St George Estate Planning

Not All Estate Plans are Created Equal

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December 18, 2021 By Larry Brock

In Blended Families, Estate Planning Can have Unintended Issues

Good estate planning must consider more than what you want to happen to your property and for your beneficiaries. It also must consider what you intentionally want to avoid happening.

In blended families in particular, intentional estate planning is imperative to ensuring that property passes to beneficiaries as planned, regardless of which spouse dies first.

Blended families generally can be categorized in one of two ways. First, the long-term blended family, may feel more like a nuclear biological family. In these families, both parents consider all of the children as their own, regardless of biological parenthood.

Most of the time, because of the length of the marriage, children were raised by both parents and stepparents, resulting in a natural familial relationship.

The second blended family is usually one in which the spouses married after their separate children were already adults. While adult children may love and respect their parent’s spouse, the spouse is seen as the parent’s spouse rather than as the child’s parent. This also may occur in long-term marriages in which the child was not raised with the stepparent.

The two types of blended families may have different estate planning goals.

For the long-term blended family, planning must be intentional, but there is less concern about whether the surviving spouse will change beneficiaries upon the death of the first spouse. However, planning still must include stepchildren, in whatever capacity they may be named.

The term “children” should be clearly defined in the last will and testament or Trust if that should include stepchildren.

For the second type of blended family, relationships between spouses and stepchildren may not be as close. Estate planning in these cases must consider the possibility that relationships between stepparents and stepchildren may deteriorate upon the natural parent’s death, especially if all property is left to the surviving spouse.

Even without ill intent, stepchildren may simply lose touch with a surviving step-parent, resulting in the surviving stepparent removing or decreasing that child’s remaining beneficial interest.

Amendable documents can be changed at any time, so long as the Testator has the mental capacity to make the change. The survivor may remarry, naming the new spouse as the beneficiary, or simply remove a child he has no ongoing relationship with. The survivor even unintentionally could cut out stepchildren by adding another person to a joint bank account, effectively creating a different set of beneficiaries.

Blended extended family also must be intentionally considered. Even for a couple who only has children in common, those children may have stepchildren. If the couple intends to include stepgrandchildren as potential beneficiaries, this must be defined clearly within the document.

The best way to ensure property will pass according to the wishes of both spouses is to be willing to have open, objective conversations about family dynamics.

Be realistic about concerns and the possibilities of future changes. If you are concerned about whether your children ultimately will receive property, consider leaving some property to children outright, even if your spouse survives. This often is accomplished by naming children as beneficiaries on retirement or investment accounts.

For jointly held property, consider using a Revocable Living Trust with provisions that would lock up a fractional share of the property upon the first spouse’s death. The property would still be able to be used for the support of the surviving spouse, but the surviving spouse could never change the beneficiaries on the decedent’s share of the trust.

When planning for blended families, consider both the current and possible future dynamics within the family. By crafting intentional planning, spouses can rest assured that property will pass in the way both determined during their life together.

Filed Under: Estate Planning

November 21, 2021 By Larry Brock

The Great Resignation: What It Means for Attorneys

Millions of Americans have walked away from their jobs this year. This mass employment exodus is noticeable, as is evidenced every day by conversations with people and signs outside retail stores and restaurants begging potential employees to work for them.

These deliberate participants in the Great Resignation have reevaluated their lives in the wake of the COVID-19 pandemic. Often, they have come to two conclusions: first, their employer did not value them enough, and second, now is the time to start their dream business.

Attorneys can take advantage of this new wave of entrepreneurship by expanding their practices to offer business law services. These potential new clients will need legal help to realize their business dreams. Read on to learn how the Great Resignation can have a lasting effect on your law practice. 

Reasons for the Great Resignation

A whopping 3 percent of the US workforce quit their jobs in August 2021. That is over 4 million workers, following millions more who left their jobs in each of the previous three months. Workplace expert Anthony Klotz of Texas A&M University identified four reasons why this happened:

  • a backlog of resignations from workers who put their plans to quit in 2020 on hold
  • burnout from the pandemic, ranging from front-line workers to executives
  • personal epiphany, as the pandemic made people realize what was truly important in life
  • newly remote workers decided they would rather quit than return to the office

Klotz, who coined the phrase “Great Resignation” in May, also said some workers have left their jobs because their employers did or did not impose a vaccine mandate.

