased’s death before creditors can collect any outstanding debt. It’s also against the law for creditors to use offensive or unfair tactics to collect outstanding credit debt from surviving family members. It’s generally a good idea to ask creditors for proof of any outstanding debt before paying.

2. Collect Documents

Collecting documents can be fairly straightforward, particularly if the deceased left all their vital financial papers in a single location. If the surviving family members cannot locate these documents, they can request the deceased’s credit report, which lists any accounts in the deceased’s name. As your Personal Family Lawyer®, we can do this for you, as part of our post-death support services.

3. Cease Additional Spending

This is essential to prevent any debts in the deceased’s name from increasing further, even if there is another person authorized to make payments. Ceasing additional spending. including canceling any recurring subscriptions, also helps prevent unnecessary complications when negotiating with creditors.

4. Inform Creditors

Proactively contact the deceased’s creditors to look into options for negotiating the debt, and notify credit bureaus of the death. To complete this process, it’s useful to have several copies of the death certificate to share with insurance companies and creditors. Afterwards, ask to close all accounts in the deceased’s name, and request the credit bureaus freeze the deceased’s credit, preventing others from unlawfully getting credit in his or her name.

5. Close The Estate

Once all debt has been paid off, forgiven, or extinguished, the executor can officially close the estate. The process for doing this varies based on how assets and debts were held, so do not go into this part alone. Contact us to find out how we can support you.

We Can Help Ensure Your Family Doesn't Get Stuck with Your Debt

Effective estate planning involves taking care of your affairs, and this includes ensuring your debts will be handled in such a way that your family isn’t left with a big mess or inadvertently forced into court. Consider scheduling a Family Wealth Planning Session with us, your Personal Family Lawyer® to determine how we can help protect your assets and prevent creditors from reducing the gifts you want to leave your loved ones after death. Contact us today to learn more.

3 Essential Questions To Ask Before Creating Your Will Online

Chelsea@younglawnv.com (Chelsea C.) — Tue, 03 Jan 2023 18:57:56 GMT

What You Should Know About DIY Wills

If you are looking to create your last will and testament, or will, online, you’ll find dozens of websites that let you prepare a variety of estate planning documents for very little money, and even for free. With so many do-it-yourself online document services out there, you might believe you can create your will online, all on your own, without paying a lawyer to help.

And in some cases, you can create your will online.

But if you do, you need to understand how these services can backfire on you and your family. Online estate planning can be a catastrophe for those who aren’t aware of the risks. And as you’ll see, creating your will online without a lawyer’s guidance can even be worse for your family than if you’d done nothing at all.

Know What's Possible -- and What's Not

A great way to start educating yourself is by watching this training video by family financial and legal expert Ali Katz. This free, one-hour training clarifies what you can do yourself online, and when you really need a lawyer’s support. The training also gives you access to an online tool you can use to create an inventory of all your assets, which is critically important to leave to your loved ones, no matter how much or little you have to pass on.

Meanwhile, if you are looking to create your own will online, first ask yourself the following 3 questions. After considering these 3 questions, if you determine you can create your own will online, you should seriously consider having us review it for you once you complete the document to be certain you’ve properly covered everything and everyone you care about.

1. Will Your Online Will Keep Your Family Out of Court?

When considering creating your own will online, the first question you need to ask yourself is: “Should I become incapacitated or when I die, do I want to keep my family out of court?” If your answer is “Yes, I 100% want to keep my family out of court,” then creating your own will online may not be the best idea.

While a will is a necessary element of most estate plans, it’s typically just one small part of an integrated plan. A will by itself won’t keep your family out of court. In order for assets covered by your will to be transferred to your beneficiaries, your will must first pass through the court process known as probate.

During probate, the court oversees the administration of your estate and assets, ensuring your assets are distributed according to your wishes, while ensuring any creditors of your estate are paid, and managing any disputes that arise. Probate is lengthy, expensive, and open to the public, so you’ll want to have more than a will in place if you have any assets that would go through court in the event of your incapacity or death.

To avoid probate and keep your assets out of court, your will needs to be combined with other planning documents and important conversations as well. These documents include a properly drafted and funded trust, up-to-date and effective beneficiary designations, and you’ll also need to have conversations with family to ensure they won’t end up in conflict due to your lack of preparation.

Beneficiary designations and trust planning can be complex, and if you have assets that would otherwise pass through the court process, it may be difficult to ensure you are making all the right choices for your loved ones and your assets using an online document service. This is why we recommend that you begin your estate planning with a Family Wealth Planning Session, during which we can help you look at your family dynamics and your assets, and then we can assess what would happen to everything you have and everyone you love, when something happens to you. During this planning session, we can then determine the right plan for you and the people you love to help keep them out of court when something happens to you.

2. Is Your Online Will's Execution Legally Valid?

If you do not have assets that would go through the court process, and you want to create an online will simply to name someone as your executor in the event of your death, you’ll want to make sure your online will is legally valid.

Each state has specific laws stipulating how a will must be documented and signed to be legally binding. If you fail to execute your will in accordance with these laws, the court can deem your will legally invalid.

If the court deems your will invalid, it’s as if the document never existed. In that case, a judge would name the person it considers is best to handle your estate, and your assets would be distributed according to state intestacy laws, which typically give priority to your closest living blood relatives.

If you want to ensure your online will is legally valid, you can look up your state’s laws governing the valid execution of a will. From there, make certain you sign it properly, with the right number and type of witnesses.

3.Does Your Online Will Properly Name an Executor?

If you are going to create your own online will, the last question to consider is whether the will properly names an executor, along with back-up executors, and it ensures that those you name will be appointed by the court in the event of your death.

An executor, also called a “personal representative,” is the person responsible for carrying out the instructions in your will. Your executor is typically named in your will and appointed by the court to locate and manage your assets, pay any outstanding debts and taxes you owe, and distribute your remaining assets to your beneficiaries.

If you don’t name an executor in your will, or the person you choose is determined to be unfit, the court will appoint an executor for you. As an example of how things can go wrong here, one common situation in which a named executor can be determined to be unfit is if your will does not waive the requirement for the executor to obtain a bond, and your named executor cannot qualify for a bond. This is a frequent mistake made by those who create their own will online.

If you’re unaware of these requirements when creating your online will, your chosen executor could be deemed unfit, leaving the choice up to the court. We can make certain your choice for executor is properly qualified, so you can rest easy knowing someone you know and trust will handle your final affairs and support your loved ones when you no longer can.

The Professional Support You Deserve

As you can see, creating your will online without a lawyer’s help is a huge gamble, and if you get it wrong, it can cost your family a lot more than money. Rather than relying on a one-size-fits-all document service, meet with us, your Personal Family Lawyer® to create your will and other estate planning documents.

Our Life & Legacy Planning Process is specifically designed to put in place the right combination of planning solutions to fit with your unique asset profile, family dynamics, budget, as well as your overall goals and desires. Until then, if you need to get your plan started or need us to review your existing documents, contact us today.

Green Funerals: 6 Eco-Friendly Options For Your Remains

Chelsea@younglawnv.com (Chelsea C.) — Tue, 27 Dec 2022 23:17:51 GMT

Alternatives to Burial and Cremation

The environmental costs of death are significant and constantly rising. With 8 billion people on the planet right now—all of whom have bodies that die and must be disposed of—we need to start seriously considering alternatives to traditional options for burial and cremation. Fortunately, more and more “green” options are being developed to reduce these costs, and this article looks at some of the latest innovations.

In most conventional burials, the body is pumped with toxic embalming fluid, placed in a steel casket, and buried within a cement-lined vault six-feet underground. According to the Green Burial Council , burials in the U.S. go through roughly 77,000 trees, 100,000 tons of steel, 1.5 million tons of concrete, and 4.3 million gallons of embalming fluid each year.

Although cremation is touted as more eco-friendly than burial, it still comes with serious environmental risks. In fact, cremating a single body uses about the same amount of gas as a 500-mile road trip, according to the Natural Death Center. Cremation also releases some 250 lbs. of carbon dioxide into the atmosphere, roughly the same amount an average American home produces in a week.

A Return to Nature

With the death rate expected to spike as Baby Boomers age, the funeral industry is poised to cause even more damage. While green funerals are a recent trend, natural burials were the norm until the Civil War, which coincided with the rise of the industrial age, embalming, and the modern funeral director business.

Today, natural burials are making a comeback. Green funerals are designed to not only be more environmentally friendly, but also less expensive overall than conventional burial or cremation. If you want to make your last act on this planet less harmful to the ecosystem, here are 6 green funeral options, along with the best way to include your final wishes in your estate plan.

1. Green Burial

Founded in 2005, the nonprofit Green Burial Council (GBC) establishes environmental standards for green cemeteries, funeral professionals, and funeral-product manufacturers. According to the GBC, a green burial must meet three general criteria:

The body cannot be embalmed.
The body must be buried without a cement or metal vault or grave liner.
Only biodegradable burial containers and shrouds may be used.

In green cemeteries, graves are typically marked by GPS or with a simple stone or tree, instead of headstones, metal plaques, and other ornate markers. The grounds are often planted with native species, forgoing pesticides and mechanical landscaping. The graves are shallower than conventional plots, exposing the body to more natural organisms to speed decomposition.

Green caskets are constructed from biodegradable materials, such as untreated wood, bamboo, wicker, or cardboard. Burial shrouds should be non-bleached, undyed, and made of natural fabrics like cotton, linen, silk, wool, or hemp. To find funeral providers in your area that offer green burial, use the GBC's list of approved companies.

2. Aquamation

Without the need for embalming, caskets, or burial vaults, cremation is considered less harmful to the environment than burial. However, a new water-based method—aquamation—promises an even greener alternative . Also called “resomation” or “flameless cremation,” the method involves a chemical process in which lye, superheated water, and pressure dissolve the body, rather than burning fossil fuels. The ashes produced by aquamation can be scattered or placed in a biodegradable urn for burial.

3. Mushroom Burial Suits

One of the latest innovations in green funerals are special burial shrouds containing mushroom spores sewn into the fabric . The suit fits like long-john pajamas, and the mushrooms facilitate decomposition. In addition to absorbing and purifying toxins released by the body, the fungi delivers nutrients to the soil to encourage plant growth. When he died of a stroke at the age of 52, TV and film star Luke Perry was reportedly buried in a mushroom burial suit.

