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The Complete Parent LifeStyle



Estate Planning Blog of family trust lawyer Stuart Williams and Family Wills & Trusts, PLC





Get the latest in Wealth, Health and Happiness planning for your family here.



Beyond the FDIC Safety Net: Protecting Your Cash When Your Savings Exceed Insurance Limits



Your life savings may exceed FDIC insurance limits, leaving portions of your hard-earned money unprotected if your bank fails. Learn strategic approaches to safeguard your entire financial legacy and ensure the maximum protection for your deposits. Read more…


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Til Death Do Us Part? Why Unmarried Couples Must Have An Estate Plan That Works For the People They Love



Without marriage's legal protections, unmarried couples face unique estate planning challenges that could leave partners vulnerable and children at risk. Learn how to protect your loved ones and assets with proper planning. Read more…


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Trusts & Homeowner’s Insurance: What You Need to Know So You Don’t Get a Claim Denied In the Future



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. Read more...


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National Unclaimed Property Day: Why Estate Planning is More Than Just Documents



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. Read more...


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From Preparation to Recovery: When Disaster Strikes



When disaster strikes, every second counts. Learn how preparation and estate planning can give you peace of mind and a clear path to recovery. Read more...


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4 Estate Planning Myths That Put Your Loved Ones at Risk



Recent surveys reveal a troubling trend: only 32% of Americans have a will, down 6% from 2023. This decline points to four dangerous myths about estate planning that could put your loved ones at risk. Read more…


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Five Essential Steps to Protect Your Loved Ones in 2025



Make 2025 the year you finally tackle estate planning and protect your loved ones’ future. Learn the five essential steps you can take right now to ensure they are cared for, and your legacy is preserved. Read more…


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Estate Planning Meets FAFSA: Smart Strategies for Asset Ownership



The 2025-26 FAFSA introduces sweeping changes that revolutionize how families apply for college financial aid. While these updates streamline the application process, they also create new considerations for estate planning. Read more…


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Year-End Options for Giving to Charity



Estate planning can seem overwhelming, but understanding a few key concepts can make a world of difference for your family's future. Read more…


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Common Estate Planning Questions Part 2 of 2



Estate planning can seem overwhelming, but understanding a few key concepts can make a world of difference for your family's future. Read more…


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Common Estate Planning Questions Part 1 of 2 - On How to Handle Your Assets



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. But how should you go about this? Read more…


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Estate Planning in Times of Change: Part 2 of 2



Families with unique circumstances require special attention in estate planning, particularly in times of legal uncertainty. Understanding how to protect LGBTQIA+ families and those with children who have special needs is crucial for their long-term security. Read more…


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Estate Planning in Times of Change: Part 1 of 2



With a new presidential administration onboarding in just a few weeks, significant changes coming to estate tax exemptions, and interest rates in flux, you may be wondering how to protect your assets in the face of uncertainty. Read more..


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Beyond the Turkey: How Thanksgiving Can Inspire Your Family Legacy Planning



While passing down family recipes and gathering around the Thanksgiving table are cherished traditions, these moments also present a perfect opportunity to discuss, preserve, and protect your family's broader legacy. Here’s how. Read more…


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The Hidden Truth About Settling a Loved One’s Estate



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. Learn what's really involved in administering someone's estate and how proper planning can save your loved ones from unnecessary stress and conflict. Read more...


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Veterans: Your Legacy is Worth Protecting



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. Read more…


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Shelley Duvall and What We Can All Learn From Her Death



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.


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Common Estate Planning Myths Debunked



October 21-27 is National Estate Planning Awareness Week, which means it's time to shed light on this often misunderstood and frequently avoided topic. Read more…


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A Comprehensive Guide to Disaster Preparedness



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. Read more…


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Navigating End-of-Life Care: Lessons from a Daughter's Tragic Experience



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. Read more…


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A Power of Attorney May Not Be What You Think



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? Read more…


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Preventing Family Feuds Over Your Personal Belongings



The passing of a loved one is heartbreaking, 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. Read more…


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Matthew Perry's Estate Plan Demonstrates the Benefits of Trusts



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? Read more…


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What do lasagna and Estate planning have in common



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. Read more…


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3 Questions to Ask Yourself Before Creating Your Estate Plan With AI



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. Read more…


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Labor day Reflections and Your legacy



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. Read more…


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How beneficiary disignations put your family at risk



Many financial advisors, accountants, and even other lawyers will tell you that you don’t need an estate plan and that naming beneficiaries on your accounts is enough. But they’re not telling you about the risks you may unknowingly take with your family's financial future. Read more…


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Would $23,00 make a difference to you



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. Read more…


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Celebrity estate plans series part 2of 4: vanilla ice thoughts



Since we love a good celebrity story, this July we’re looking at the lives of 4 celebrities and how they’re preparing for the inevitable (or didn’t!). In this second article of our 4-part celebrity estate planning series, Vanilla Ice chimes in with his estate planning experience, advice, and lessons learned. Let’s just say he has…thoughts. Read more…


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Celebrity estate plans series part 1 of 4: Michael jackson



For whatever reason, we just can’t resist a good, juicy celebrity story. So for the next few weeks, we’re going to look at the lives of 4 celebrities and how they prepared for the inevitable (or didn’t!). This week we're turning the spotlight on the King of Pop himself, Michael Jackson. Read more…


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Father knows best: Avoiding common estate planning pitfalls



As a father, you've always strived to provide the best for your family, ensuring their well-being and securing their future. However, even the most well-intentioned plans can fail if you overlook the complexities of estate planning.


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They’re Not Kids Anymore! Navigating Your Child’s Transition Into Adulthood



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 you can still step in and help them if you and your child plan ahead.


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Want to Show Your Partner How Much You Love Them? Put Them In Your Will



Explore why adding your partner to your Will and estate plan isn’t just a romantic gesture but the ultimate act of love.


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Estate planning: a gift of peace and power for every mother



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. That’s the best gift a mom can get.


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Naming Godparents does not create legal guardians



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. In this blog, we’ll explain the roles of a godparent and legal guardian and how to ensure your kids are always cared for by the people you choose - no matter what.


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How to Keep Seniors Safe This Fall



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. Keep reading to find out how.


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How to Talk Money With Your Family Over The Holidays



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. Otherwise, it could end in a big unresolved mess. Asking your relatives how they want their money and belongings 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 these tips.


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From 'I Do' to 'What If': Estate Planning Must-Do's for Newlyweds - Part 1



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.


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From 'I Do' to 'What If': Estate Planning Must-Do's for Newlyweds - Part 2



We started to explore the key estate planning components every newlywed couple needs to protect their rights, wishes, and plans now and in the future. We’re continuing the conversation with three more estate planning must-do’s for newlyweds.


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Include Your Intellectual Property 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.


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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, read more below.


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How Estate Planning Can Bring Blended Families Closer



If you have or are part of a blended family, it’s important to understand how estate planning could be exactly what you need to keep your family out of conflict and in love, both during life, in the event of incapacity, and when one or more of the senior generation dies.


Let’s begin with understanding where potential conflicts could arise when you have a blended family.


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4 Essential Strategies For Protecting Your Family's Assets



You might think that only the super wealthy need to worry about asset protection planning. But the truth is that if you don’t have millions, you may be at even greater risk. For instance, if you are a multi-millionaire, a $50,000 judgment against you might not be that big of a deal. But for a family with a modest income, savings, and home, it could be devastating.


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Don’t Send Your Kids Back to School Without These Documents



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. Legal guardians are the individuals you entrust with the care of your children if, for any reason, you are unable to do so yourself.


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.


Click the blue button below to read on.