“What is driving the Great Resignation is fairly straightforward: The pandemic has made many realize their job does not contribute enough (or at all) to their pursuit of happiness and meaning, and they have decided to invest their energy elsewhere—in new jobs, new careers, or in other aspects of their lives,” Klotz told NBC News.

Workers have dropped out of the retail and food-service industries, as well as positions in the tech and finance sectors. The forced time-out from the daily office commute opened some workers’ eyes to new opportunities. Attorney Molly Anderson started her own law practice as a result of her “pandemic epiphany.” 

“All I needed was a computer and a few software solutions and some insurance,” Anderson said in an interview with the Washington Post.

Which Employees Are Resigning?

Some older employees have been reluctant to walk away because they have invested more time in their company and have fewer options in the job market. However, other older workers have realized they are in a much better financial position than they thought. 

The soaring values of their stocks and real estate have allowed them to retire and even delay collecting Social Security until they reach the full retirement age. Stimulus and unemployment checks helped their bottom lines. They realized that by reducing expenses, they could get by; some even saved money by not taking vacations during the pandemic.

In addition to having more resources, staying home from the office gave workers a lot more free time. Hours not spent commuting could be used toward the formation of a new business.

While this employment walkout is a nationwide trend, states where it is most prevalent include Kentucky, Idaho, and Georgia, where more than 4 percent of the workforce has quit. Employees in the thirty to forty-five age group have been the most likely to resign. Working mothers are another significant subcategory, as 1.6 million of them have exited the workplace during the pandemic.

The Great Resignation does not look like it will fizzle out anytime soon. In fact, those who are still working are getting burned out because they are now performing the work of those who left in addition to their own job responsibilities. As a result, those remaining employees are tempted to follow their former co-workers out the door. 

Johnny C. Taylor Jr., the CEO of the Society of Human Resource Management, said the Great Resignation could continue for two or three years. “The employees who remain now say, ‘I’m working too hard, I don’t have balance in my life, etc.’ And so then they want to leave and thus a vicious cycle continues,” he told CNBC. 

The ranks of disgruntled employees also include striking workers in the food, manufacturing, and healthcare industries. Georgetown University history professor Joseph McCartin said this labor strife is similar to what happened after the Great Depression and both world wars.

 “A lot of people sacrificed a lot in the past year—the essential workers, for example—and yet they’re looking at a labor market that they feel still doesn’t reward them as they feel they ought to be rewarded,” said McCartin to NPR.

Starting a New Business

Ecommerce represents the largest category of business growth since the pandemic began. Attorneys should advise their business law clients to be realistic about the high cost of starting a new enterprise.

“Businesses always take twice as long to cash flow [as] people think it will,” said Ted Jenkin, CEO of Oxygen Financial.

While some CEOs like Microsoft’s Satya Nadella think this trend is more of a “Great Reshuffle,” many workers will resist the urge to return to the workplace as boomerang employees and move forward with their plans to start a new business.

“They don’t want employers to be driving all the choices. They want to make choices for themselves,” said human resources consultant Carol Semrad.

Your Next Step to Serving New Business Law Clients

It is hard to miss the “Help Wanted” signs that adorn storefronts. Industries such as retail, healthcare, and hospitality, and nearly every industry in between, are facing challenges in attracting and retaining staff. Business owners’ and budding entrepreneurs’ legal needs include business formation and operational compliance, as well as an understanding of the evolving federal, state, and local COVID-related mandates and relief measures. 

WealthCounsel’s Business Law Summit on December 9 and 10 can help prepare you to serve these potential new clients. On day one, you will learn about practical topics like cyber-age ethics for transactional attorneys and recent trends in limited liability companies and partnerships. You can then put your knowledge into action on day two in a practical application lab. Reserve your spot at the Business Law Summit today.

Filed Under: Uncategorized

October 18, 2021 By Larry Brock

Three-step Process Eases Estate Planning Process

Estate planning is hard. Of course, the documents can be confusing. And the thought of visiting a lawyer’s office is usually less than appealing.

But the real difficulty in estate planning is emotional. Thinking about illness and death, planning for a time when we will no longer be capable or will no longer be on this earth is hard.