4. Eternal Reefs

Eternal Reefs combine ashes from cremated remains with environmentally friendly concrete to create an artificial reef. Submerged on the ocean floor, these hollow “reef balls'' create new habitats for coral, fish, and other marine life. Marked by GPS, your loved ones are encouraged to visit these living memorials by boat, snorkeling, or scuba diving. The company currently has locations in the waters off the following states: Florida, New York, North Carolina, Texas, South Carolina, Maryland, and New Jersey.

5. Become A Tree

If you aren’t near the water, but still want to leave a living memorial of yourself, a tree burial might be an attractive alternative. The startup Transcend plans to open forest-based cemeteries across the U.S., where rows of trees, rather than headstones, mark the graves. Here’s how it works: the body is wrapped in a biodegradable, linen shroud and placed in a shallow grave that’s lined with wood chips or hay. Then, a mixture of soil, wood chips, and fungi is used to fill the grave, and a young tree is planted on top. As the body decomposes, it provides nourishment to feed the tree.

Additionally, Transcend has partnered with the nonprofit One Tree Planted, which specializes in planting trees around the world. For every tree burial reserved, Transcend promises to plant an additional 1,000 trees right away. The company expects to launch their first tree burials in 2023. Visit their website to learn more, including how the company plans to ensure your tree will be well-maintained for years to come .

6. Human Composting

Another way your death can create new life is by having your remains composted. Known as “human composting” or “recomposting,” the process is similar to composting used to fertilize gardens and farms. The body is first placed in a steel cylinder filled with wood chips, straw, and alfalfa, along with bacteria designed to break down organic matter.

After roughly a month, your body is transformed into what basically amounts to soil. The end product can either be returned to your family or used to revitalize local conservation areas. Developed in 2020 by the Seattle-based company Recompose , human composting is currently legal in five states: California, Washington, Oregon, Colorado, and Vermont, with legislation pending in Hawaii and Delaware.

Put Your Final Wishes In Your Estate Plan

Regardless of the method you select, it’s critical to include your desires, plans, and the money to pay for disposal of your body in your estate plan. While green funerals are typically less expensive than traditional burial and cremation, they can still cost thousands of dollars. To avoid burdening your loved ones, at the very least, your plan should include enough money to pay for your funeral and legally name the person you want to carry out your desired wishes.

Moreover, it’s typically not a good idea to leave money for your funeral in your Will. Any money left in your Will won’t be accessible to your family until your estate goes through the court process of probate, which can last months or even years. Since many funeral providers require full payment upfront, if you leave funds in your Will, your loved ones will likely be stuck with the bill.

To avoid the necessity for probate, we often advise our clients to leave money and directions for their immediate post-death wishes in a Revocable Living Trust. A Living Trust doesn’t require probate, so the money for your funeral would be available to your loved ones right away. In the terms of your Living Trust, you can specify how you want your funeral carried out, and the person you designate as Trustee is legally bound to use the funds in the exact manner the terms stipulate. This can be especially important for green funerals, which might not be something your loved ones would choose if left to plan things on their own.

Finally, you can change the terms of your Living Trust at any point during your lifetime, and with new alternatives being developed all the time, this flexibility would allow you to use the very latest innovations in green funerals. If you’re interested in creating a Trust to cover your funeral expenses, meet with us, your Personal Family Lawyer® to discuss the options.

Help Your Loved Ones And The Planet

With proper planning, you can ensure that your death is not only significantly easier and less expensive for your family, but that it also has the most beneficial impact on the environment. As your Personal Family Lawyer®, we will work with you to prepare an estate plan that includes enough funding to have your funeral handled in the exact manner you desire—without forcing your family to pay for it. Contact us today to learn more.

4 Year-End Tax-Saving Strategies For 2022

Chelsea@younglawnv.com (Chelsea C.) — Tue, 06 Dec 2022 17:27:51 GMT

4 Moves to Make Now

Although the end of the year can be a hectic time, it’s also the deadline for your family to implement a number of key tax-savings strategies. By taking action now, you can significantly reduce your tax bill due in April, but with just a few weeks left in 2022, you better act fast.

While there are dozens of potential tax breaks you may qualify for, here are 4 of the leading moves you can make to save big on your 2022 tax return. However, there may be other opportunities for saving, so meet with us, your Personal Family Lawyer® to make certain you haven’t missed a single one.

1. Maximize Retirement Account Contributions

By maximizing your contributions to tax-deferred retirement accounts, such as IRAs and 401(k)s, you can not only save for retirement, but also reduce your taxable income for 2022.

In 2022, you can contribute up to $6,000 to an IRA and up to $20,500 to a 401(k) if you're under 50, and up to $7,000 to an IRA and $27,000 to a 401(k) for those 50 and older. If you don’t have the cash available to fund the maximum amount, try to contribute at least any amount that will be matched by your employer, since that’s basically free money, and you lose it if you don’t use it.

That said, the ability to deduct your traditional IRA contributions from your taxes comes with certain limitations . These limitations are based on factors, such as whether or not you or your spouse is covered by a retirement plan at work and your adjusted gross income (AGI), so make sure you know how your family is affected by these limits when taking deductions. On the other hand, Roth IRA contributions are not tax deductible, since they are made after taxes are taken out, but withdrawals from a Roth in retirement are tax-free.

Additionally, consider maxing out contributions to your Health Savings Account (HSA). Contributions to HSAs for 2022 are capped at $3,650 for individuals and $7,300 for families, with an additional catch-up contribution of $1,000 allowed for those age 55 and older.

You have until December 31, 2022 to contribute to a 401(k) plan and until April 18, 2023 to contribute to an IRA or HSA for the 2022 tax year.

2. Defer Income if you'll Make Less Next Year

If you’re expecting to make significantly more income this year than in 2023, try to defer as much income into next year as possible. However, this strategy only makes sense if you’ll be in the same or a lower tax bracket next year.

This might mean asking your boss to delay paying a year-end bonus until after Jan. 1, 2023, or if you’re self-employed, waiting to invoice certain clients until the new year. On the other hand, if you think you’ll be in a higher tax bracket in 2023, you may want to do the opposite and accelerate income into 2022 to take advantage of a lower tax bracket.

Meet with us, your Personal Family Lawyer® to find out what’s best for your situation.

3. Use "Loss Harvesting" to Offset Capital Gains

With the stock and crypto markets down this year, it can be the ideal time to use a strategy called “loss harvesting,” which means selling taxable investment assets, such as stocks, mutual funds, and bonds, at a loss to offset any capital gains you may have realized earlier in the year. Capital losses offset capital gains dollar for dollar.

If your losses exceed your gains, you can write off up to $3,000 of collective losses against other income. Any losses in excess of $3,000 can be carried over into the next year. In fact, you can carry over such losses year after year over your lifetime.

Note that the loss harvesting strategy does not apply to tax-advantaged accounts, such as 401(k)s, IRAs, and 529 plans. Additionally, the IRS "wash-sale" rule prohibits using this tax write-off for buying a “substantially identical” asset within a 30-day window before or after the sale that generated the loss.

Given the restrictions, you should always consult your CPA or financial advisor before employing loss harvesting to ensure it doesn’t backfire on you. And if you’d like us to meet with you and your CPA or financial advisor, we offer that service to the clients in our top-tier support plans, so be sure to ask about that if you’d love help getting all of your legal, insurance, financial, and tax systems organized and coordinated before the end of this year.

4. Watch your Required Minimum Distributions (RMDs) - or Ensure your Parents are Watching theirs - if your or they are over age 72

If you have an employer-sponsored retirement plan, including a 401(k), 403(b), traditional IRA, SEP IRA, or SIMPLE IRA, you must start taking required minimum distributions (RMDs) by April 1st of the year that follows the year you turn 72. After that, annual withdrawals must be made by December 31st each year to avoid a serious penalty.

If you fail to take the proper RMD, you may face a 50% excise tax on the amount you should have withdrawn based on your age, life expectancy, and your account balance at the beginning of the year. That said, if you do make a mistake, you may be able to avoid the penalty by requesting a waiver from the IRS. You can request a waiver if your failure to take the RMD is due to a reasonable error, and you take steps to make the required distribution. To request a waiver, submit Form 5329 to the IRS , with a statement explaining the error and the steps you are taking to correct it.

Note that in 2022 the IRS updated its uniform lifetime table to calculate RMDs to account for longer life expectancies. As a result, your RMDs for this year may be slightly lower compared to previous years. To determine your RMD, refer to the IRS RMD worksheet , or use an RMD calculator .

Maximize Your 2022 Tax Savings

Implementing these—and other—year-end tax-saving strategies could save your family thousands of dollars on your 2022 tax bill. But if you don’t act soon, some of these opportunities may vanish for good, so meet with us, your Personal Family Lawyer® today to schedule your appointment and lock in your savings.

How Will A Recession Affect Your Family

Chelsea@younglawnv.com (Chelsea C.) — Tue, 06 Dec 2022 17:08:54 GMT

4 Steps You Can Take Now

As you’ve surely heard by now, we’re in the midst of great economic shifts. The collapse of the crypto market, the roller coaster that is the stock market, rising interest rates, dropping home values, and inflation through the roof—it’s enough to make you sick. And it can make you sick, unless you take the actions we are sharing here.

During every economic shift, whether it’s the Great Depression, the last Great Recession, or even during the pandemic, some people get rich, while others lose everything. Whether your family got rich, lost it all, or just hung on by their toes, you can learn from what happened and create the exact future reality you want for yourself and the people you love.

But to do that, you need to get into action now. In service to that, here are 4 steps you can take right away to change your family’s future and ensure you have the stability you need to sail through the economic shifts in the best way possible.

On that note, whether you’ll be passing on wealth or inheriting it, it’s crucial to have a plan in place to reduce the massive loss that will occur if you wait to start the estate planning conversation. Whether you have a little or a lot, not getting clear on what you do have (or will receive) can cause major upsets that can cost you far more than just money.

1. Get into Conversation and Connection

The first step to ensure your family benefits from the current and coming economic shifts, regardless of what happens, is to get into conversation and connection with the people you depend on, the people who depend on you, or who you will depend on, if something happens to you or your assets.

With the economic realities that are upon us, we can no longer go it alone, expecting everything to just work out because the stock market is on the rise and there’s plenty of savings cushion in the bank. Instead, this is the time to bring your family together and talk about what there is, where it is, and how it’s being managed (and will be managed) in the event there is a black swan event, such as the pandemic or a major stock-market crash.