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One of The Greatest Gifts To Your Family Is The Plan For Incapacity



When it comes to estate planning, most people automatically think about taking legal steps to ensure the right people inherit their stuff when they die. Although that thought is not wrong, it also leaves out a very important piece of planning for life, and perhaps the most critical part of planning.


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5 Ways DIY Estate Plans Can Fail & Leave Your Family At Risk—Part 1



Do a Google search for “digital wills” or “online estate planning,” and you’ll find dozens of different websites offering low-cost, do-it-yourself (DIY) and sometimes even free estate planning documents, such as wills, trusts, powers of attorney, and healthcare directives.


From LegalZoom® and Rocket Lawyer® to TrustandWill.com and FreeWill.com, these DIY legal documents may seem like a cheap and easy way to finally cross estate planning off your to-do list—and do so without having to pay a lawyer big bucks to assist you. After all, you’ve been able to prepare and file your taxes online for years, is estate planning really that much different? And aren’t lawyers using the very same forms you find on these DIY document websites?


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5 Ways DIY Estate Plans Can Fail & Leave Your Family At Risk—Part 2



In part one of this series, we covered the first two ways DIY estate plans can fail, and here, we’ll cover the remaining three.


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3 Simple Mistakes That Can Derail Your Estate Plan



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.


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5 Reasons Why Shopping For The Cheapest Estate Plan Could Leave Your Family With An Unintended Mess



In most cases, from the most sophisticated business people with the highest net worth to those just starting in the workforce and on their path to adulthood, you very likely do not know how to evaluate estimates when shopping for an estate plan.


Shopping for an estate plan based on getting the lowest cost plan possible is often the fastest path to leaving your family with an empty set of documents (maybe in a beautiful binder, but not worth the paper they are written on) that won’t work for your family when they need it.


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10 Life Events That Signal It’s Time to Review Your Estate Plan - Part 1



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.


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10 Life Events That Signal It’s Time to Review Your Estate Plan - Part 2



We started to explore 10 life changes that might affect your estate plan [above]. We’re coving five more life events that mean it’s time to review your plan. Click the button below to read more.


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Create a Stronger Blended Family Through Estate Planning



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.


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Estate Planning Before You Travel: Why It's Critically Important



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.


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If You’ve Been Asked To Serve As Trustee, Here’s What You Should Know



If a family member or friend has asked you to serve as trustee for their trust either during their life, or upon their death, it’s a big honor—this means they consider you among the most honest, reliable, and responsible people they know.


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How To Pass On Family Heirlooms & Keepsakes Without Causing A Family Feud



When creating an estate plan, people are often most concerned with passing on the “big things” like real estate, bank accounts, and vehicles. Yet these possessions very often aren’t the items that have the most meaning for the loved ones we leave behind.


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Estate Planning For A Child With Special Needs: What Parents Need To Know



Estate planning is an obvious concern for all parents, but if you have a child with special needs, it’s crucial that you are aware of the unique considerations that go into planning for a child who may be dependent on you at some level for their lifetime. If your child has special needs, you must understand exactly what’s necessary to provide for the emotional, physical, and financial needs of your child, in the event of your own eventual death or potential incapacity.


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What You Need to Know About Collecting Life Insurance Proceeds



If you're looking to collect life insurance proceeds as the policy’s beneficiary, the process is fairly simple. However, during the emotional period immediately following a loved one’s death, it can feel as if your entire world is falling apart, so it’s helpful to understand exactly what steps you need to take to access the insurance funds as quickly and easily as possible.


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10 Common Estate Planning Mistakes Your Family Can’t Afford to Make—Part 1



Estate planning involves actively thinking about and planning for frightening topics like death, old age, and crippling disability, many people put it off or simply ignore it all together until it’s too late. Sadly, this unwillingness to face reality often creates serious hardship, expense, and trauma for those loved ones you leave behind.


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10 Common Estate Planning Mistakes Your Family Can’t Afford to Make—Part 2



Estate planning is definitely not a one-size-fits-all endeavor. Even if you think your particular situation is simple, that turns out to almost never be the case. To demonstrate just how complicated estate planning can be, in part one, we highlighted the first five of 10 of the most common estate-planning mistakes, and here we wrap up the list with the remaining five mistakes.


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What Your Last Will & Testament Will (And Will Not) Do—Part 1



While having a will is important—and all adults over age 18 should have this document in place—for all but a few people, creating a will is just one small part of an effective estate plan that works to keep your loved ones out of court and out of conflict. With this in mind, here we look at exactly what having a will in place will—and will not—do for you and your loved ones in terms of estate planning.


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What Your Last Will & Testament Will (And Will Not) Do—Part 2



In part one, we looked at the different things having a will in place allows you to do. Here, in part two, we detail all of the things that your will does not do, along with identifying the specific estate planning tools and strategies that you should have in place to make up for the potential blind spots that exist in an estate plan that consists of only a will.


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6 things you should not include in your will



A will is one of the most basic estate planning tools. While relying solely on a will is rarely a suitable option for most people, just about every estate plan includes this key document in one form or another.


A will is used to designate how you want your assets distributed to your surviving loved ones upon your death. If you die without a will, state law governs how your assets are distributed, which may or may not be in line with your wishes.


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will your estate plan actually work when your family needs it?



If you’re like most people, you likely think estate planning is just one more task to check off of your life’s endless “to-do” list. You may shop around and find a lawyer to create planning documents for you, or you might try creating your own DIY plan using online documents.


Then, you’ll put those documents into a drawer, mentally check estate planning off your to-do list, and forget about them. The problem is, estate planning is not a one-and-done type of deal. In fact, we recommend a review of your plan at least every third year, due to possible changes in your life, your assets and even our laws.


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6 Ways The American Rescue Plan Can Boost Your Family’s Finances - Part 1



Signed into law on March 11th, President Biden’s $1.9 trillion American Rescue Plan Act of 2021 (ARP) is the largest direct-to-taxpayer stimulus legislation ever passed, and it came just in time to save millions of Americans whose unemployment benefits were about to expire. In addition to extending unemployment relief, the ARP provides individual taxpayers and small business owners with a number of other vital financial benefits aimed at helping the country rebound from last year’s economic downturn.


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6 Ways The American Rescue Plan Can Boost Your Family’s Finances - Part 2



To highlight the ways the ARP can impact your family’s bank account, in part one of this series, we outlined three of the legislation’s most important elements. Here in part two, we’ll break down three additional parts of the law that stand to boost your family’s finances.


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Estate Planning Must-Haves For Single Parents



Being a single parent is a huge responsibility, even if you do share time with a parenting partner, and especially so if you don’t. Regardless, as a single parent, your children’s lives are now largely in your hands. So what would happen to them if something happened to you? Who would take care of them? Who would pay for their housing and food? Who would pay for their education? These are questions you need to get answered, and the best way to do that is through estate planning.


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3 VITAL ESTATE PLANNING DOCUMENTS FOR HIGH SCHOOL GRADUATES



With the arrival of summer, young people across the country are about to reach a key milestone: high school graduation. If you have a child claiming their diploma, now is the time to prepare them for life after leaving the nest.


Graduating high school is a significant accomplishment. However, it comes with serious responsibilities that your child probably isn't thinking much about right now. Once your child turns 18, they become a legal adult, and specific areas of their lives that were once under your control will be solely their responsibility.


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3 Critical Considerations For How To Save For Your Child’s (or Grandchild's) College Education—Part 1



If you have started to save for your child or grandchild’s college education, it’s worth considering whether to use a 529 plan, an education savings account, or an Irrevocable Trust.