Estate planning is emotionally difficult, but it does not have to be overwhelming. By using a simple three-step process, you easily can create the framework for your entire estate plan.

First, start by making three columns on a blank sheet of paper. In the first column, write the word ‘health’ and ‘money’ in the second row. In the second column, next to ‘health,’ jot down the name or one or two individuals to whom you would talk about your health and doctor’s visits, and who would be willing and able to take you to medical appointments. If you are married, this is likely your spouse. For unmarried individuals, this may be an adult child, a sibling or a close friend.

After you have listed the people you feel most comfortable with, use the third column to list one or two alternatives. These will serve as backups for your first choice agent.

Moving to the second row, close your eyes and immediately think of the person you trust the most with money management and organization. If you do not have anyone you feel confident about money management, consider the person you believe who would at least pay bills on time. In the third column, list one or two alternative individuals.

The second step is even easier. Once again, start by outlining a simple chart with three columns. In the first row of the first column, write the word ‘Residuary,’ and in the second row of the first column, write the word ‘Specific.’

Moving to the second column, in the ‘Residuary’ row, list each person to whom you would like to leave a percentage of your total estate — not specific items. If you are married, your spouse may be the only person in this second column. In the third column of the same row, list the people to whom you would like to give property if the first person was unable to receive the property. This may be your children, grandchildren, siblings or even charities.

In the second column of the ‘Specific’ row, list people to whom you would like to leave a piece of personal property — some type of memento. You may know what that item would be, or know only that you would like to leave something to be decided later.

Next to each name, make a checkmark if you would want their children to receive whatever you leave to them, or if the gift should merely lapse if the individual is no longer living at the time of distribution. Leave the third column blank.

You now have completed your list of beneficiaries. Although you will need to return to this list when you do your complete planning, this will provide you with a starting point of who should be included.

Finally, jot down questions and concerns you have about the future. This is a great place to write down concerns about how to pay for future long-term care needs, protecting a disabled child or slowing down distributions to beneficiaries. Your estate planning attorney will structure your estate plan to meet your goals and concerns.

Estate planning always should be intentional. By utilizing a simple three-step planning process at home, you can ensure that your estate plan will be executed smoothly and according to your goals.

Filed Under: Uncategorized

June 26, 2020 By sunrise

Three Estate Planning Myths: True or False

Estate planning lawyers eat, sleep, and breathe estate planning and see pretty much every kind of situation unfold. Individuals who have taken the time to create a substantial estate plan nearly always fare better than those who do not.  Still, there are a whole lot of myths and misunderstandings floating around that stop people from making the choice to protect their futures with an estate planning lawyer’s assistance.

In order to help as many people as possible, it is incredibly important to tackle these myths head-on and to debunk those that aren’t true.

T or F:  Estate plans are just for those with lots of assets.

The answer is false.  So many people end up unknowingly damaging their estates and hurting their heirs because they don’t think they have “enough stuff” to justify an estate plan.  This myth needs to be debunked!  As long as you own something, there will be a legal process to determine what to do with it after you die.  This process (probate) is not only long and drawn out, but it also costs money. That money comes from the estate itself, meaning that those precious few assets you wanted to pass on could end up being sold to pay for probate and taxes.  Fortunately, working with an estate planning lawyer ahead of time allows you the opportunity to protect your assets using whatever tools are appropriate for your situation.

T or F:  You don’t need an estate plan as long as your family knows your wishes.

The answer is false.  There are a couple of problems that estate planning lawyers encounter with this line of thinking.  First, and probably most importantly, is that just because you and/or your family wants things to happen in a certain way, there’s no guarantee they will.  Your loved ones will be forced to follow the state laws even if they don’t match up with your desires. Additionally, everyone experiences grief differently, and though your child or other loved one knows your preferences, he or she may find ways to subvert them for their gain.  The best way to avoid both of these kinds of drama is to work with an estate planning lawyer who knows how to ensure that things go the way you want as a matter of law.

T or F:  Trust funds are for more than passing on money.