If you are afraid to have these conversations because you think your family might not do well with knowing what you have, because you think they can’t handle knowing what you have (or don’t have), or because there has been upset in the past when talking about family financial resources, that’s a sign that it’s more important than ever to get into conversation and connection as soon as possible.

If you’ve attempted to have these conversations with your loved ones in the past and it hasn’t gone well, reach out and ask for our help. We’ve got processes and systems in place to support you to have these delicate conversations with your parents, kids, or siblings, with far more ease than you trying to do everything all on your own.

And if you don’t have living parents, kids, siblings, or a spouse, it’s even more important that you start these conversations. You can begin by identifying who you need to have these conversations with. We work with many single people and unmarried couples to help them navigate and talk about what can be a confusing and uncertain future, and we can help you, too.

If talking about assets and the allocation of family resources is easy for your family, that’s great—it’s time to take it to the next level by following the rest of the steps outlined here. Once you get into conversation with the right people based on your family dynamics, the next step is to get comfortable enough to “open the kimono.” This involves creating an inventory that lists all of the assets you own, where they are located, and how the people you love can find them in the event you become unable to share those details yourself.

2. Open the Kimono: Create your "Family Wealth Inventory"

Whether you’ve created a formal set of estate planning documents already or not, it’s time to create (or update) an inventory of your assets. In our experience, most estate plans don’t do a very good job of keeping assets organized. When a loved one becomes incapacitated or dies, this is actually one of the biggest sources of expense, heartache, and pain—no one knows what there is, where it is, or how to find it.

One of the greatest gifts you can give the people you love is what we call a “Family Wealth Inventory,” and it’s something we create for all of our clients as part of their estate plan. We will not only create this inventory for you, but we have systems to keep it consistently updated year in and year out, as your life, assets, and the law change over time.

During a major economic shift, creating, updating and revising your Family Wealth Inventory is critical, and doing that with the people you love is your number-one mission. As we see it, family wealth isn’t just about your financial wealth, it’s about your whole family wealth, including your intellectual, spiritual, and human assets. In fact, these non-financial, intangible assets are usually what we all care about most, and yet they are so often overlooked in estate planning.

One of the best ways to maximize your family’s intellectual, spiritual, and human assets is for your loved ones to get into relationship around your family’s financial resources. Begin by creating (or updating) your Family Wealth Inventory, and sharing it with your loved ones, so you can discuss how to best allocate (or re-allocate) those resources. Having this conversation can help ensure your family’s intellectual, spiritual, and human wealth continues to grow, even as we move through these uncertain economic times.

If you don’t have a Family Wealth Inventory yet, contact us and ask about our Personal Resource Map. This free, online resource-mapping tool will help you start creating your asset inventory right now, without the need for a lawyer. From there, meet with us for a Family Wealth Planning Session. During this meeting, we’ll look at what you have, where it is, and who will take care of it if you can’t, so we can create a plan that’s right for you and your family, whether we have a recession, depression, inflation, or whatever else may come our way.

3. Consider Reallocating your Resources

Once you’ve created your Family Wealth Inventory, which allows you to see all of your assets in one place and consider the needs of your family, regardless of the economic climate, you may decide to reallocate your resources. For example, now might be the time to invest in multigenerational housing that will allow you and your kids to live together for many years or allow you to care for aging parents, while still maintaining privacy. Or you may decide that it’s time to create that homestead you’ve been talking about building, or launch that business you’ve been wanting to start. And it could be that now is the time to do all of that with the people you love.

When we meet with you for a Family Wealth Planning Session, we’ll help you look at whether your resources are being held in ways that will support you to reach your short and long-term goals. Then, we can either help you reallocate your resources to achieve those goals, or refer you to professionals we trust to help you reallocate. The worst thing you can do right now is not look at your family resources because you are afraid to see what’s there or you want to keep your head buried in the sand.

Times are changing, and the best time to look at what you have, so you can consider the future you want to create and intentionally allocate (or re-allocate) your resources is right now. Those who do so will thrive. Those who don’t will fall behind and wish they had done something different once it’s too late.

4. Update your Plan

Once you look at what you have, where it is, and how you want it allocated, the next issue to decide on is who would take care of it all if you cannot. Leaving the management of your affairs to chance or to out-of-date estate planning documents is the worst thing you can do for yourself and those you love.

In an upcoming article, we’ll cover the Great Wealth Transfer that’s happening, detailing how between $30 and $80 trillion of wealth will be transferred between the generations over the next few decades, and how you can best prepare for that transfer.

In the meantime, start by updating the estate planning you already have in place to handle your assets in the event of your incapacity or death. If you don’t have any plan at all, the state has one for you, and it almost certainly isn’t what you would want to have happen. And if you do have an estate plan in place, it’s likely out of date, or possibly wasn’t even created properly to begin with.

No matter what you have—or don’t have—we can help.

Secure your Wealth, your Legacy, and your Family's Future

Regardless of how much, or how little, wealth you own, now is the time to look at what you have, talk to your parents about what they have, and talk to your kids about what they’ll need to take care of you. And if you don’t have living parents or kids, talk to your siblings or close friends. As your Personal Family Lawyer®, our Life & Legacy Planning Process is designed to guide you to look at all of these things with ease and talk to the right people based on your family dynamics and assets, as affordably and effectively as possible.

Every plan we create has built-in support for your life and legacy, which can greatly facilitate your ability to make wise legal and financial decisions throughout your lifetime and beyond. That’s why we call our services Life and Legacy Planning, not just estate planning.

By working with us, as your Personal Family Lawyer®, you can rest assured that no matter what happens with the ongoing and future economic shifts, your family wealth will offer the maximum benefit for your loved ones. Schedule a Family Wealth Planning Session today to start having these critical conversations to ensure you and your family will thrive through the recession and any other calamity that may occur.

4 Strategies To Turn Your Side Hustle Into A Booming Business

Chelsea@younglawnv.com (Chelsea C.) — Tue, 06 Dec 2022 16:37:29 GMT

Strategies for Success

Whether you are starting your very first company or you are an established business owner looking to develop a new income stream, creating a side hustle can be the ideal way to get a new business venture started. By developing your business as a part-time side gig, you can greatly reduce the personal and financial risk that comes with starting a new business from scratch.

If you are eager to get the ball rolling with your side hustle, here are 4 strategies to enhance your chances of success.

1. Monetize Your Passion

The quickest and easiest way to get a side hustle going is to start with something you truly enjoy doing, you are already good at doing, and that provides value to those around you. By turning something you are passionate about into a money-making venture, you’ll likely have the motivation to see things through when the going gets tough, because even when you are not making any money, you’ll still be having fun.

If you are working a day job, find something you enjoy doing and for which you already have the skills, experience, and industry knowledge. For example, if you work in marketing and really enjoy creating your company’s digital media, you might launch your own enewsletter or graphic design service.

But first, be sure you aren’t violating the terms of your employment agreement with your current employer. As your Personal Family Lawyer® firm with business planning expertise, this is something we can help you with to make certain your new venture doesn't get you into any legal trouble.

If you already own a business, find ways to generate new income streams from your current operation. From affiliate marketing to consulting and creating new digital platforms, there are an array of different options to choose from for creating new revenue sources. Not sure where to start or which options to choose? We can help you with that.

2. Validate your Concept with Income and Feedback

Studies show that nearly half of all startups fail due to a lack of a profitable market. This highlights the need for you to validate your business concept with paying customers before investing too much time, energy, and money—or quitting your day job. Your side hustle idea may sound like a winning concept to you, but your potential customers might not feel the same way.

By attracting just a few paying customers, you can not only validate your concept, but you will also be able to solicit vital feedback. By getting honest customer feedback, you can make adjustments to your initial concept to ensure you’re producing the ideal version of your product or service.

Oftentimes, your initial concept will evolve through several iterations before you land on the winning one, so be flexible and willing to go with what actually works, not just what you think will work. If you’d like to have a brainstorming session to discuss the marketability of your product or service before you bring it to the market, give us a call, and ask about our LIFT Start-Up Session.

3. Minimize your Startup Costs

One of the biggest advantages of launching a side gig is that you often don’t have to invest much—if any—money to get your operation off the ground. If you already own a business, you can leverage your existing legal, insurance, financial, and tax (LIFT) foundations, as long as they are already well established.

If your business doesn’t already have its LIFT foundations in place, meet with us, your Personal Family Lawyer® firm with business planning expertise to get these systems established before you expand. And if you are starting a side hustle from scratch, you will want to consult with us before you launch to get those basic foundations in place.

4. Develop a Schedule and Stick to it

If you are already running a business or working a 9 to 5 job, you will likely have limited time to work on your side hustle. That’s why it’s called a “hustle” after all—you have to hustle to make the venture pay off. This is where time management is critical.

First, you’ll need to determine how many hours you can spend each day on your side gig, and then block out those times using Google Calendar or another time-management app. To give the venture its best chances of success, find the times of the day when you’ll have the most focus and energy. Whether it’s setting aside extra time in the morning, evenings, or weekends, tailor your side-job schedule around the times when you’ll be the most productive.

From there, make those work times as non-negotiable as your day job or primary business venture. If you simply work whenever you feel like it, you are unlikely to make progress, you’ll get discouraged, and your venture will most likely fall apart before it has a chance to take off.

We have a proven process, called Money Mapping, we can take you through that will help you map your income needs, your available time, and then allow you to use your calendar wisely to ensure it all works together. Contact us for details.

Create a Solid Foundation

One way to maximize the time and productivity spent working your side hustle is to streamline the tedious—yet critical—daily tasks involved with running any business. From keeping financials and creating legal agreements to managing taxes and insurance, these things may not be very glamorous, but ignoring them can seriously stunt your budding business—and even lead to financial ruin if you are sued or audited.

As your Personal Family Lawyer® firm with business planning expertise, we can support you to ensure that you have the foundational legal, insurance, tax, and financial (LIFT) systems in place, so you can focus your time and energy on growing your side hustle. At first, you probably won’t need anything super extensive, but you’ll at least need the basics, and we offer exactly this kind of support with our LIFT Start-Up Session.