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3 Critical Considerations For How To Save For Your Child’s (or Grandchild's) College Education—Part 2



In part one of this series, we discussed 529 plans and education savings accounts, which are both popular options for saving for college education. One of the main reasons for their popularity is their tax-saving advantages. The money you contribute to a 529 account grows on a tax-deferred basis, and withdrawals are tax-free, provided they are used for qualified education expenses, such as tuition, room and board, and other education-related fees.


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PROBATE WHAT IT IS AND HOW TO AVOID IT—PART 2



To spare your loved one’s the time, cost, and stress inherent to probate, in part one of this series, we explained how the probate process works and what it would entail for your loved ones. Here in part two, we’ll discuss the major drawbacks of probate for your family, and outline the different ways you can help them avoid probate with wise planning.


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Probate What It Is and How To Avoid It—Part 1



Unless you’ve created a proper estate plan, when you die many of your assets must first pass through the court process known as probate before those assets can be distributed to your heirs. Like most court proceedings, probate can be time-consuming, costly, and open to the public, and because of this, avoiding probate—and keeping your family out of court—is a central goal of most estate plans.


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10 Things You Should Know About Living Wills



When it comes to estate planning, you’ve most likely heard people mention a couple of different types of wills. The most common is a “last will and testament,” which is also known simply as a “will.”


But you may have also heard people talk about what’s called a “living will.” Both terms describe important legal documents used in estate planning, but their purpose and the way in which they work is very different. Here we are going to discuss some of the most critical things you should know about living wills, and explain why having one is an essential part of every adult’s estate plan and how to get yours created or updated.


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Preventing Family Conflict And Disputes Over Your Estate Plan



No matter how well you think you know your loved ones, it’s impossible to predict exactly how they’ll behave when you die or if you become incapacitated. No one wants to believe that their family members would ever end up fighting one another in court over inheritance issues or a loved one’s life-saving medical treatment, but the fact is, we see it all the time.


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Think You Are Too Young to Need An Estate Plan? Think Again



All adults over age 18 should have some basic estate planning documents in place. And this is true regardless of how much money you have, whether you are married or single, and whether or not you have kids. On that note, if you are an adult of any age and the pandemic didn’t inspire you to create your estate plan, here are four reasons why you shouldn’t wait another day to get your plan started.


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Why Putting Your Family Home In A Trust Is A Smart Move—Part 1



If you are like many homeowners, your home is likely your family’s most valuable and treasured asset. In light of this, you want to plan wisely to ensure your home will pass to your heirs in the most efficient and safe manner possible when you die or in the event you become incapacitated by illness or injury.


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Why Putting Your Family Home In A Trust Is A Smart Move—Part 2



In part one, we explained how revocable living trusts and irrevocable trusts work, and we discussed the process of transferring the legal title of your home into a trust to ensure it’s properly funded. Here in part two, we will outline the key advantages of using a trust to pass your home to your loved ones compared to other estate planning strategies.


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The Real Cost To Your Family: Not Planning For Incapacity



Incapacity can be a temporary event from which you eventually recover, or it can be the start of a long and costly event that ultimately ends in your death. Indeed, incapacity can drag out over many years, leaving you and your family in an agonizing limbo. This uncertainty is what makes incapacity planning so incredibly important.


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2021 Estate Planning Checkup: Is Your Estate Plan Up to Date?



Even if you put a totally solid estate plan in place, it can turn out to be worthless for the people you love if it’s not regularly updated.


Estate planning is not a one-and-done type of deal—your plan should continuously evolve along with your life circumstances and other changing conditions, such as your assets and the law


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Estate Planning For A Child With Special Needs: What Parents Need To Know



Estate planning is an obvious concern for all parents, but if you have a child with special needs, it’s crucial that you are aware of the unique considerations that go into planning for a child who may be dependent on you at some level for their lifetime. If your child has special needs, you must understand exactly what’s necessary to provide for the emotional, physical, and financial needs of your child, in the event of your own eventual death or potential incapacity.


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Estate Planning 101: Wills vs. Trusts



Wills and trusts are two of the most commonly used estate planning documents, and they form the foundation of most estate plans. While both documents are legal vehicles designed to distribute your assets to your loved ones upon your death, the way in which they work is quite different.


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Estate Planning Must Haves for Parents - Even If You Have Legal Documents



A comprehensive estate plan -- which we prefer to see as a Life and Legacy Plan -- can protect what matters most to you. For many, this means everything you own and everyone you love.


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Everything You Need to Know About Including Digital Assets In Your Estate Plan—Part 1



Recent advances in digital technology have made many aspects of our lives exponentially easier and more convenient. But at the same time, digital technology has also created some serious complications when it comes to estate planning. In fact, if you haven’t properly addressed your digital assets in your estate plan, there’s a good chance that most of those assets will be lost forever when you die.


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EVERYTHING YOU NEED TO KNOW ABOUT INCLUDING DIGITAL ASSETS IN YOUR ESTATE PLAN—PART 2



There are a number of special considerations you should be aware of when including digital assets in your estate plan, and this series addresses each one. In part one, we discussed some of the most common types of digital assets and the current legal landscape governing what happens to those assets upon your death or incapacity. Here, we offer some practical tips to ensure all of your digital assets are properly included in your estate plan, so these assets can provide the most benefit for your loved ones for generations to come.


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3 Estate Planning Issues For LGBTQ+ Couples—Part 1



Whether you are married or in a committed partnership, estate planning is about much more than planning for death—it's about planning for life. It's the way to ensure your beloved will be protected and provided for in the event of your death or incapacity. Especially if you are a member of the LGBTQ+ community, estate planning is even more critical.


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3 Estate Planning Issues For LGBTQ+ Couples—Part 2



As we discussed in part one, such discrimination can create unique estate planning challenges, and regardless of your marriage status, if you are an LGTBQ adult in a committed partnership, you should be aware of several issues that can affect your planning strategies. Specifically, we discussed how relying on a will alone may not provide sufficient protection for your partner/spouse, and we explained why incapacity planning is particularly crucial if you want your partner/spouse to have a say in your medical treatment and the ability to access and manage your assets in the event you are hit with a debilitating illness or injury.


Here we’ll address the final issue you should be aware of when creating your estate plan—securing parental rights for the non-biological parent of minor children.


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Just Married? 6 Estate Planning Essentials for Newlyweds—Part 1



As we head into the peak of wedding season, if you are a newlywed or are about to tie the knot, add “estate planning” to your do list. And yes, we imagine that at this happiest time of your life, planning for your potential incapacity and eventual death is probably the farthest thing from your mind right now, but getting it handled as part of your wedding planning is the greatest gift you can give your soon-to-be spouse.


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Just Married? 6 Estate Planning Essentials for Newlyweds—Part 2



Indeed, once your marriage is official, your relationship becomes entirely different from both a legal and financial perspective. With this in mind, in part one, we discussed the first three of six essential items you need to address in your plan, and here we cover the final three.


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Consider this before your create a will online



A last will and testament is the most commonly thought-of document when it comes to an estate plan. But really it is only a very small part of an integrated plan that ensures your family stays out of court and out of conflict if and when something happens to you.


Do not think you can just write your own will and that will help your family.


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4 reasons why you can't afford to go without an estate plan



When it comes to putting off or refusing to create an estate plan, your mind can concoct all sorts of rationalizations: “I won’t care because I’ll be dead,” “I’m too young,” “That won’t happen to me,” or “My family will know what to do.”


But these thoughts all come from a mix of pride, denial, and above all, a lack of real education about estate planning and the consequences to your family of not planning. Once you understand exactly how planning is designed to work and what it protects against, you’ll realize there is no acceptable excuse for not having a plan.