The answer is true.  While we may have specific ideas about trust funds as a result of watching too many movies, a whole lot of people aren’t clear on what they can actually do.  For example, your estate planning lawyer can help you set up a trust to limit the taxes your estate (and heirs) will have to pay later.  They also provide you with a big say in how your heirs can use the money—do you want them to have free rein, to pay for an education, or to give the money to charity?  These are just some of the ways trusts are often used.

Even if you don’t have a ton of assets, a skilled estate planning lawyer can help you create a roadmap that will be followed by both the courts and those you’ve left behind.  From avoiding probate and excessive taxes to ensuring that your grandkids go to college, working with an estate planning lawyer in your area is the first step in protecting what you hold dear.

Filed Under: Estate Planning, Values Based Estate Planning Tagged With: Estate Planning, Legacy Estate Planning, Values Based

June 13, 2020 By sunrise

7 Reasons to Update Your Estate Plan

So, you and your estate planning lawyer have put together an excellent plan for you.  Congratulations!  You are ahead of the majority of the population already.  Keep in mind; however, even though you finished the hard part, there is some maintenance that you and your attorney will want to do from time to time.  Your life and circumstances will likely change over the years, and you’ll want your estate plan to adjust accordingly.

Some of the changes that should precipitate a call to your estate planning lawyer are relatively obvious, but you can still overlook them.  After all, who has a baby and then thinks, “I should call my lawyer” in their sleep-deprived state?  For that reason, it’s a good idea to do the occasional mental inventory to see if you’ve undergone any of these life changes since you last updated your estate plan:

  1. You got married. While a spouse does often inherit by default, there are a lot of other considerations to make. As a bonus, your estate planning lawyer will likely have great suggestions on how to adjust your plan to save your spouse on taxes and other time and money concerns when dealing with your estate.
  2. You got divorced. If you don’t want your ex-spouse to receive your property upon your death, make sure the ex’s name is removed as a beneficiary of accounts and policies, taken out of the will, removed from trusts, etc. Contact your lawyer to make sure you don’t forget anything and to help make the process easier.
  3. You’ve been widowed. When one spouse passes away, the other will need to update his or her estate plan to reflect that change. Not only will your beneficiaries likely change, but you may also have an inheritance from your spouse that now needs to be incorporated into your estate plan.
  4. You had a child or grandchild. The birth or adoption of a new family member means that aspects of your estate plan may need to be changed to accommodate new needs. For example, you may want to create a college fund or set up a trust. Also, it’s crucial to have your estate planning lawyer draw up legal guardianship papers to determine who will care for your child should you be unable to do so yourself.
  5. Your financial situation has changed. Whether you’ve received some sort of windfall, gotten a significant increase in pay, or have lost your job, it is vital to review your estate plan to determine if it provides for these changes. If not, you’ll need your lawyer to adjust it appropriately.
  6. You’ve purchased real estate. A home often represents an individual’s most significant life investment, and you want to be sure to cover it in your estate plan. From how to pay it off to whom you want to leave it to and plenty in between, an estate planning lawyer will help incorporate this big change into your existing plan.
  7. You started (or ended) a business. Starting or ending a business warrants a trip to the estate planning lawyer’s office for plenty of reasons, not the least of which is that it will undoubtedly have some sort of effect on your financial situation. Succession planning is another significant aspect of running a business, as you’ll want to clearly outline what is to happen to the biz if you die or become otherwise incapacitated. A little legal stuff now will save big headaches later.

There are, of course, other events that should likely trigger a call or visit to your estate planning lawyer, but these seven are some of the biggest.  Fortunately, with the major estate planning done, these types of updates will typically be relatively easy while benefitting you and your heirs greatly.

Filed Under: Estate Planning, Guardianship, Values Based Estate Planning Tagged With: Estate Planning, Guardianship, Update, Values Based

June 10, 2020 By sunrise

FIVE COMMON ESTATE PLANNING MISTAKES TO AVOID

From time to time, it’s good to review why having a complete, up-to-date estate plan is so important. In addition to confirming our own actions, it can provide us with valuable information to pass along to friends and family who, for whatever reason, have yet to act. So, here are five common estate planning mistakes to avoid.