Schedule a Start-Up Session with us before launching your side hustle—or if you’ve started but have yet to set up LIFT systems, or if you’re simply not sure if your systems have been set up properly. From there, as your side hustle grows, meet with us again to implement the full suite of systems offered in our LIFT Foundation System & Toolkit. Contact us today to learn more.

This article is a service of Shane Jasmine Young, Esq., Personal Family Lawyer®. We offer a complete spectrum of legal services for businesses and can help you make the wisest choices on how to deal with your business throughout life and in the event of your death. We also offer a LIFT Start-Up Session™ or a LIFT Audit for an ongoing business, which includes a review of all the legal, financial, and tax systems you need for your business. Call us today to schedule.

10 Pitfalls to Avoid with Your Company's Legal Agreements - Part 2

Chelsea@younglawnv.com (Chelsea C.) — Thu, 01 Dec 2022 23:54:39 GMT

Contact Your Personal Family Lawyer® Today.

Agreements are the heart of your business. Indeed, your entire business is one vast series of agreements: agreements with investors and lenders, clients and vendors, employees and contractors, as well as partners and customers. Yet, despite the critical role they play in a company’s success, far too many business owners fail to take their agreements seriously.

Whether it’s winging it by creating your own agreements or using cheap, do-it-yourself (DIY) legal documents you purchase online, failing to treat your legal agreements with the respect they deserve can seriously cost you. In fact, just one poorly constructed agreement could end up costing you tens of thousands of dollars in attorney’s fees and court costs—or even put you out of business entirely.

Last week, in part one , we covered the first 5 of 10 pitfalls that can put your company in serious jeopardy if you take the DIY route with your legal agreements. Here in part two , we’ll cover the five remaining pitfalls that you’re likely to encounter when going it alone with these vital documents.

6. Failure to Give Yourself an Out

In addition to terminating an agreement due to a breach, you need to consider how the relationship might end due to any number of other circumstances. By giving yourself a clear exit strategy, rather than being caught off-guard or surprised when things change, the relationship can successfully adapt to the transition with ease.

For example, when entering into an agreement with a new business partner, you should think about—and plan for—all of the ways each of you might potentially exit the business. What would happen in the event you decide to sell the business? What would happen if the business failed, and you had to close your doors? What will happen when one (or both) of you dies or if one of you becomes incapacitated?

You need to get clear about all of these eventualities, and then document them in the appropriate agreements, including your operating agreement, bylaws, and/or buy-sell agreement. Moreover, it’s best to prepare these agreements—and your exit strategy—early on in the relationship, when you are still on good terms and have high hopes for the relationship's future.

Otherwise, it’s likely going to be much more difficult to agree on a solution, without dealing with unnecessary conflict—and in the worst cases, costly litigation—just to get yourself out of the relationship. As your Personal Family Lawyer® with business planning expertise, we can ensure that your agreements provide you with a clear exit strategy that will allow you to get out of the relationship with the least conflict, liability, and expense possible.

7. Failure to Address Conflict Resolution

Along with having an exit strategy, your agreements should also address how to resolve any disputes that may arise—preferably without resorting to litigation, which ideally is a last resort. To this end, consider adding terms to your agreements that require alternative dispute resolution processes, such as mediation and arbitration, before either party can file a lawsuit.

By including a clause requiring mandatory mediation or arbitration in your agreements, you can have better control of potential disputes before they occur, and you can help ensure contractual conflicts are handled in the most productive manner possible, without getting stuck battling one another in court.

8. Not Protecting Your Intellectual Property

Your intellectual property (IP) is among your company’s most valuable assets, and as such, it needs to be fully protected in your legal agreements. This is especially important when working with independent contractors.

Unlike employees, with whom you generally own automatic copyrights to everything they produce while working for you, contractors typically retain full copyrights to their work—unless they’ve signed a written agreement stating otherwise. In fact, if you don’t have properly drafted agreements in place, you may not even own the work you’re paying someone to produce for you.

To secure ownership of your IP, you need to include work-for-hire and copyright assignment clauses in every contractor’s agreement to ensure you actually own the work you are paying for. And yes, this means every single person, even those you may have worked with for years without a single problem.

Beyond contractors, it’s vital to ensure your IP is protected from all other potential threats, such as competitors, clients, and even partners. From filing for trademarks and copyrights on all of your IP to adding limitations-on-use provisions to your agreements with clients and customers and including clauses that assign ownership rights of IP brought into the company by partners to your business (rather than the partners themselves) in your operating agreements or bylaws, as your Personal Family Lawyer® with business planning expertise, we can ensure your agreements include the necessary terms to ensure your IP has the maximum protection possible

9. Agreeing to Broad Indeminities Favoring the Other Party

When you indemnify another party in an agreement, you are agreeing to compensate them for any losses they incur in specific circumstances. Such terms can also force you to compensate the other party, if something you do—or fail to do—causes the other party to experience a loss, damages, or a lawsuit from a third party. And often these indemnification provisions are buried in boilerplate that you aren’t reading, and wouldn’t even necessarily understand if you did read the terms.

In all but the rarest of cases, you should never agree to indemnify the other party against all possible claims related to the product or services you provide. To prevent this, be sure to have us, your Personal Family Lawyer® with business planning expertise review your agreements before signing to ensure you don’t get stuck paying for things the other party should be responsible for.

10. Becoming a Personal Party to an Agreement

Read this carefully, and then practice it without fail—never, ever sign a legal agreement for your business in your own name. Every legal agreement you enter into for your business should be signed in your company’s name, not yours.

By signing an agreement in your own name, you are placing your personal assets at risk, even if you typically enjoy liability protection because your company is set up as a limited liability company (LLC) or corporation. As with mixing personal and business finances and failing to abide by administrative formalities, signing a company agreement in your name is one of the instances where your “corporate veil” can be pierced, allowing creditors to come after your personal assets to settle a claim against your business, even if you have an LLC or corporation set up.

Every legal agreement, no matter how seemingly minor or trivial it may appear, should be signed in your company’s name, rather than your own. And while you’re at it, make a commitment to never sign another legal agreement without having us review it first.

Giving Your Agreements The Proper Respect

Just as you would never try to wire your office’s electrical systems yourself if you weren’t an experienced electrician, you shouldn’t try to do the same with your company’s legal agreements by acting as if you're a lawyer. When it comes to such a critical component of your business, you should always consult with a licensed and experienced professional like us.

Whether you need new agreements created or want us to review agreements you already have—even those drafted by another lawyer—meet with us, your Personal Family Lawyer® with business planning expertise. We will support you to not only create clear concise agreements, but also implement an agreement process that will allow you to more effectively navigate the inevitable changes that take place in every relationship, while dealing with conflict in a way that’s both healthy and productive. Call us today to learn more.

10 Pitfalls To Avoid With Your Company Agreements - Part 1

Chelsea@younglawnv.com (Chelsea C.) — Tue, 22 Nov 2022 17:57:01 GMT

Don't Do It Yourself

Whether it’s winging it by creating your own agreements or using cheap, do-it-yourself (DIY) legal documents you purchase online, failing to treat your legal agreements with the respect they deserve can cost you significantly. In fact, just one poorly constructed agreement could end up costing you tens of thousands of dollars in attorney’s fees and court costs—or even put you out of business entirely.

Given this potential risk, having an experienced business lawyer like us prepare—or at least review—your agreements is absolutely essential in protecting you and your business. To demonstrate how complex legal agreements can be and how ill-prepared you are to draft your own, here are 10 pitfalls that can put your company in serious jeopardy if you take the DIY route with such important legal documents.

1. Not Using Any Legally Documented Agreements At All

As we’ve covered before, agreements can actually be created verbally, without any written agreement at all. Whether you think you can go without legally documented agreements because you only do business with people you trust, or because you think agreements are something only big companies need, or because you think agreements are simply a way for lawyers to make money, you are setting yourself up for major costs down the road.

Such beliefs are a serious misunderstanding of the role legally documented agreements play in your business. In reality, your agreements are among your company’s most crucial tools—and these tools offer your company more than just legal protection. Agreements don’t just protect your assets, they give your relationships the greatest chance of success; they protect your intellectual property, your time, your energy, and your attention; and they let you know upfront, whether or not you are going to want to work with a particular vendor, client, or partner.

For example, documented agreements force both parties to work through important issues—and potential sticking points—inherent to the success of the relationship before any work begins. This not only saves time and money by preventing unnecessary future litigation to unwind a relationship, but it gives you early insight into how well you and the other party deal with conflicting viewpoints and desires, which is a vital part of any relationship.

Ultimately, having well-drafted legal agreements can enhance just about every aspect of your business—whether it’s boosting revenue, expanding your operation, hiring the most talented team, or improving your relationships—and you simply cannot afford to go without these crucial legal documents.

2. Signing Without Reading (Or Understanding) An Agreement

Every agreement you enter into is likely to contain complex terms and legal jargon that can be tedious to read all the way through. But it’s vital that you not only read—but fully understand—all of an agreement's terms before you sign, since these terms can have a major impact on both you and your business, if and when you ever have to go to court to enforce the agreement.

Before you sign any agreement, you should have your Personal Family Lawyer® with family business planning expertise review the agreement with you to ensure you completely understand exactly what you are agreeing to and the full implications of your agreement. And be sure to seek our counsel before you sign, because once you sign, it’s too late—you’ve already entered into an agreement and are legally bound by its terms, regardless of whether you understood them or not.

3. Failure To Include (or Negotiate) Key Terms

One of the biggest mistakes you can make when entering into an agreement is letting the other party convince you that a key term or clause doesn’t need to be included because it’s something that’s “assumed,” “unnecessary,” or that a key term is just “standard.”

In legal agreements, there are no standard terms, or terms that are assumed or unnecessary. If you have an agreement, and it’s not written into the terms of a legally documented agreement that you have signed, that term will not stand as a term of the agreement, if later on, you ever need to enforce the agreement. Moreover, all terms in an agreement are negotiable.

In addition to helping ensure you fully understand an agreement’s terms, making sure your agreements include the necessary terms is another area where an experienced business lawyer can prove invaluable. To this end, you should have trusted legal counsel like us review every agreement before you sign to make certain that all of the necessary terms have been included—and the terms are documented clearly enough that anyone could understand them.

4. Failure To Establish A Clear Performance Standard

It’s fairly easy to enforce an agreement with a vendor who doesn't pay or a contractor who misses a deadline—the facts are clear in these situations. However, things get trickier when it comes to more subjective areas of an agreement, such as poor performance or “for cause” termination.