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Moving to a new state? remember to update your estate plan



Although you likely won’t need to have an entirely new estate plan prepared for you, upon relocating to another state, you should definitely have your existing plan reviewed by an estate planning lawyer who is familiar with your new home state’s laws. Each state has its own laws governing estate planning, and those laws can differ significantly from one location to another.


Given this, you’ll want to make sure your planning documents all comply with the new state’s laws, and the terms of those documents still work as intended. Here, we’ll discuss how differing state laws can affect common planning documents and the steps you might want to take to ensure your documents are properly updated.


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7 Ways To Save Big Money On Your 2020 Taxes—Part 1



2020 was a nightmarish year for many families. But thanks to recent legislation, you could see a silver lining in the form of major tax breaks when filing your income taxes this spring. First up, although it’s technically not a tax break, the IRS announced this week that the deadline for filing your 2020 federal income taxes has been pushed back from April 15 to May 17, 2021, which gives you an extra month to get your tax return handled.


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7 Ways To Save Big Money On Your 2020 Taxes—Part 2



While there are dozens of potential tax breaks available for 2020, in part one of this series, we highlighted the first three of seven ways you can save big money on your 2020 tax return. Here in part two, we’ll discuss the remaining four ways you can save.


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New Developments Transform the Role Life Insurance Plays in Your Estate and Financial Planning



Within the past year, a combination of new legislation and the recent change of leadership in the White House and Congress stands to dramatically increase the income taxes your loved ones will have to pay on inherited retirement accounts as well as increasing the income taxes you owe on your taxable investments. However, purchasing life insurance may offer you the opportunity to minimize the effect of these developments.


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Does Your Estate Plan Protect Your Intellectual Property?



If you own a business, you almost certainly have intellectual property. However, because your intellectual property is intangible, it can be invisible to you and those who aren’t familiar with the nature of intellectual property and its value, so it often gets overlooked, especially when it comes to estate planning. Yet, if you fail to properly document your intellectual property, your estate plan will likely not protect it—and this could cause your loved ones to miss out on what can be among your most valuable assets.


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5 QUESTIONS TO ASK BEFORE HIRING AN ESTATE PLANNING LAWYER - PART 2



Although hiring the right estate planning lawyer may not seem like a super important decision, it’s actually one of the most critical choices you can make for both yourself and your family. After all, this is the individual you are trusting to serve on your behalf to protect and provide for your loved ones in the event of life’s most traumatic experiences.


Should you choose the wrong person for the job, your family could potentially face all manner of unnecessary conflicts, expenses, and legal entanglements during a time when they are at their most vulnerable. In the end, estate planning is about far more than having a lawyer create a set of documents for you, and then never seeing you again, or only seeing you when something goes wrong.


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5 QUESTIONS TO ASK BEFORE HIRING AN ESTATE PLANNING LAWYER - pART 1



Since you’ll be discussing topics like death, incapacity, and other frightening life events, hiring an estate planning lawyer may feel intimidating or morbid. But it definitely doesn’t have to be that way.


Instead, it can be the most empowering decision you ever make for yourself and your loved ones. The key to transforming the experience of hiring a lawyer from one that you dread into one that empowers you is to educate yourself first. This is the person who is going to be there for your family when you can’t be, so you want to really understand who the lawyer is as a human, not just an attorney. Of course, you’ll also want to find out the kind of services your potential lawyer offers and how they run their business.


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4 Tips For Talking About Estate Planning With Your Family Over the Holidays



With COVID-19 still raging, your 2020 holiday season may not feature the big family get-togethers of years past, but you’ll still likely be visiting with loved ones in some fashion, whether via video chat or in smaller groups. And though the holidays are always a good time to bring up estate planning, given the ongoing pandemic, talking about these issues is particularly urgent this time around.


That said, asking your dad about his end-of-life wishes while he’s watching football isn’t the best way to broach the subject. In order to make the talk as productive as possible, consider the following four tips.


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6 CHANGES TO WATCH FOR IN YOUR 2020 TAXES



Although you may have just filed your 2019 income taxes in July, now is the time to start thinking about your 2020 return due next April. While it’s always a good idea to be proactive when it comes to tax planning, it’s particularly important this year.


In addition to annual updates for inflation, the Coronavirus Aid, Relief, and Economic Security (CARES) Act provides individual taxpayers with several new tax breaks, most of which will only be available this year. The sooner you learn about the different forms of tax-savings available, the more time you will have to take advantage of them.


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YOUR BLENDED FAMILY IS LIKELY HEADED TO COURT UNLESS YOU DO THIS



If you have stepchildren, or children from a prior marriage, or other people you consider “kin” who are not considered legal relatives in the eyes of the law, you’ve got a blended family.


While you are healthy and everyone in your family is happy, you have the chance to plan a future for your family that will avoid the hurt feelings, conflict, and long, drawn out court battles, blended families can experience when the parents become incapacitated or pass away.


Read on to see why estate planning is needed to preserve the peace in your blended family.


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oNCE YOUR KIDS ARE 18, MAKE SURE THEY SIGN THESE DOCUMENTS



While estate planning is probably one of the last things your teenage kids are thinking about, given the dire threat coronavirus represents, when they turn 18, it should be their (and your) number-one priority. Here’s why: At 18, they become legal adults in the eyes of the law, so you no longer have the authority to make decisions regarding their healthcare, nor will you have access to their financial accounts if something happens to them.


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How to avoid the need for a Prenuptial Agreement - Part 1



If you’re counting down the days to your wedding, divorce is probably the last thing you and your fiancé want to be thinking about, and yet you might be rightfully concerned about what would happen to your assets in the event of a divorce—or your death.


You may also be worried that suggesting a prenuptial agreement could hurt your future spouse by making him or her feel as if you don’t trust them, thereby creating friction before the marriage even begins. While such concerns are valid, you should know that prenups aren’t your only option for shielding your assets from these scenarios. With a well-designed estate plan, for example, you can structure your assets in such a way to keep what you have safe, provide for your future spouse in the event of your death, and also ...


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WHAT YOU SHOULD KNOW BEFORE AGREEING TO SERVE AS TRUSTEE



Being asked by a loved one to serve as trustee for their trust upon their death can be quite an honor, but it’s also a major responsibility—and the role is definitely not for everyone. Indeed, serving as a trustee entails a broad array of duties, and you are both ethically and legally required to properly execute those duties or face potential liability.


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The Basics of Disability Insurance and How it can Help During Covid



With the risks still posed by COVID-19, we all need to face the possibility that we could get sick, even if we take great care of ourselves through good nutrition, sleep, and exercise. And even if you don’t need to be hospitalized, if you do experience symptoms and test positive, you might have to stay quarantined for enough time that you’d lose income. These risks highlight the need for everyone, regardless of their age or current state of health, to have some form of disability insurance coverage.


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LOST AN OLD 401(K)? HERE ARE 6 TIPS FOR FINDING IT



The days of working for a single employer for decades until you retire are over. Today, you are much more likely to change jobs multiple times during your career. According to the Bureau of Labor Statistics, today’s workers have held an average of 12 jobs by the time they reach their 50s.


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ThE NEED FOR A GO-BAG IS EVEN MORE IMPORTANT DURING A PANDEMIC



Go-bags originated with the US military, which requires its personnel to always keep one on-hand packed with the essential items needed to survive for at least three days following a disaster. When you have just minutes to evacuate, you won’t have time to think about what you should pack to survive the days—or weeks—to come, so the time to prepare for your family’s safety is now.


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Getting Legal Documents Signed During Covid -- Another Reason to NOT Go it Alone



There are many ways that plans fail, but one of the worst ways we see is when someone starts a plan and doesn't get it signed properly. You do not want this to happen to your family, trust me. If you care enough about your family to be here reading about estate planning, click below to learn how your plan might fail and how you can make sure it will work when your family needs it to.