  1. Not having a plan. Every state has laws for distributing the property of someone who dies without an estate plan—but not very many people would be pleased with the results. State laws vary, but generally, they leave a percentage of the deceased’s assets to family members. (Nonfamily members, like an unmarried partner, will not receive any assets.) It is common for the surviving spouse and children to each receive a share, which often means the surviving spouse will not have enough money to live on. If the children are minors, the court will control their inheritances until they reach legal age (usually 18), at which time they will receive the full amount. (Most parents prefer their children inherit later when they are more mature.)
  2. Not naming a guardian for minor children. A guardian for minor children can only be named through a will. If the parents have not done this, and both die before the children reach legal age, the court will have to name someone to raise them without knowing whom the parents would have chosen.
  3. Relying on joint ownership. Many older people add an adult child to the title of their assets (especially their home), often to avoid probate. But this can create all kinds of problems. When you add a co-owner, you lose control. Jointly-owned assets are now exposed to the co-owner’s creditors, divorce proceedings, and possible misuse of the assets, and the co-owner must agree to all business transactions. There could be gift and/or income tax issues. And if you have more than one child but only name one to be co-owner with you, fluctuating values could cause your children to receive unbalanced/unintended inheritances.
  4. Not planning for incapacity. If someone cannot conduct business due to mental or physical incapacity, only a court appointee can sign for this person—even if a valid will exists. (A will only goes into effect after death.) The court usually stays involved until the person recovers or dies and the court, not the family, will control how their assets are used to provide for their care. The process is public and can become expensive, embarrassing, time-consuming, and difficult to end. Giving someone power of attorney as a way to avoid the court process can be risky because that person can do anything they want with your assets with no real restrictions. For this reason, a living trust is often preferred for incapacity planning. With a trust, the person(s) you choose to act for you can do so without court interference, yet they are held to a higher standard as a trustee; if they misuse their power, they can be held accountable. Someone also needs to be given the power to make health care decisions for you (including life and death decisions) if you are unable to make them for yourself. Without a designated health care agent, you could be kept alive by artificial means for an indefinite period of time. (Remember Terri Schiavo? Terri’s story and information about the Terri Schiavo Foundation can be found at http://www.terrisfight.org/, ) The exorbitant costs of long term care, most of which are not covered by health insurance or Medicare, must also be part of incapacity planning. Consider long term care insurance to protect your assets.
  5. Not keeping your plan up to date. Every estate plan is based on the personal, family and financial situations, and tax laws, in effect at the time it was created. All of these will change over time, and your plan needs to change with them. It’s a good idea to review your plan every couple of years or so and make sure it still does what you want it to do. Your attorney will let you know when a tax law change might affect your plan, but you need to let your attorney know about other changes that could affect it.

*Article taken from the Advisors Forum website, http://advisorsforum.com

Filed Under: Estate Planning Tagged With: Estate Planning, Mistakes, Prevention

June 8, 2020 By sunrise

ESTATE PLANNING AFTER DIVORCE

One area that is often overlooked in the divorce process is the need to update estate planning. Most people would agree that their ex-spouse is the last person they want to inherit their assets when they die—or to have that person make life and death decisions for them. But that is exactly what can happen – and often does – when these documents are not updated.

Beneficiary Designations

Assets that have beneficiary designations (e.g., life insurance policies, employer retirement plans, IRAs, annuities, health savings accounts, investment accounts, and some bank accounts) are not controlled by a will or trust. Instead, they will be paid directly to the person listed as beneficiary (unless that person is deceased, is a minor, or is incapacitated when the insured dies). Because most married people name their spouse as the beneficiary, these should be changed right away.

However, naming the right beneficiary is critical. This is especially true for tax-deferred plans because of possible estate and income tax issues and the potential for long-term tax-deferred growth. Be sure to seek expert assistance before naming a beneficiary on these accounts.

Children and Other Beneficiaries

If you name children as beneficiaries and they are minors when you die, a court guardianship must be established for them until they become age 18—at which time they will receive the entire inheritance. Until then, the other parent (your ex-spouse) could be named by the court to manage the funds. Naming another individual (for example, your parent or sibling) as the beneficiary with the understanding they will use the money to care for your children until they are older is also risky. You have no guarantee they will follow your instructions, they may be tempted to use the money for their own needs, and the money would be exposed to their creditors.