To address this, your agreements must be as specific as possible about the goals, objectives, and deliverables of the relationship to ensure your vendors, employees, and contractors are clear on what success looks like, and that those success terms are outlined within the agreement. If not, you may get stuck with a shoddy product or a poorly performing team member, while still being required to pay for the work.

When you hire a new employee, for example, you should establish clear, measurable outcomes for the role, with specific metrics for success, along with time frames for specific goals and objectives to be achieved. Then, include this information in the employment agreement, so it’s abundantly clear what the expectations for the position are for the team member and for you.

5. Not Defining What Constitutes A Breach

Along with establishing clear expectations for performance, it’s also vital to consider all of the things that can go wrong in a business relationship before work starts, and then establish a clear process for addressing each issue in the agreement.

For example, in the above scenario, you need to think about how you’d deal with the new team member if things didn’t work out as expected. What would happen if the individual needs to leave, can’t perform, or isn’t performing for some reason? What is each of you entitled to in the event the relationship needs to end? All of these scenarios need to be thought through and clearly addressed in the agreement.

Next week, in part two of this serie s, we’ll cover the five remaining pitfalls you’re likely to encounter when going it alone with your company’s agreements.

For now, make the commitment to never sign another legal agreement until it’s been reviewed by us, your Personal Family Lawyer® with family business planning expertise. This is a wise and invaluable business practice, and it’s one we support every client with. Whether you have existing agreements that need to be reviewed or you need new agreements drafted, we’re here for you. In the end, elisting our support with your agreements could be the make-it-or-break-it difference for your business. Call us today to schedule your visit.

This article is a service of Shane Jasmine Young, Esq., Family Business Lawyer™. We offer a complete spectrum of legal services for businesses and can help you make the wisest choices on how to deal with your business throughout life and in the event of your death. We also offer a LIFT Start-Up Session™ or a LIFT Audit for an ongoing business, which includes a review of all the legal, financial, and tax systems you need for your business. Call us today to schedule.

Trusts And Taxes: What You Need To Know

Chelsea@younglawnv.com (Chelsea C.) — Tue, 08 Nov 2022 21:27:11 GMT

Tax Implications of Trusts

People often come to us curious — or confused — about the role trusts play in saving on taxes. Given how frequently this issue comes up, here we’re going to explain the tax implications associated with different types of trusts in order to clarify this issue. Of course, if you need further clarification about trusts, taxes, or any other issue related to estate planning, meet with us, your Personal Family Lawyer® for additional guidance.

Two Types Of Trusts

There are two primary types of trusts — revocable living trusts and irrevocable trusts — and each one comes with different tax consequences.

Revocable Living Trust

A revocable living trust, also known simply as a living trust, is by far the most commonly used form of trust in estate planning. And as long as you are living, there is absolutely no tax impact of creating a living trust.

A living trust uses your Social Security Number as its tax identifier, and this type of trust is not a separate entity from you for tax purposes. However, a living trust is a separate entity from you for the purpose of avoiding the court process called probate, and this is where the confusion regarding taxes often comes from. But before we explain the tax implications of a living trust, let's first describe how a living trust works.

A living trust is simply an agreement between a person known as the grantor, who gives assets to a person or entity known as a trustee, to hold those assets for the benefit of a beneficiary(s). In the case of a revocable living trust, the reason there are no tax consequences is because you can revoke the trust agreement or take the assets back from the trustee at any time, for any reason. In fact, as long as you are living, you can change the terms of the trust, change the trustee, change the beneficiaries, or terminate the trust altogether.

However, upon your death, a revocable living trust becomes irrevocable, and this is when tax consequences come into play. Following your death, the trustee you’ve named will step in and take over management of the trust assets, and one of the first things that your trustee will do is to apply for a tax ID number for the trust. At this point, the trust becomes a taxable entity, and any income earned inside of the trust that is not distributed in that year would be subject to income taxes, at the taxable rates of the trust (or at the tax rates of the beneficiaries, if income is distributed to the beneficiaries).

Irrevocable Trusts

An irrevocable trust is created when you make a gift to a trustee to hold assets for the benefit of the beneficiary, and you cannot take back the gift you've made to that individual.

When you create an irrevocable trust, either during your lifetime, or at death through a testamentary trust (a trust that arises at the time of your death through your will), or through a revocable living trust creating during your lifetime, the trust is a separate tax-paying entity, and it is either subject to income tax on the earnings of the trust at the rates of the trust or at the rates of the beneficiaries.

Unlike a revocable living trust, an irrevocable trust is (as the name implies) irrevocable. This means that the trust’s terms cannot be changed, and the trust cannot be terminated once it’s been executed. When you transfer assets into an irrevocable trust, you relinquish all ownership of those assets, and your chosen trustee takes total control of the assets transferred into the name of the trust. Because you no longer own the assets held by the trust, those assets are no longer considered part of your estate, and as long as the trust has been properly maintained, the assets held by the trust are also protected from lawsuits, creditors, divorce, serious illness and accidents, and even bankruptcy.

However, as mentioned earlier, irrevocable trusts also come with tax consequences. As of 2022, the income earned by an irrevocable trust is taxed at the highest individual tax bracket of 37% as soon as the undistributed taxable income reaches more than $13,450. To avoid this high tax rate, in some cases, an irrevocable trust can be prepared so that the tax consequences pass through to the beneficiary and are taxed at his or her rates, which are typically much lower.

We often set up a trust in this way when creating a Lifetime Asset Protection Trust for a beneficiary. When set up like this, the trust can provide the beneficiary with protection from common life events, such as serious debt, divorce, debilitating illness, crippling accidents, lawsuits, and bankruptcy, without being taxed at such a high rate on such little income.

If you have a trust set up, and would like us to review its income tax consequences for your loved ones upon your death, meet with us, your local Personal Family Lawyer®.

The Estate Tax: What It Is & Who Pays It

The estate tax is a tax on the value of a person’s assets at the time of their death. Upon your death, if the total value of your estate is above a certain threshold amount, known as the federal estate tax exemption, the IRS requires your estate to pay a tax, known as the estate tax, before any assets can be passed to your beneficiaries.

As of 2022, the federal estate tax exemption is $12.06 million for individuals ($24.12 million for married couples). Simply put, if you die in 2022, and your assets are worth $12.06 million or less, your estate won't owe any federal estate tax. However, if your estate is worth more than $12.06 million, the amount of your assets that are greater than $12.06 million will be taxed at a whopping 40% tax rate.

You can reduce your estate tax liability—or even eliminate it all together—by using various estate planning strategies. Most of these strategies are fairly complex and involve the use of irrevocable trusts, but such strategies are without question worth it, if you can save your family such a massive tax bill. To learn how to save your family from such a major tax burden, meet with us, your Personal Family Lawyer® to discuss your options.

And please note, we are only speaking about the federal estate tax here. Currently 12 states have their own estate tax, which are separate from the federal estate tax. We’ll cover the specifics of what happens in our state regarding your estate tax, when we have a Family Wealth Planning Session. Give us a call to schedule yours, if you have not yet had a Planning Session with us.

The Future Estate Tax

The current $12.06 million estate tax exemption is set to expire on Jan. 1, 2026, and return to its previous level of $5 million, which when adjusted for inflation is expected to be around $6.03 million . Here’s one thing we know for sure: We don’t know what the estate tax exemption will be at the time of your death, and we also don’t know what the value of your assets will be at the time of your death. Because of this, when you plan with us, we will ensure that we put in place planning strategies to protect your estate from estate taxes, regardless of the amount of the estate tax exemption or the size of your assets.

We're Here For You

If you are trying to decide whether a revocable living trust, irrevocable trust, Lifetime Asset Protection Trust, or some other estate planning vehicle is the right solution for you and your family, meet with us, as your Personal Family Lawyer®. We will support you in making that decision, so your estate can provide the maximum benefit for the people you love most, while paying the least amount of taxes possible. Call us today to schedule your visit.

How To Manage Your Digital Accounts After Your Death - Part 2

Chelsea@younglawnv.com (Chelsea C.) — Mon, 07 Nov 2022 17:34:57 GMT

Protecting Your Online Legacy

If you have preferences about what happens to your digital footprint after your death, you need to take action. Otherwise, your online legacy will be determined for you—and not by you. If you have any online accounts, such as Gmail, Facebook, Instagram, LinkedIn, Apple, or Amazon, you have a digital legacy, and that legacy is yours to preserve or lose.

Following your death, unless you’ve planned ahead, some of your online accounts will survive indefinitely, while others automatically expire after a period of inactivity, and still others have specific processes that let you give family and friends the ability to access and posthumously manage your accounts.

Last week, in part one of this series , we covered the processes that Facebook and Google have in place to manage your digital accounts following your death. Here in part two, we’ll continue our discussion, covering how Instagram, Twitter, and Apple’s collection of online platforms handle your accounts once you log off for the final time.

Instagram

Given that Instagram is owned by Facebook, the photo and video-sharing social media platform’s processes for handling your account after your death are similar—but not entirely the same—as Facebook’s. As a reminder, Facebook allows you to name a legacy contact to handle your death, and Instagram gives you two options for managing your account after death: You can either have your account memorialized, or you can have it deleted.

However, it’s your family—not you—that has the final say. This makes it all the more important that your loved ones are well-aware of your wishes for how you’d like this digital asset managed when you die.

In order to have your account memorialized, Instagram requires a family member or friend to submit a special request form, along with proof of your death, such as your obituary or death certificate. Once your account is memorialized, the word "Remembering" appears next to your profile name, and your account will basically be frozen, appearing exactly as you left it before your death.

All posts shared on your memorialized Instagram account will be preserved and shared with the same audience they were before your death. No one can log into your memorialized account, make changes to your posts, profile information, or settings. Additionally, your memorialized account will no longer appear in public Instagram forums, such as its Explore page.

Alternatively, Instagram allows your account to be permanently deleted after your death. According to Instagram's policy, only family members can have your account deleted, and this requires a bit more effort than memorialization.

To have your Instagram account permanently erased from cyberspace, your loved ones must not only submit a special form , but they must also supply your birth certificate, proof of death, as well as proof that they are your lawful representative under local law, the latter of which can take the form of a power of attorney document, a will, or an estate letter.