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Should You (or Your Parents) Be in the Stock Market Now?



If you or your parents have a retirement account, (or any investment accounts for that matter) now is the time to get connected to how those accounts are invested. While you may have outsourced all of this to a broker in the past, you can no longer afford to allow your investments to be made without your clear understanding of exactly what you are investing in, how and whether your investments align with your plans for the future.


My colleague shared a story with me that hit home and it may for you as well. Read more about it in this featured article by clicking the below.


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HOW TO PLAN A "PET TRUST" TO PROTECT YOUR PET AFTER YOUR DEATH: PART 2



In our previous article What Happens To Your Pets When You Die, I talked about what to take into consideration when you’re planning for your pet’s care, in the event of your incapacity or your death. This week, I’m going to give you the steps to take in creating a pet trust to provide for your companion animal, or animals, if you cannot be there.


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WHAT HAPPENS TO YOUR PETS WHEN YOU DIE?



If you have pets, my guess is that you love them as much as you do your children, but I’m also guessing that you have not provided any written or, better yet, legally documented instructions about what should happen to them, if you become incapacitated or when you die.


If you have, read this article with an eye to ensuring you’ve checked all the right boxes for the beings you love. If you haven’t, read on because it’s time to take action, and we can make it easy for you to do the right thing by the pets you love.


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Money Talk: How much will you share with your kids (and when)?



In many families, money still is not a typical dinner table discussion, but we think it should be. Surprisingly, this is especially true when it comes to affluent parents. And, we hope to change it because one of the most important things you can do is talk to your kids (and your parents) about money.


According to the Spectrem Millionaire Corner, a market research group, only 17% of affluent parents said they would disclose their income or net worth to their kids by the time they turned 18. A nearly equal amount, 18% said they would never disclose these numbers to their kids. 32% of the rich parents surveyed by Spectrem said “it’s none of their business” when asked why they would not talk to their kids about money.


But, that’s just faulty thinking, wouldn’t you agree?! We hope so! But, if not, read on …


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False Security: Is Your WIll Legally Valid?



A last will and testament can ensure your wishes are respected when you die. But if your will isn’t legally valid, those wishes might not actually be carried out, and instead the laws of “intestate succession” would apply, meaning that the state decides who gets your stuff, and it’s very likely not to be who you would choose.


If you’ve created a will online, we congratulate you for doing SOMETHING, but we strongly recommend that you have it reviewed and make sure it does what you want, and is actually legally valid.


We’ve seen it far too many times: someone THINKS they’ve created a will, because they did something, but the SOMETHING was the WRONG THING, and their family is left to deal with the fallout, confusion and complications that result.


In this weeks post we will look at the Essential Requirements of a will and additional considerations:


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Don’t Let Diminished Financial Capacity Put Your Elderly Loved Ones At Risk—Part 1



With more and more Baby Boomers reaching retirement age each year, our country is undergoing an unprecedented demographic transformation that’s been dubbed “The Greying of America.” This population shift stands to affect many aspects of life, especially your relationships with aging parents and other senior family members.


Coinciding with the boom in the elderly population, the number of Americans suffering from Alzheimer’s and other forms of dementia is expected to increase substantially as well.


Although Alzheimer’s is the most common cause of dementia in older adults, it’s not the only one. Many people aren’t aware that one of the first abilities to go is one’s “financial capacity.” Click below to learn more about protecting your elderly loved ones from Diminished Financial Capacity.


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Don’t Let Diminished Financial Capacity Put Your Elderly Loved Ones At Risk—Part 2



In the first part of this series, we discussed the early warning signs of diminished financial capacity in the elderly. Here, we’ll discuss planning strategies that can protect your loved ones from incapacity of all kinds.


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Avoid these 4 mistakes when naming life insurance beneficiaries



Investing in life insurance is a foundational part of estate planning. However, when naming your policy’s beneficiaries, there are a number of mistakes you can make that could lead to potentially dire consequences for the very people you’re trying to protect and support.


What follows are four of the most common mistakes we see clients make when selecting life insurance beneficiaries. If you’ve made any of these errors, contact us right away, so we can amend your policy to ensure its proceeds provide the maximum benefit for those you love most.


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5 Steps For Adding Digital Assets to Your Estate Plan



If you haven’t planned properly for your digital assets, just locating and accessing all of them can be a major headache—or even impossible—for your loved ones following your death or incapacity. And even if your loved ones can access your digital assets, in some cases, doing so may violate privacy laws and/or the terms of service governing your accounts.


You may also have some online assets that you don’t want your loved ones to inherit, so you’ll need to take measures to restrict and/or limit access to such assets.


Given the unique nature of your online property, there are a number of special considerations you should be aware of when including online property in your plan. Here are a few of the steps you should take to help ensure your digital assets are properly accounted for, managed, and passed on.


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BUYER BEWARE: THE HIDDEN DANGERS OF DIY ESTATE PLANNING—PART 1



Do a Google search for “online estate planning documents,” and you’ll find dozens of different websites. From Legal Zoom® and Willing.com to Rocket Lawyer® and Willandtrust.com, these do-it-yourself (DIY) planning services might seem like an enticing bargain.


The sites let you complete and print out just about any kind of planning document you can think of—wills, trusts, healthcare directives, and/or power of attorney—in just a matter of minutes. And the documents are typically quite inexpensive, with many sites offering simple wills for $50 or less.


At first glance, such DIY planning documents might appear to be a quick and inexpensive way to finally cross estate planning off your life’s lengthy to-do list. You know planning for your death and potential incapacity is important, but you just never seem to have time to take care of it. And even if you realize your DIY plan won’t be as good as those prepared by a lawyer, at least it can serve as a temporary solution, until you can find time to meet with an attorney to upgrade.


These forms may not be perfect, you reason, but at least they’re better than having no plan at all. However, relying on DIY planning documents can actually be worse than having no plan at all—and here’s why ...


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Buyer Beware: The Hidden Dangers of DIY Estate Planning—Part 2



Given how far web-based technology has evolved, you might think online legal document services have advanced to the point where they’re a suitable alternative to having your estate plan prepared by a lawyer. After all, you’ve been able to prepare and file your taxes online for years, so what makes estate planning so much different?


Aren’t lawyers using the very same forms you find on these document websites? This kind of reasoning is exactly what do-it-yourself (DIY) planning services would like you to believe—but it’s far from true.


Indeed, relying on generic, fill-in-blank planning documents can be one of the costliest planning mistakes you can make for your loved ones. In this featured article, we'll pick up where we left off in Part I of the Hidden Dangers of DIY Estate Planning.


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4 Tips for Discussing Estate Planning With Your Family This HOliday Season



The holidays offer an opportunity to visit with loved ones you rarely see and get caught up on what’s been happening in everyone’s life. And though it might not seem like it, the holidays can also be a good time to discuss estate planning. In fact, with everyone you love—from the youngest to the oldest—gathered together under one roof, the holidays provide the ideal opportunity to talk about planning.


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Lifetime asset protection trusts: Airtight asset protection for your Child's inheritance - Part 1



As a parent, you’re likely hoping to leave your children an inheritance. In fact, doing so may be one of the motivating factors driving your life’s work. But without taking the proper precautions, the wealth you pass on is at serious risk of being accidentally lost or squandered. In some instances, an inheritance can even wind up doing your kids more harm than good.


Creating a will or a revocable living trust offers some protection, but in most cases, you’ll be guided to distribute assets through your will or trust to your children at specific ages and stages, such as one-third at age 25, half the balance at 30, and the rest at 35.