Naming a trust as the beneficiary instead and selecting your own trustee (which may still be your parent or sibling) is a much better choice. A trustee can be held liable if he/she misuses the trust assets. An ex-spouse can be prevented from having access to the money, and you can control when your children will inherit. Money that stays in the trust is protected from irresponsible spending, creditors, and even spouses. For all these reasons, a trust is an excellent choice as a beneficiary instead of an individual, regardless of his/her age.

Your Will and/or Living Trust

If you do not update your will or trust, your ex-spouse may inherit your assets. And if he/she remarries, the new spouse and his/her children could inherit your assets, leaving your children and family with nothing. If you provide support to your parents or others, be sure to include them in your estate plan.

If you have minor children, you need to name a guardian for them in your will. (Even if you have a living trust, a simple will is required to name a guardian and to direct any forgotten assets into your trust.) Upon the death of one parent, usually, the surviving parent will become the sole guardian. But if your ex-spouse has also died, had his/her parental rights terminated, or becomes an unfit parent, the court would have to appoint a guardian and would appreciate knowing your choice.

Powers of Attorney

Most married couples give each other the power to make health care decisions, including those regarding life and death. Financial powers are also usually given to each other so that one can manage the other’s financial affairs without interruption. These are often quite broad, including the ability to buy and sell real estate, open and close financial accounts, change beneficiary designations, collect government benefits, etc. Instead of your ex-spouse, you can name a parent, sibling, close friend, or adult child to have these powers and act for you when you cannot.

You Need Professional Guidance and Assistance

You probably need an experienced attorney more now to help you with updating your estate plan than you did when you were married. Don’t procrastinate on this. Make sure you protect yourself, your children, and others who depend on you.

*Article taken from the Advisors Forum website, http://advisorsforum.com

Filed Under: Estate Planning Tagged With: Divorce, Estate Planning, Protection

February 19, 2019 By Larry Brock

Some Differences Between Estate Planning and Asset Protection in St. George

Estate Planning lawyers in St. George are most often considered by folks who are wanting to put their end-of-life affairs in order. The lawyer helps them draw up important documents such as Powers of Attorney and medical directives. They also develop a helpful plan for how to distribute an individual’s property upon his or her death. Wills, Trusts, Executors…these are all typical topics that a St. George Estate Planning lawyer will discuss with clients.

There is also a need to protect one’s assets during his or her lifetime. Not only is this important to the quality of life, but it also helps ensure that there is property to leave behind. Asset protection is about choosing the best strategies to minimize the potential negative consequences of liability. That includes protection from claims made against an individual, as well as claims against your assets. The former would include things such as property damage or physical harm to another that was caused by you. The latter would have to do with damage caused by something you own, such as a business or property.

Commonly, a claim made against an individual or their property can lead to almost everything that person owns being at risk. For example, a judgment against you in a court of law can give creditors the ability to go after your assets in order to be compensated for damages. If someone slips and falls in your restaurant, as the owner, you could lose your home.

Estate Planning focuses heavily on Wills and Trusts to distribute assets after death. However, there are advantages to utilizing these tools during an individual’s lifetime. A trust can be especially helpful in keeping a person’s assets out of harm’s way, which is why working with a St. George estate planning lawyers is such an important part of a solid asset protection strategy.

Using a trust for asset protection doesn’t come without its limitations, though.

  1. In order to shield the assets from creditors, an estate planning lawyer will likely include a “spendthrift provision” in your documents. However, a Revocable Living Trust cannot have a spendthrift provision added.
  2. The trust must be for the benefit of the beneficiaries, rather than the person setting it up.
  3. Beneficiaries cannot be involved in the management of the trust and cannot make any changes to its terms.

There are other advantages and limitations to using a trust for asset protection during life, and a good St. George Estate Planning lawyer will work with clients to determine a useful strategy based on individual needs.