Twitter

Twitter’s policies regarding the management of your account after death are fairly simple. In fact, the company only gives you one option: the deactivation of your account. Llike Instagram, Twitter leaves the decision as to what happens to your account after your death up to your family. Twitter’s Help Center offers a page with the specific details about deactivating a deceased person’s account.

If your family has your login and password information when you die, it’s fairly easy. Whoever has your login and password (plus 2fa access, if you have 2fa turned on) can login to your account on their own, and select the “deactivate my account” option. From there, the account will be deleted after 30 days of inactivity. That said, the account can be reactivated, simply by someone logging back into your account before 30 days expires.

If your family doesn’t have your login information, Twitter offers an alternate option for your account’s deactivation. However, Twitter notes that this option is only available to verified family members and estate executors.

The process starts by having a family member or your executor fill out a special form requesting the removal of your account. Following the request, Twitter will email instructions asking the person for additional details, including information about your death, a copy of their ID, and a copy of your death certificate.

From there, Twitter will review each request individually, but as long as the proper information is provided, Twitter notes that the vast majority of these requests are granted. Keep in mind that such requests will result in the account’s permanent deletion, so make sure your loved ones carefully consider their decision, since once deleted, the process cannot be reversed.

Apple Devices & Services

As you likely know well, all Apple devices and services require an Apple ID. This ID is used for everything from logging on to your iCloud files and making ‌App Store‌ purchases to tracking and finding your lost iPhone with the ‌FindMy app.

Like Facebook, Apple lets you select a “Legacy Contact” to manage the data and devices connected to your Apple ID after your death. Your Legacy Contact can be anyone you choose, and you can even designate more than one Legacy Contact.

The data your Legacy Contact(s) can access and manage includes items, such as photos, videos, messages, notes, files, contacts, calendar entries, downloaded apps, and backups of any devices stored in iCloud. Your Legacy Contact(s) will also be able to remove the Activation Lock from your devices, so they can personally use them, give them away, or sell them.

However, your Legacy Contact(s) will NOT have access to your login or password information, your payment information, your iCloud email accounts, or any of your licensed media. This means that you can’t pass on your collection of music, movies, or apps, unless that media already exists on one of the devices you own.

Before providing access, Apple reviews all requests made by your Legacy Contact(s). To gain access, your Legacy Contact(s) will need the access key provided when they were first nominated, as well as a copy of your death certificate and your date of birth. This makes it vital for your Legacy Contact(s) to print out a physical copy of their access key and safely store it, rather than relying on it being saved in your messages app or password manager.

Once access is approved, your Legacy Contact(s) receives a special Apple ID to access your account. From then on, your old Apple ID and password will no longer work, and Activation Lock is removed from all devices using your Apple ID. From the time the first legacy account request is approved, your Legacy Contact(s) has three years to access your data and devices, after which your account is permanently deleted.

How To Manage Your Digital Accounts After Your Death - Part 1

Chelsea@younglawnv.com (Chelsea C.) — Wed, 02 Nov 2022 19:04:09 GMT

Protect Your Digital Footprint

Following your death, unless you’ve planned ahead, some of your online accounts will survive indefinitely, while others automatically expire after a period of inactivity, and still, others have specific processes that let you give family and friends the ability to access and posthumously manage your accounts.

Because social media and other digital platforms are such a ubiquitous part of our daily routine, and they can offer intimate snapshots of your life, these digital assets can serve as a key part of your legacy—one you may want to protect after your death. Alternatively, you may prefer to keep your online history private and have it permanently deleted once you're gone.

Whether you want to preserve your digital footprint or erase it entirely, you need to plan ahead to ensure your wishes are properly carried out. With this in mind, here we’ll discuss how some of the most popular digital platforms handle your account once you log off for the final time. From there, we’ll cover how to include these digital assets in your estate plan to ensure they are properly accounted for, managed, and passed on in the event of your incapacity or death.

Facebook

Unless you choose to have your account deleted, Facebook offers what’s known as a “Legacy Contact” for managing your profile after death. Using a Legacy Contact, you can choose someone to control your account’s operation and functionality after you pass away.

Following your death, Facebook first memorializes your account. Once memorialized, the word “Remembering” is added to your profile name, and only confirmed friends can view your profile or find it in a search. Depending on your privacy settings, friends and family members can post content and share memories on your memorialized timeline.

However, memorialized accounts are locked, so your original content cannot be altered or deleted, even if someone has your password. Your Facebook account can be memorialized regardless of whether or not you select a legacy contact. To have your account memorialized, Facebook simply requires your family or friends to provide proof of your death using a special request form and evidence of death, such as an obituary.

If you’ve chosen a Legacy Contact, that individual can manage your memorialized account based on the permissions you’ve granted him or her. Some of the actions your legacy contact can perform include writing pinned posts, choosing who can view and post tributes on your profile, responding to new friend requests, updating your cover and profile images, and requesting your account’s closure.

However, there are certain actions your Legacy Contact will not be able to perform. This includes logging into your account as you, viewing your direct messages, removing your friends, or making new friend requests. For more in-depth coverage of Facebook’s legacy contact service and how it fits in with your estate planning, read our previous article, Managing Your Digital Afterlife: A Guide To Facebook’s Legacy Contact.

Gmail, Google, & YouTube

The Internet titan Google owns several of the most popular web services, including Gmail, YouTube, Google Drive, Google Photos, and Google Play. In order to request how you want these accounts managed after your death, Google offers a function called Inactive Account Manager.

Using this function, you must first choose the amount of time—3, 6, 12, or 18 months—that must pass without any activity before the Inactive Account Manager service is triggered. The service lets you select up to 10 different people, who can access your account once Inactive Account Manager goes into effect. You can specify the data those individuals will be allowed to access, including things like photos, contacts, emails, documents, and other content.

With Inactive Account Manager, you can also opt to have your account deleted. If so, you can have Google simply delete all of your content, or you can share your content with your designated contacts before deletion. If you share your content, your contacts will be able to access and download data from your account for 3 months before it’s deleted.

Should you choose to have your account deleted, your Gmail messages will be permanently deleted, and all data and content in all of your other Google-based accounts like YouTube, Google Drive, and Google Photos will also be deleted. If you die without setting up Inactive Account Manager, Google will automatically delete your account following two years of inactivity.

Finally, because Google owns YouTube, and YouTube videos have the potential to earn revenue indefinitely, it’s vital that you use the Inactive Account Manager to protect this potentially lucrative asset following your death. Additionally, you’ll also want to include these intangible assets in your estate plan, so they can be protected and passed on to your loved ones in the most beneficial way possible.

On that note, be sure to c heck back next week, to read part two of this series . In that article, we’ll continue our discussion about how the most popular internet platforms deal with your account after your death. From there, we’ll conclude the series by covering the most effective methods for including these accounts—and other types of digital assets—in your estate plan.

Until then, if you need support or advice on the best ways to protect and pass on your assets—digital or otherwise—reach out to your Personal Family Lawyer® to discuss your options. Our Life & Legacy Planning Process is designed to ensure that all of your tangible and intangible assets, including your family legacy, are preserved and passed on seamlessly in the event of your death or incapacity. Contact us today to learn more.

How An Estate Plan Can Protect Your Business and Family

Chelsea@younglawnv.com (Chelsea C.) — Mon, 24 Oct 2022 17:57:35 GMT

Protect What's Most Important to You with a Business Succession Plan

You’ve most likely dedicated significant time and energy to creating a vision for your business, executing that vision, and even writing up a detailed business plan for the growth of your business. Yet far fewer business owners put the same effort into planning for their company’s continued success following their retirement, incapacity, or death.

However, not planning for the future of your business once you are no longer around to run the company could have disastrous consequences for you, your team, your clients/customers, and your family. And of all the potential risks facing your business, the two that are impossible for you to avoid are your incapacity and death—indeed, no one is immune to old age, illness, or death.

Given this liability, creating an estate plan for the continued success of your business should you become incapacitated or when you die is just as critical as any other planning you do for your business, if not more so. The best part is that when you create an estate plan for your business, or a succession plan, it makes your company more resilient, less dependent on you overall, and can greatly improve your ability to take vacations, and have the freedom from your business you probably desire.

What is a Business Succession Plan?

A business succession plan is an estate plan for your business. And that plan will include several strategies, such as life insurance for liquidity, a buy-sell agreement (covering the buyout of partners or other shareholders), and it should also include a trust to spell out the future management of your business. Without a trust in place, your business will likely be stuck in a totally unnecessary court process called probate (described more below), which could interrupt your company’s continued operation and even cause the loss of everything you’ve worked so hard to build.

A Will Alone is Not Enough

When it comes to creating an estate plan, most people typically think of a will. While it’s possible to leave your company to someone in your will, it’s far from the ideal option. That’s because, upon your death, all assets passed through a will must first go through the court process known as probate. And the cost, time, and complexity involved when the court makes decisions about your business assets is completely unnecessary.

During probate, the court oversees your will’s administration to ensure your assets (including your business) are distributed according to your wishes. But probate can take months, or even years, to complete, and it can be quite expensive, which can seriously disrupt your cash flow and your company’s operation. What’s more, probate is a public process, potentially leaving your business affairs open to your competitors.

Furthermore, a will only goes into effect upon your death, so it would do nothing to protect your business should you become incapacitated by illness or injury before your eventual death. In fact, if you only have a will in place (or have no estate plan at all), in the event of your incapacity, your family would have to petition the court for guardianship in order to manage your business as well as your other personal and financial affairs.

Like probate, the court process associated with guardianship in the event of your incapacity can be long and costly. And in the end, whether it’s a family member or professional guardian agency, there’s no guarantee the individual the court ultimately names as guardian would be the best person to run your company.

Trusts Protect Your Business and Family

Given the drawbacks associated with a will, a much better way to ensure your business’ continued success is by placing your company in a revocable living trust. A living trust is not required to go through probate, and all assets placed within the trust are immediately transferred to the person, or persons, of your choice in the event of your death or incapacity, without the need for any court intervention.

Upon your death or incapacity, having your business held in trust would allow for the smooth transition of control of your company, without the time, expense, and hassle associated with probate or guardianship. And using a trust, you can choose the individual(s) you think will be best suited to run your company in your absence, whether that absence is permanent (your death) or temporary (your incapacity). And within the trust, you can create a business succession plan, which would not only name your successor, but also provide him or her with detailed—and legally binding—instructions for how you want the business run when you are gone.