If you’ve created estate planning documents, check to see if this is how your will or trust leaves assets to your children. If so, you may not have been told about another option that can give your children access, control, and airtight asset protection for whatever assets they inherit from you.


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LIFETIME ASSET PROTECTION TRUSTS: AIRTIGHT ASSET PROTECTION FOR YOUR CHILD'S INHERITANCE - PART 2



In the first part of this series, we discussed a unique planning tool known as a Lifetime Asset Protection Trust. Here we explain the benefits of these trusts in further detail.


If you’re planning to leave your children an inheritance of any amount, you likely want to do everything you can to protect what you leave behind from being lost or squandered. While most lawyers will advise you to distribute the assets you’re leaving to your kids outright at specific ages and stages, based on when you think they will be mature enough to handle an inheritance, there is a much better choice for safeguarding your family wealth.


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UNDERSTANDING YOUR LIFE INSURANCE SETTLEMENT OPTIONS



Following the death of the policy holder, the way in which proceeds from a life insurance policy are paid to the beneficiary (or beneficiaries) is known as the settlement option. And you might be surprised to learn that there are a variety of settlement options available besides the most common method—a lump-sum payout.


Depending on the life insurance company and policy, these options may be selected by the policy holder ahead of time or chosen by the beneficiary upon the insured’s death. Whether you’re the policy holder or beneficiary, it’s important that you understand these options in order to maximize the policy’s financial benefit and reduce potential taxes.


Here are six popular life-insurance settlement options:


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HOW LEGAL PLANNING HELPS BUILD A STRONG BLENDED FAMILY



Yours, mine and ours … in today’s modern family, it’s oh so common. The blended family is the product of 2nd (or more) marriages, in which one or more of the parties comes with children from a prior marriage. And then, they may even go on to have children together.


If you have or are part of a blended family, it’s important to understand how estate planning could be exactly what you need to keep your family out of conflict and in love, both during life, in the event of incapacity, and when one or more of the parents dies.


Let’s begin with an understanding of where potential conflicts could arise when you have a blended family.


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Who Will be EMANI's Guardian after the death of her dad



In the aftermath of rapper Nipsey Hussle’s murder this March, his family and ex-girlfriend have been locked in a bitter battle for custody of one of his young children.


And as this ugly drama plays out in the courtroom and tabloids, it highlights the single-most costly estate-planning mistake a parent can make. Hussle, 34, whose given name was Ermias Ashgedom, was gunned down outside his South Los Angeles clothing store in March. His alleged killer, Eric Holder, was arrested and indicted for murder a few days later.


The rapper’s death is particularly tragic, as his debut album, Victory Lap, was recently nominated for a Grammy Award. Yet even more tragic is what’s happening to Hussle’s kids. Because Hussle never named legal guardians, the decision of who will raise his two children—daughter Emani, 10, and son Kross, 2—is now up to the court. And this mistake is already having terrible consequences.


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USE ESTATE PLANNING TO ENSURE YOUR LEGACY DOESN'T GET ERASED



When you think about those loved ones who’ve passed away, you probably don’t think very much—or even at all—about the “things” they’ve left you. And when they do leave something behind, what you likely cherish most about the object are the memories and feelings it evokes, not the thing itself.


For the founder of the Personal Family Lawyer program, Alexis Katz, the most treasured memento her late father left her wasn’t even something he intended to be special—it was just a random voicemail on her cellphone. And the message wasn’t meant to be anything sentimental. His message simply said, “Lex, it’s your dad. Call me back.” Following his death, Alexis loved listening to that message to hear her father’s voice. Of all the assets he left behind, that voicemail was what she cherished most.


Until one day, she went to listen to the message and discovered it had been erased—and her father’s voice was lost to her forever. She still recalls that day as one of her worst ever, yet like most painful events, it taught her an important lesson.


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USE ESTATE PLANNING TO AVOID ELDER ABUSE PART I



Elder abuse can take a wide variety of forms, but we think the worst of the worst is caused by unscrupulous adult guardians appointed by a court to care for seniors who are no longer able to care for themselves.


And though you may not want to believe such a thing could happen, you need to know that without the right planning in place, even the seniors in your own family could be at risk.


In fact, there are currently 1.5 million American adults under guardianship, with an estimated 85% of them over age 65. All total, these guardians control nearly $273 billion in assets. And a 2010 report by the Government Accountability Office (GAO) found hundreds of cases where guardians were involved in the abuse, exploitation, and neglect of seniors placed under their supervision.


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USE ESTATE PLANNING TO AVOID ELDER ABUSE PART II



In the first part of this series, we detailed how criminally minded individuals can take advantage of an overloaded court system and seize total control of seniors’ lives and financial assets by gaining court-ordered guardianship.


Here we’ll discuss how seniors and their adult children can use proactive estate planning to prevent this from happening.


It’s important to note that any adult could face court-ordered guardianship if they become incapacitated by illness or injury, so it’s critical that every person over age 18—not just seniors—put these planning vehicles in place to prepare for a potential incapacity.


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4 YEAR-END TAX-SAVING STRATEGIES FOR 2019



As we head towards the end of the year, we’re fast approaching the deadline to implement your family’s tax strategies for 2019.


The Tax Cut and Jobs Act (TCJA) completely overhauled the tax code, and if you’ve yet to take full advantage of the benefits offered by the new tax law, now is the time to do so.


To qualify for some TCJA’ tax benefits, you’ll need to act by December 31, so don’t wait to get started. The following 4 tips could save your family big money on your 2019 tax bill.


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COULD AN IRA BENEFICIARY TRUST BENEFIT YOUR FAMILY?



Unlike most of your assets, individual retirement accounts (IRAs) do not pass to your family through a will. Instead, upon your death, your IRA will pass directly to the people you named via your IRA beneficiary designation form.


Unless you take extra steps, the named beneficiary can do whatever he or she wants with the account’s funds once you’re gone. The beneficiary could cash out some or all of the IRA and spend it, invest the funds in other securities, or leave the money in the IRA for as long as possible.


For a number of reasons that we’ll address more below, you might not want your heirs to receive your retirement savings all at once. One way to prevent this is to designate your IRA into a trust. But you can’t just use any trust to hold an IRA; you’ll need to set up a special type of revocable trust specifically designed to act as the beneficiary of your IRA upon your death.


IRA Beneficiary Trusts offer a number of valuable benefits to both you and your beneficiaries. If you have significant assets invested through one or more IRA accounts, you might want to consider the following advantages of adding an IRA Trust to your estate plan.


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3 ESTATE PLANNING CONCERNS FOR MARRIED, SAME-GENDER COUPLES



Now that same-gender couples can legally marry in all 50 states, more Americans than ever before are enjoying the rights and benefits that come with marriage.


Yet same-gender couples continue to face unique planning challenges. Because you may have family members who remain opposed to the validity of your marriage, same-gender couples’ estate plans are often more vulnerable to dispute and even sabotage by unsupportive relatives. This could mean that family members are more likely to contest your wishes, or it might entail custody battles over non-biological children in the event of the biological parent’s death.


Unsupportive family members may even try to block the ability of your spouse to make medical decisions on your behalf should you become incapacitated by accident or illness. While the planning vehicles available to same-gender and opposite-gender married couples are generally the same, there are a few unique considerations those in same-gender marriages ought to be aware of.


Here are three of the most important things to keep in mind.


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WHAT IS A TRUST?



A trust is a legal creation set up to benefit someone or something. For example, some people set up trusts to benefit their children, their grandchildren, or even charities.


It is easiest to understand if you think about three separate people being involved. One person, called the grantor, funds the trust somehow, by placing money or other assets into it.