Filed Under: Estate Planning Tagged With: Asset Protection, Estate Planning

October 6, 2017 By sunrise

How an Estate Planning Attorney Can Help Protect Your Assets

There’s a constant drive in our society to continually acquire assets.  After all, that’s one of the ways we accumulate wealth. We then ask an Estate Planning Attorney to help us pass on. However, simply gathering more and more assets isn’t always the best approach to building wealth. Those assets also need protection.  A good Estate Planning Attorney will want to go over ways to protect your assets. Some of those ways can include:

  1. Estate Planning. Your Estate Planning Attorney will help put together a long-term plan that provides for your loved ones. Most people, however, don’t necessarily understand all the tax implications that go along with various aspects of Estate Planning.  For example, certain Trusts can help your heirs avoid some taxes, meaning the amount you leave them will be larger. Some Trusts can shield your assets from the risks of life (for you and your heirs), including lawsuits, divorce, and bankruptcy. These are a few ideas to discuss with an Estate Planning Attorney.  The difference a Trust can make will amaze you.
  2. Insurance. There are several types of insurance on the market. The types that will benefit you the most differ from those designed for large groups of anonymous faces. It is important to note that, when it comes to protecting your assets, having insurance provides a way to pay for the unexpected without depleting your own financial resources. Yes, it costs up front, but it usually works out to be much less than not having insurance when you need it.
  3. Business Structure. You may not consider the structure of your business as a means of protecting it but it can be. In fact, the right business structure will protect more than just the business. For example, if a sole proprietor gets sued for a faulty product or workplace injury his or her personal assets can be used to pay for damages. Operating under a Limited Liability Corporation (LLC), on the other hand, can separate your business and personal assets so that one is not affected by the other.

These are just a couple of the ways that Estate Planning Attorneys protect their clients’ assets. Of course, every situation is different and has its own needs. Your attorney should be willing to look at your situation from every angle to advise you on the best route to take.

Filed Under: Estate Planning, Values Based Estate Planning Tagged With: Estate Planning, Values Based

October 2, 2017 By sunrise

5 Ridiculous Myths About Estate Planning

When it comes to Estate Planning, there are 5 ridiculous myths that could cause your plan to absolutely crumble and fall apart when your family needs it the most.

I’m talking about lengthy and expensive court battles, dishonored wishes, unnecessary government intrusion, taxes, and costs—all because of a few dangerous myths and mistakes that can cause your plan to fail in an emergency.

Well no more, as it’s time to debunk these myths and learn the truth about protecting your family and assets once and for all.

To make sure your plan works exactly how you want if the unthinkable happens, it’s important to get familiar with the top 5 Estate Planning myths and learn how to fix any mistakes that may be lurking in your documents.

Once armed with this knowledge, you can feel confident knowing that the documents you’ve spent so much time, money, and emotion on will actually work if the unthinkable happens.

Myth # 1:  Estate Planning is Something You Do Once and Never Have to Worry About Again

This myth is the number one reason why even the most expensive Estate Plans can fail after a person’s death or during the crises of life.

Estate Planning is not something you “do” once and never look at again. For your documents to remain valid and effective, they need to stay updated as your life and the law changes through the years.

For example, if you forget to update your Will, Trust, or beneficiary designations following a divorce, there is a good chance that your ex could still inherit a portion of your Estate.  Forgetting to update your documents following the birth of a child may lead to his or her accidental disinheritance under your current plan.  If your chosen Power of Attorney moves 5 states away and you forget to pick someone new then all your previous planning can work against you instead of for you.

It doesn’t matter how good your lawyer was or how fancy your plan.  If you don’t keep your wishes, financial and family status updated, your documents simply won’t work the way you intended them to when tragedy strikes.

Myth #2: Estate Planning Is Only for The Elderly or Super-Rich

Many people falsely believe that Estate Planning is only for the elderly or the super-rich.   They feel that unless they have a ton of assets, Estate Planning is not necessary and their family can just duke it out for their stuff when they die.

Estate Planning is not just about who gets your “stuff” when you pass. Nor is it just a tool for the rich use to minimize tax liabilities.  Estate Planning is about making things as easy as possible for your loved ones if something unexpectedly happens to you.

It’s my personal belief that every adult needs an Estate Plan… some are just more complicated than others.

If you truly don’t have any assets, you still at the very least need a Power of Attorney, Living Will, HIPAA and Advance Health Care Directive to ensure your healthcare wishes are known and someone is legally able to make medical or financial decisions for you in an emergency.

If you have minor kids, Estate Planning is also necessary to ensure that your children are raised by the people you want if something happens to you.