Finally, trusts are not open to the public, so your company’s internal affairs would remain private, and the transfer of ownership would take place in your lawyer’s office, not a courtroom, and on your family’s time.

Although the majority of business owners will get suitable protection for their business using a living trust, for the most airtight asset protection, you may want to consider setting up a specialized irrevocable trust. Such irrevocable trusts are quite complex, and they are not the right choice for everyone, so ask us, as your Family Business Lawyer™ to find out if an irrevocable trust would be suitable for your particular company.

A Comprehensive Succession Plan

While placing your business in a trust is an effective way to protect your company upon your death or incapacity, it’s merely one part of a comprehensive business succession plan, which as mentioned earlier typically includes other estate planning strategies, such as business insurance, life insurance, and a buy-sell agreement. For the maximum level of protection, meet with us, your Family Business Lawyer™ to ensure your business has all of the necessary legal protections in place.

Even if you have an existing estate plan, you should have us review it to make sure you’ve covered all of your bases, and your plan has been properly updated. As your Family Business Lawyer™, we use a 50-point assessment to analyze your estate plan, which needs to be consistently updated to account for changes in your life, assets, and the law.

In our assessment, we will review your business and its assets, and discuss all of the different tools available to ensure the company and wealth you’ve worked so hard to build will survive—and thrive—no matter what happens to you. Taking these actions will not only help shield your company and family from unforeseen tragedy, but it will give you the peace of mind needed to take your business to the next level. Schedule your appointment today to get your plan handled.

2022 Estate Planning Checkup: Is Your Estate Plan Up-To-Date?

Chelsea@younglawnv.com (Chelsea C.) — Mon, 17 Oct 2022 17:43:29 GMT

Review Your Plan This Estate Planning Awareness Week

This year, Estate Planning Awareness Week runs from October 17th to 23rd, and one of our primary goals is to educate you on the vital importance of not only preparing an estate plan, but also keeping your plan up-to-date. While you almost surely understand the importance of creating an estate plan, you may not know that keeping your plan current is every bit as important as creating a plan to begin with.

In fact, outside of not creating any estate plan at all, outdated estate plans are one of the most common estate planning mistakes we encounter. We’ll get called by the loved ones of someone who has become incapacitated or died with a plan that no longer works because it was not properly updated. Unfortunately, once something happens, it’s too late to adjust your plan, and the loved ones you leave behind will be stuck with the mess you’ve left, or they could end up in a costly and traumatic court process that can drag out for months or even years.

Estate planning is an ongoing process, not a one-and-done type of deal. To ensure your plan works properly, it should continuously evolve along with your life circumstances and other changing conditions. Regardless of who you are, your life will inevitably change: families change, assets change, laws change, and goals change.

In the absence of any major life events, we recommend reviewing your estate plan annually. However, there are several common life events that require you to immediately update your plan—that is, if you want it to actually work and keep your family out of court and out of conflict. To this end, if any of the following events occur in your life, contact us, your Personal Family Lawyer® right away to amend your estate plan.

Life Events That Necessitate An Immediate Review Of Your Estate Plan

1. You Get Married

Marriage not only changes your relationship status; it changes your legal status. Regardless of whether it’s your first marriage or fourth, you must take the proper steps to ensure your estate plan properly reflects your current wishes and needs.

After tying the knot, some of your most pressing concerns include naming your new spouse as a beneficiary on your insurance policies and retirement accounts, granting him or her Medical Power Of Attorney and/or Durable Financial Power Of Attorney (if that’s your wish), and adding him or her to your will and/or trust

2. You Get Divorced

Because divorce is such a stressful process, estate planning often gets overshadowed by the other dramatic changes happening. But failing to update your plan for divorce can have terrible consequences.

Once divorce proceedings start, you’ll need to ensure your future ex is no longer eligible to receive any of your assets or make financial and medical decisions on your behalf—unless that’s your wish. Once the divorce is finalized and your property is divided, you’ll need to adjust your estate plan to match your new asset profile and living situation.

3. You Give Birth Or Adopt

Welcoming a new addition to your family can be a joyous occasion, but it also demands entirely new levels of planning and responsibility. At the top of your to-do list should be legally naming both long and short-term guardians for your child. Our Kids Protection Plan offers everything you need to complete this process for free right now.

Once you’ve named guardians, consider putting other estate planning vehicles, such as a Revocable Living Trust, in place for your kids. These planning tools can make certain the assets you want your child to inherit will be passed on in the most effective and beneficial way possible for everyone involved. Consult with us, your Personal Family Lawyer® to determine which planning strategies are best suited for your family situation.

4. You Have A Minor Child Reach The Age Of Majority

Once your kids become legal adults—which is age 18 or 21, depending on your state—many areas of their life that were once under your control will become entirely their responsibility. And if your kids don’t have the proper legal documents in place, you could face a costly and traumatic ordeal should something happen to them.

For instance, if your child were to get into a serious car accident and require hospitalization, you would no longer have the automatic authority to make decisions about his or her medical treatment or the ability to manage their financial affairs. Without legal documentation, you wouldn’t even be able to access your child’s medical records or bank accounts without a court order.

To prevent your family from going through an expensive and unnecessary court process, speak with your kids about the importance of estate planning, and meet with us to ensure they have the proper legal documents in place as they start their journey into adulthood.

5. A Loved One Dies:

The death of a family member, partner, or close friend can have serious consequences for both your life and estate plan. If the deceased person was included in your plan, you need to update it accordingly to fill any gaps his or her death may create. From naming new beneficiaries, executors, and guardians to identifying new heirs to receive assets allocated to the deceased, make sure your plan addresses all voids created by a death in the family as soon as possible.

6. You Get Seriously Ill Or Injured

As with death, illness and injury are an unavoidable part of life. If you’ve been diagnosed with a serious illness or are involved in a life-changing accident, you may want to review the people you’ve chosen to handle your medical decisions as well as how those decisions should be made. The person you want to serve as your healthcare proxy can change with time, so be sure your plan reflects your current wishes.

7. You Move

Estate planning laws can vary widely from state to state, so if you move to a different state, you’ll need to review and/or revise your plan to ensure it complies with your new home’s legal requirements. And because some estate planning laws are complex, you’ll want to meet with us to make certain your plan will still work exactly as you desire in your new location.

8. Your Assets Or Liabilities Change Significantly

Whenever the value of your estate changes dramatically—whether an increase or decrease, or even just the acquisition or sale of assets— you should revisit and update your plan. Whether you inherit a fortune, take out a new loan, retire, sell a home or business, buy a home or business, or change your investment portfolio, your plan should be adjusted accordingly.

9. You Buy Or Sell A Business

If you plan to sell a business, you can implement estate planning strategies to avoid almost all of your taxes—as long as you contact us ahead of time. And, of course, if you are buying a business, you’ll want to ensure your plan is updated to take into account your succession plans for the new venture.

For every business you own, you should consider creating a buy-sell agreement and a business succession plan to protect both your business and your family in case something happens to you. In your plan, you can not only decide who will take over your role as the company’s owner should something happen to you, but you can also provide him or her with a detailed road map for how the business should be run in your absence with a comprehensive business succession plan.

Our Systems Keep Your Plan Updated - For Life

Keeping your estate plan updated is so important that we’ve created proprietary systems designed to ensure your plan is revisited consistently, so you don’t need to worry about overlooking anything, as your family, the law, and your assets change over time. Be sure to ask us about these systems during your visit.

Furthermore, because your plan is designed to protect and provide for your loved ones in the event of your death or incapacity, us, your local Personal Family Lawyer® isn’t just here to serve you—we’re here to serve your entire family. Over the years, we’ll take the time to get to know your family members and include them in the planning process, so everyone affected by your plan is well-aware of what your latest planning strategies are and why you made the choices you did, along with knowing exactly what they need to do if something happens to you. And if you are the parent of minor children, we will put safeguards in place to ensure that your kids are never placed into the care of strangers, even temporarily.

Life & Legacy Planning

As a Personal Family Lawyer® firm, our estate planning services go far beyond simply creating documents and then never seeing you again. In fact, we will develop a relationship with you and your family that lasts not only for your lifetime, but for the lifetime of your children and their children, if that’s your wish.

Unlike traditional estate plans, a Life & Legacy Plan is designed to grow and change with you. Us, your local Personal Family Lawyer® makes that possible. We aren’t just a one-time document creator; we are your trusted, lifelong counsel and guide, who works with you to ensure your family stays out of court and out of conflict and grows even closer as a result of the legacy you’re creating.

Ultimately, we’ve discovered that estate planning is about far more than planning for your death and passing on your “estate” to your loved ones—it’s about planning for a life you love and a legacy worth leaving by the choices you make today. And this is why we call our services Life & Legacy Planning. Call us, your Personal Family Lawyer® to get your plan started today.

Five Smart Ways To Pay For Your Funeral That Won't Leave Your Family To Foot The Bill

Chelsea@younglawnv.com (Chelsea C.) — Mon, 10 Oct 2022 20:13:43 GMT

Use Estate Planning to Avoid Burdening Your Family

With the cost of a funeral averaging between $7,000 and $12,000 and steadily increasing each year, at the very least your estate plan should include enough money to cover this final expense. And if you are thinking of simply setting aside money in your will to cover your funeral expenses, you should seriously reconsider, as paying for your funeral through your will can create unnecessary burdens for your loved ones.

Although you can leave money in your will to pay for your funeral expenses, your family won’t be able to access those funds until your estate goes through the court process of probate, which can last months or even years. And since most funeral providers require full payment upfront, your family will likely have to cover your funeral costs out of pocket. Moreover, your loved ones will have to deal with all of this while grieving your death.

If you want to avoid burdening your family with such a hefty bill and the stress that comes with it, you need to use estate planning strategies that do not require probate. While you should meet with us, your Personal Family Lawyer® to find the solution best suited for your unique situation, the following 5 options are among the most commonly used methods for covering funeral expenses without the necessity for probate.

1. Traditional Insurance

You can purchase a new life insurance policy or add extra coverage to your existing policy to cover funeral expenses. Unlike money left in your will, an insurance policy does not go through probate, and it will pay the death benefit to the named beneficiary as soon as your death certificate is filed with the insurance company.