Any type of asset may be used, such as money, bank accounts, cars, and even real estate.


The second person, who is known as the trustee, agrees to manage the assets. Once the assets are in this legally created trust, the trustee holds title to the assets.


The third person, who is known as the beneficiary, receives the benefits of the trust. For example, the benefits might include interest paid on money in the trust, a monthly allowance, or even a place to live. The use of trusts as a planning tool can provide many benefits.


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IF YOU DON'T TRUST YOUR CHILDREN YOU NEED A TRUST



While most parents have the best intentions when it comes to teaching their children about handling finances wisely, sometimes the lessons don’t take.


In addition to concerns about spendthrift behavior, some children experience problems with substance abuse or have mental issues that make giving them access to wealth a problem.


This is where a trust can be a parent’s best friend.


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THE REAL COST OF NOT HAVING AN ESTATE PLAN AT ALL



When it comes to putting off or refusing to create an estate plan, your mind can concoct all sorts of rationalizations: “I won’t care because I’ll be dead,” “I’m too young,” “That won’t happen to me,” or “My family will know what to do.”


But these thoughts all come from a mix of egoic pride, denial, and above all, we imagine, a lack of real education about estate planning and the consequences to your family.


Once you understand exactly what planning is designed to prevent and support, you’ll realize there really is no acceptable excuse for not having a plan, provided you are able to plan and truly care about your family’s experience after you die or if you become incapacitated.


Indeed, the first step in creating a proper plan is to thoroughly understand the potential consequences of going without one. In the event of your death or incapacity, not having a plan could be incredibly traumatic and costly for your family, who will be left to deal with the mess you’ve left behind. While each estate and family are unique, here are some of the things most likely to happen to you and your loved ones if you fail to create any estate plan at all.


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PROTECT YOUR FAMILY WITH A LIFETIME ASSET PROTECTION TRUST



When you create your estate plan, the idea that one of your adult children would ever use their inheritance to bankroll a cult is probably something you’d never dream of, much less anticipate.


Yet that’s exactly what 40-year-old Clare Bronfman, heiress to the multi-billion-dollar Seagram’s fortune, did with hers. In the end, with her inheritance—and the power that came with it—she was led her down a dark path that seems almost too outlandish to be true.




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SAFEGUARD YOUR CHILDREN'S INHERITANCE WITH A LIFETIME ASSET PROTECTION TRUST



Last week, we discussed the benefits of a unique estate planning vehicle known as a Lifetime Asset Protection Trust (LAPT). We referenced this planning tool in the context of how it could have protected Clare Bronfman, the heiress to the multi-billion-dollar Seagram’s fortune, who was manipulated into blowing much of her $200 million inheritance by financing the cult-like group known as Nxivm.


Although Clare’s case was quite extreme in terms of both the amount of her inheritance and the circumstances that wiped out her wealth, a LAPT would have almost undoubtedly protected both her and her family’s fortune.


This planning vehicle can benefit families with far less wealth than Clare’s—and offer asset protection from far less outlandish threats. To demonstrate how LAPTs can provide protection to families of all asset profiles, here we’ll describe another true story involving a tragic—yet much more relatable—life scenario. While the following events are entirely true, the individual’s name has been changed for privacy protection.


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WHY A WILL ALONE IS NOT ENOUGH



Whenever the topic of estate planning comes up, people invariably mention creating a will. And with good reason—having a will is a foundational aspect of your estate plan. However, a will is only one small part of effective planning. In fact, if your plan consists of a will alone, you’re guaranteeing your family will have to go to court when you die. There’s a saying in the lawyer world of estate planning: “Where there’s a will, there’s a probate.” And it’s no laughing matter. In our view, a primary goal of estate planning is to keep your family out of court and out of conflict no matter what happens to you. Yet with only a will in place, your plan can fall woefully short of that goal, leaving your loved ones—and yourself, if you become incapacitated —susceptible to getting stuck in an unnecessary, expensive, time-consuming, and public court process. Here’s why having just a will is not enough:


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LEGAL PLANING YOU NEED TO DO FOR YOUR HIGH SCHOOL GRADUATE



If you’re the parent of a high school graduate this year, congratulations! You’ve put in a lot of time and effort toward their earning that diploma, and whatever their next step in life will be, you likely want to protect them just as much as you did while they were still in high school. But before you pack that kid off to college or just an apartment across town, you need to know that when they leave, they will be taking some of the legal rights you had before they turned 18 with them. Once a child turns 18, they are no longer considered a child in the eyes of the law. And you no longer have the legal right to access their health care, school or banking records without their permission. Here are some steps you should take before your child leaves the nest that will help ensure your peace of mind and their safety:




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GOT A ‘BLENDED FAMILY’? LEARN FROM TOM PETTY’S MISTAKES: HIS DAUGHTERS AND WIDOW ARE NOW LOCKED IN BITTER BATTLE OVER HIS ESTATE



Tom Petty’s daughters escalated the battle over their late father’s estate by filing a lawsuit against Petty’s second wife that seeks $5 million in damages. In the lawsuit, Adria Petty and Annakim Violette, claim their father’s widow, Dana York Petty, mismanaged their father’s estate, depriving them of their rights to determine how Petty’s music should be released.


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AVOID THESE 2 COMMON CAUSES FOR DISPUTE OVER YOUR ESTATE PLAN—PART 1



No matter how well you think you know your loved ones, it’s impossible to predict exactly how they’ll behave when you die or if you become incapacitated.


Of course, no one wants to believe their family would ever end up battling one another in court over inheritance issues or a loved one’s life-saving medical treatment, but the fact is, we see it all the time.


Family dynamics are extremely complicated and prone to conflict during even the best of times. And when tragedy strikes a key member of the household, even minor tensions and disagreements can explode into bitter conflict.


When access to money is on the line, the potential for discord is exponentially increased. The good news is you can drastically reduce the odds of such conflict through estate planning with the support of a lawyer who understands and can anticipate these dynamics


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AVOID THESE 2 COMMON CAUSES FOR DISPUTE OVER YOUR ESTATE PLAN—PART 2



In the first part of this series, we discussed one of the most frequent causes for dispute over your estate plan. Here, we’ll look at another leading cause for dispute and offer strategies for its prevention.


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ESTATE PLANNING MUST-DO'S IF YOU'RE GETTING DIVORCED - PART 1



Divorce can be traumatic for the whole family. Even if the process is amicable, it involves many tough decisions, legal hassles, and painful emotions that can drag out over several months, or even years.


That said, while you probably don’t want to add any more items to your to-do list during this trying time, it’s absolutely critical that you review and update your estate plan—not only after the divorce is final, but as soon as possible once you know the split is inevitable.


Even after you file for divorce, your marriage is legally in full effect until your divorce is finalized. That means if you die while the divorce is still ongoing and you haven’t updated your estate plan, your soon-to-be-ex spouse could end up inheriting everything.


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ESTATE PLANNING MUST-DO'S IF YOU'RE
GETTING DIVORCED - PART II



Because getting divorced can be overwhelming on so many different levels, updating your estate plan often takes a back seat to other seemingly more-pressing priorities.


But failing to update your plan for divorce can have potentially tragic consequences, some of which you may have never even considered before. In fact, it’s critical that you update your plan not only after the divorce is final, but as soon as you know the split is inevitable.


Until your divorce is final, your marriage is legally in full effect, so if you die or become incapacitated while the divorce is still ongoing and you haven’t updated your plan, your soon-to-be ex spouse could end up with complete control over your life and assets.


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CRITICAL ESTATE PLANNING TASKS TO COMPLETE BEFORE GOING ON VACATION



Going on vacation entails lots of planning: packing luggage, buying plane tickets, making hotel reservations, and confirming rental vehicles. But one thing many people forget to do is plan for the worst.