For those in a non-traditional relationship, Estate Planning preserves your loved one’s rights to inherit your things or get involved in a medical crisis.   In a blended family situation, Estate Planning helps to prevent family drama and keeps the lines very clear as to who gets what if something happens to you (this is especially important if you have children from a previous marriage and you are now concerned about your Estate going 100% to your new spouse).

It’s not always about money.  For a large majority of people, Estate Planning is just about making things as simple and cost-effective for your loved ones during the transitions and crises of life.

Myth #3:  Having a Trust Guarantees Your Family Will Stay Out of Probate Court

Having a trust only guarantees that your family will stay out of probate court if you do it right.

By this I mean your assets need to be properly titled in the name of the trust for them to be protected by the trust.   This is called “funding” and it’s something that you need to stay on top of as you acquire new assets through the years.

Otherwise, any assets that are not properly owned by your trust at the time of your death will have to go through the probate court.

This is something that catches many families off guard following the passing of their loved one.  Incomplete or inadequate funding of a trust can make it as though you had no trust at all at the end of your life.  Your family will be subject to the expenses and delays of the probate court, while your wishes may go ignored upon your passing.

Don’t take the chance of having your trust fail when your family needs it the most.  Take the time to make sure all your assets have been properly transferred from your name into the name of the trust.

Myth # 4: Social Services Will NEVER Take Custody of Your Kids if You Have Guardians Named

Many parents properly name long-term guardians for their kids and believe that because of it, their children will never spend a day in social service’s care should they suddenly pass away.

While for the most part, this is true, there are still some (yet, avoidable) instances where social services may be forced to take temporary custody of your kids.

For instance, if your legal guardians live in another state or are not immediately available to care for your children following your passing (ie. they are traveling on business, in the hospital, unable to be reached) the authorities may have no choice but to place your children with social services until their legal guardians can arrive.

The only way to avoid this is by having short-term guardians named too. They are then authorized to legally care for your kids until their long-term guardians can arrive.

If you haven’t named short-term guardians for your minor kids, don’t wait one more day to do so. Talk to your attorney and ask to make this important update so your minor kids never spend one second in the care of the state.

Myth #5:  You Don’t Need to Tell Anyone About Your Estate Plan—It’s Better to Keep These Things Private

Ever see a movie where a family is going crazy trying to find a copy of their loved ones will after they pass?

Believe it or not, these situations happen all the time because people are afraid to talk to their loved ones about their end-of-life wishes or any Estate Planning they have in place.

However, if you don’t let your family know what documents you have and where to find them, they may be forced to spend a ton of unnecessary time and money working with lawyers to sort out your Estate.

Not to mention, they won’t know your true wishes or how to best carry them out if something happens to you. 

This could range from not knowing your preference about things such as life support, feeding tubes or other medical interventions in a serious emergency to not knowing the type of independent living facility or nursing home you would want if it ever became clear that you needed long-term care.

To avoid this type of confusion about your wishes and the plans you have in place, take the time to have open, direct and honest communication with your loved ones.  Talk to your family in advance about your documents, choices, and wishes, so there is no chaos, fighting or misunderstanding if the unthinkable happens.

I’ve Bought into The Myths—Now What?!

If you’ve bought into any of the Estate Planning myths we just talked about, I promise you are in good company.  Most people have bought into at least one myth about Estate Planning, which probably explains why so many plans fail each year.

The good news is that if you are still alive, well and of sound mind, there’s still time to fix any mistakes regarding your planning.

Perhaps for you, that means amending your documents to bring them up to date or to simply include some of the strategies we talked about above.

Or, maybe for you it means creating a plan from scratch, as you falsely believed Estate Planning was not applicable in your personal or financial situation.

Whatever your “to do” item may be, I encourage you to get it taken care of quickly while there is still time to make your planning right.   Accidents, illness, and death can happen without warning, so don’t put off any planning that you may need.

If you would like to make an appointment with the attorney to talk about a unique plan right for you please call 435.688.9117 or fill out the form on our Complimentary Strategy Session page.

Filed Under: Estate Planning, Values Based Estate Planning Tagged With: Estate Planning, Values Based

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St George Estate Planning
E. Lawrence Brock, Attorney & Counselor

Address: 193 S 100 East, St George, UT 84770
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