2. Burial Insurance

In addition to traditional insurance, you can also purchase burial insurance, which is specifically designed to cover funeral expenses. Also known as “final expense” , “memorial” and “preneed” insurance, such policies do not require a medical exam. However, you’ll often pay far more in premiums than what the policy actually pays out.

In fact, due to the hefty premiums and the fact such policies are sold mostly to the poor and uneducated, consumer advocate groups like the Consumer Federation of America consider burial insurance a bad idea and even predatory in some cases due to the fact that these policies are often sold to lower income populations.

One final point about using insurance to pay for your funeral: If you have any type of insurance to cover your funeral, it’s crucial that your family knows about it. Far too often, insurance policies are never cashed in because the family didn’t know they existed. Don’t let this happen to you—make sure your family knows about any insurance policies you have as well as how to locate the necessary paperwork.

3. Prepaid Funeral Plans

Many funeral homes let you pay for your funeral services in advance, either in a single lump sum or through installments. Also known as pre-need plans, the funeral provider typically puts your money in a trust that pays out upon your death, or buys a burial insurance policy, with itself as the beneficiary.

While prepaid plans may seem like a convenient way to cover your funeral expenses, these plans can have serious drawbacks. As mentioned earlier, if the funeral provider buys burial insurance, you’re likely to see massive premiums compared to what the plan actually pays out. And if they use a trust, the plan might not actually cover the full cost of the funeral, leaving your family on the hook for the difference. Plus, most states have inadequate laws protecting funds in such plans, putting your money at risk if the funeral provider closes or is bought out by another company.

In fact, these plans are considered so risky, the Funeral Consumers Alliance (FCA), a nonprofit industry watchdog group, advises against purchasing such plans. The only instance where prepaid plans are a good idea, according to the FCA, is if you are facing a Medicaid spend down before going into a nursing home. This is because prepaid funeral plans funded through irrevocable trusts are not considered a countable asset for Medicaid eligibility purposes.

That said, if you’re looking to buy a prepaid funeral plan in order to qualify for Medicaid, be sure to consult with us first, as not all pre-paid funeral plans are actually Medicaid compliant, even if the funeral home says they are. Moreover, if the irrevocable trust is not set up correctly, it may violate Medicaid’s look-back period, which can delay your eligibility for benefits.

4. Payable-On-Death Accounts

Many banks offer payable-on-death (POD) accounts, sometimes called Totten Trusts, that you can set up to fund your funeral expenses. The account’s named beneficiary can only access the money upon your death, but you can deposit or withdraw money at any time.

A POD account does not go through probate, so the beneficiary can access the money once your death certificate is issued. POD accounts are FDIC-insured, but such accounts are treated as countable assets by Medicaid, and the interest is subject to income tax.

Another option is to simply open a joint savings account with the person handling your funeral expenses and give them rights of survivorship. However, this gives the person access to your money while you’re alive too, which puts your money at risk if the person goes into debt or gets sued and their creditors come after your account to pay the other person’s debt.

Given this risk, we recommend you consider other options that will allow you to pay your funeral expenses, without leaving your finances vulnerable to another person’s mistakes or poor money management.

5. Living Trusts

When you work with us, as your Personal Family Lawyer®, you don’t need to buy a pre-built trust from a funeral provider. Instead, we can create a customized living trust that allows you to control the funds until your death and name a successor trustee, who is legally bound to use the trust funds to pay for your funeral expenses exactly as the trust terms stipulate.

Furthermore, you can change the terms of your living trust at any time, and you can even dissolve the trust if you need the money for other purposes. Alternatively, if you need an irrevocable trust to help qualify for Medicaid, we can create that type of trust as well, while ensuring the trust stays totally compliant with all of Medicaid’s requirements, so you don’t run afoul of the program’s many complex requirements.

If you are interested in creating a trust to cover your funeral expenses, meet with us, your Personal Family Lawyer® to discuss the options that are best suited for your intended purpose, budget, and family situation.

Use Estate Planning To Avoid Burdening Your Family

Although thinking about your eventual death is never easy, with the proper planning, you can make dealing with the aftermath of your death significantly easier for the loved ones you leave behind. To avoid needlessly burdening your family with the expense and stress of planning and paying for your funeral, make sure your estate plan includes the necessary funds to cover this expense, and be sure to use an estate planning strategy that will allow your family to access these funds as quickly and easily as possible—ideally by using an option that avoids probate.

With so many different options to choose from, consult with us, your Personal Family Lawyer® to find an estate planning vehicle that is best suited for your particular situation. With our guidance and support, we will develop a planning strategy that includes adequate funding to ensure your funeral services are handled in the exact manner you desire—and your family won’t be forced to foot the bill. Contact us today to learn more.

Anne Heche Dies With Conflict Around Her Will, Leaving Her Sons & Estate In Legal Limbo—Part 2

Chelsea@younglawnv.com (Chelsea C.) — Tue, 04 Oct 2022 18:42:42 GMT

A Lifetime Asset Protection Trust Can Protect Your Kids

Actress Anne Heche died this August following a tragic car accident, leaving behind two young sons: Homer Heche Laffoon, age 20, and Atlas Heche Tupper, age 13.

Last week, in part one, we covered the way uncertainty around Heche’s estate plan is creating conflict among her loved ones and resulting in her estate going through the lengthy, expensive, and public court process called probate. Here in part two, we’ll discuss two additional issues related to Heche’s death and the results of her failure to work with a lawyer on her planning.

First, we’ll cover how Heche could have passed on her assets to her sons using a special type of trust that would have not only kept her affairs private, but would have protected her sons’ inheritance from their own creditors, a future divorce, and future lawsuits. Then, we’ll discuss the estate planning tools the late actress could have had in place to deal with her own incapacity following her accident.

From there, we’ll outline what you can learn from Heche’s story and the steps you can take to ensure your loved ones never need to endure a similar situation.

Trusts & Planning For Minor Children

Outside of avoiding probate, trusts are a necessary part of an estate plan whenever you have a minor child. Minors are legally unable to inherit any assets until they reach the age of majority, which can be 18 or 21, depending on the state.

If a minor does inherit assets—as it looks like Atlas may—the court will require a guardian to manage the assets for the child until he or she comes of age. Then, when the minor reaches adulthood, the assets are distributed outright, without any protection from creditors and without direction from you.

To prevent her children from getting outright, unprotected access to their inheritance, Heche could have created a trust and named a person of her choosing as a Trustee to manage Atlas’s inheritance until he comes of age. And even though he’s an adult, Heche could have done the same for Homer’s inheritance.

Lifetime Asset Protection Trusts

If Heche had built a Lifetime Asset Protection Trust into the trusts she set up for her kids, she could have not only transferred her assets to her sons upon her death or incapacity, without the need for any court intervention, she could have also ensured that those assets would transfer with protection from common life events like divorce, debilitating illness, serious accidents, lawsuits, and bankruptcy.

At the same time, the trust would have allowed Anne to establish clear guidelines for the Trustee. This would give Heche the ability to govern how those assets—which likely include the rights to films, books, and other intellectual property—should (and should not be) used to benefit her sons. In this way, Heche could ensure that her artistic legacy is honored, and Homer and Atlas could benefit from her work for generations to come.

Although a Lifetime Asset Protection Trust would have been ideal for Heche, such trusts are not for everyone. But contrary to what you might think, Lifetime Asset Protection Trusts are not just for celebrities or the rich. A Lifetime Asset Protection Trust may be even more useful if you are leaving behind a modest inheritance, because the smaller the inheritance, the more at risk it is of getting wiped out by a single unfortunate event, like a divorce or accident.

However, if your kids are going to quickly spend their inheritance on everyday expenses and consumables, building a Lifetime Asset Protection trust into your estate plan may not make sense. Meet with us, your Personal Family Lawyer® for a Family Wealth Planning Session to determine if a Lifetime Asset Protection Trust, a Living Trust, or some solution is the right choice for you and your family.

Incapacity Planning: The Power Over Life & Death

Beyond the distribution of her assets, Heche’s story also illustrates the critical importance of planning for incapacity. Estate planning is about more than just planning for your eventual death; it’s also about planning for your potential incapacity as a result of accident or illness.

While we don’t know if Heche had an incapacity plan, let’s look at how such a plan would have worked to help her and her family following her accident. After her accident, it’s been reported that Heche was on life support for more than a week , and then removed from life support and allowed to die, without ever regaining consciousness.

What we don’t know is who made the decisions regarding how long Heche was kept on life support, and at what point life support was removed. If she had a Medical Power of Attorney in place, Heche would have chosen the person to make the decisions on her behalf. If she did not have a Medical Power of Attorney, there could have been a conflict between her friends, her children, and other family.

Fortunately, there does not seem to have been any conflict in this case. In fact, it seems that there was clear agreement that Heche wanted to donate her organs, which did occur and likely saved the life of another human as a result. Generally speaking, directives regarding your wishes around decisions, such as organ donation, how long to be kept on life support, what to be fed in the hospital, and who should have access to you if you are hospitalized, are all outlined in a legal document called a Living Will, or Advance Healthcare Directive.

While these legal documents are the foundation of any incapacity plan, your plan may require other tools, such as a Durable Financial Power Of Attorney and a Living Trust. Meet with us, your Personal Family Lawyer® to put in place the tools that are right for your unique situation.

Let Anne's Story Be A Lesson

Celebrities don’t just entertain us, they educate us, too. Regardless of your financial status, planning for your potential incapacity and eventual death is something every adult should take care of immediately, especially if you have children. As we saw with Anne Heche’s tragic, too-soon passing, you never know when tragedy may strike, and with Life & Legacy Planning, you can save your family needless conflict, expense, and even embarrassing, unnecessary public exposure.

Beyond passing your assets to your loved ones when you die, Heche’s story highlights the vital need for incapacity planning to ensure you’ll be properly cared for in the event you suffer a debilitating injury or illness. To this end, if you’ve yet to plan for incapacity, or you have an existing plan that needs review, contact us, your Personal Family Lawyer®and ask about a Family Wealth Planning Session.

Finally, remember that truly effective estate planning can ensure your wealth, assets, and legacy are protected and used to benefit your children, grandchildren, and great-grandchildren in strict accordance with your values. To ensure your estate plan offers your family this level of benefit, schedule a visit with us, your Personal Family Lawyer,® and ask about a Lifetime Asset Protection Trust today.

This article is a service of Shane Jasmine Young, Esq., Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.