Traveling, especially in foreign destinations, means you’ll likely be at greater risk than usual for illness, injury, and even death.


In light of this reality, you must have a legally sound and updated estate plan in place before taking your next trip. If not, your loved ones can face a legal nightmare if something should happen to you while you’re away.


The following are 5 critical estate planning tasks to take care of before departing.


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3 WARNING SIGNS OF A FINANCIAL SCAM



Nobody likes to admit they’ve fallen for a financial scam, but the fact is, it’s easier than ever to get caught up in one. This is especially true in today’s all-digital world, where practically every shred of data related to your personal and financial background can be found online.


While no one is forcing you to use the Internet to manage your financial accounts, purchase goods and services, or communicate with the outside world, these days it’s nearly impossible to live your life without the web. The following are three big red flags to watch for:


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6 QUESTIONS TO CONSIDER WHEN SELECTING BENEFICIARIES FOR A LIFE INSURANCE POLICY - PART 1



Selecting a beneficiary for your life insurance policy sounds pretty straightforward. You’re just deciding who will receive the policy’s proceeds when you die, right?


But as with most things in life, it’s a bit more complicated than that. It can help to keep in mind that naming someone as your life insurance beneficiary really has nothing to do with you: It should be based on how the funds will affect the beneficiary’s life once you’re no longer here.


It’s very likely that if you’ve purchased life insurance, you did so to make someone’s life better or easier in some way in the wake of your death. But unless you consider all of the unique circumstances involved with your choice, you might actually end up creating additional problems for the people you love.


Given the potential complexities involved, there are a few important questions you should ask yourself when choosing your life insurance beneficiary.


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6 QUESTIONS TO CONSIDER WHEN SELECTING BENEFICIARIES FOR A LIFE INSURANCE POLICY - PART 2



In the first part of this series, we discussed the first three of six questions you should ask yourself when selecting a life insurance beneficiary. Here we cover the final half.


In PART 1, we discussed the first three of six questions you should ask yourself when choosing a life insurance beneficiary. Here we cover the remaining three:


4. Are any of your beneficiaries minors?

While you’re technically allowed to name a minor as the beneficiary of your life insurance policy, it’s a bad idea to do so. Insurance carriers will not allow a minor child to receive the insurance benefits directly until they reach the age of majority—which can be as old as 21 depending on the state.


If you have a minor named as your beneficiary when you die, then the proceeds would be distributed to a court-appointed custodian tasked with managing the funds, often at a financial cost to your beneficiary. And this is true even if the minor has a living parent. This means that even the child’s other living birth parent would have to go to court to be appointed as custodian if he or she wanted to manage the funds.


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4 ESTATE PLANNING MUST-HAVES FOR UNMARRIED COUPLES—PART 1



Estate planning is often considered something you only need to worry about once you get married. But the reality is every adult, regardless of age, income level, or marital status, needs to have some fundamental planning strategies in place if you want to keep the people you love out of court and out of conflict.


In fact, estate planning can be even more critical for unmarried couples. Even if you’ve been together for decades and act just like a married couple, you likely aren’t viewed as one in the eyes of the law. And in the event one of you becomes incapacitated or when one of you dies, not having any planning in place can have disastrous consequences.


If you’re in a committed relationship and have yet to get—or even have no plans to get—married, the following estate planning documents are an absolute must:


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4 ESTATE PLANNING MUST-HAVES FOR UNMARRIED COUPLES—PART 2



In the first part of this series, we discussed the estate planning tools all unmarried couples should have in place (above). Here, we’ll look at the final two must-have planning tool.


Most people tend to view estate planning as something only married couples need to worry about. However, estate planning can be even more critical for those in committed relationships who are unmarried. Because your relationship with one another is frequently not legally recognized, if one of you becomes incapacitated or when one of you dies, not having any planning can have disastrous consequences. Your age, income level, and marital status makes no difference—every adult needs to have some fundamental planning strategies in place if you want to keep the people you love out of court and out of conflict.


Last week, we discussed wills, trusts, and durable power of attorney. Here, we’ll look at two more must-have estate planning tools, both of which are designed to protect your choices about the type of medical treatment you’d want if tragedy should strike.




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Growing Family? Time to Audit Your Insurance Policies



As your family size grows, there is lots to prepare for and consider. Welcoming a new family member can be a joyous occasion, and requires some planning. Adding a new family member can affect your finances and create a need for more protections.


Reassessing your insurance coverage might not be at the top of your list, but policies should always be audited when changes in your family life occur to ensure your coverage will adequately protect your growing family.


Remember this: insurance says I love you to the people you love.


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YOUR RIGHTS AS THE PARENT OF A YOUNG ADULT - WHAT YOU NEED TO KNOW WHEN A MEDICAL CRISIS HITS



As a parent, you are most likely quite accustomed to managing the legal and medical affairs of your children, as circumstances require.


If your child requires urgent medical attention while away from you, a simple phone call authorizing care usually can do the trick. But what happens when those “children” turn 18, and are now adults in the eyes of the law, and need of urgent medical attention far from home?


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GENERATIONAL WISDOM IN 32 QUESTIONS



What can we learn from earlier generations? Quite a bit, says Brendon Burchard, but only if we ask the right questions.

Burchard, famed personal development trainer and author of The Motivation Manifesto (Carlsbad, Hay House, 2014) says asking your mother, father and/or another loved one important questions can teach you valuable lessons about love, life, and what matters most.


Burchard suggests recording these conversation so the lessons and messages can be passed down easily to your children and grandchildren.


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Commit to Your Estate Plan
Before Committing to a Trip Away



If you are planning a vacation, you probably have a lot to prepare for before you get away. Between structuring your itinerary, getting plane tickets or train reservations, and booking hotels, creating an estate plan is probably not something you thought to add to your to-do list. But, think again and consider that now is the time to take action on this vital piece of your legal life planning


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THINK YOUR 401(K) IS FLEXIBLE? 6 IRA BENEFITS YOUR 401(K) DOESN’T HAVE



When it comes to retirement plans, IRAs and 401(k)s provide many of the same benefits. But in certain situations, an IRA can outperform a 401(k). IRAs aren’t right for everyone, so you should become familiar with the advantages IRAs have over 401(k)s before you transfer funds or set up a new account. To help you do this, here are a few benefits you can reap from an IRA not available in a 401(k).


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ESTATE PLANNING ESSENTIALS FOR PARENTS



A comprehensive estate plan can protect the things that matter most. For many, this means their property and their family.


Including provisions for the care of your children in your estate plan is essential for peace of mind. But many parents struggle with including such provisions as naming a legal guardian for their child in their plan.


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SQUABBLES BETWEEN ALAN THICKE’S HEIRS HIGHLIGHT THE IMPORTANCE OF PROPERLY DRAFTED AND UPDATED ESTATE PLANNING



In the 1980s, the late actor Alan Thicke played the wise-but-hip father figure and psychiatrist Dr. Jason Seaver in the sitcom Growing Pains.


Following Alan’s sudden death in December 2016, with his children and widow battling over his estate, one can only wonder what sage advice Dr. Seaver would have had for Thicke’s heirs.


Alan collapsed and died from a heart attack at age 69, while playing ice hockey with his youngest son, Carter. Unlike some celebrities, he had a fairly comprehensive estate plan. But with three marriages, three sons from two of those unions, and an estate worth an estimated $40 million, the planning is proving insufficient to stave off family feuding.


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ENSURE THE SECURITY OF YOUR SENIOR PARENTS' IDENTITY AND FINANCIAL ASSETS



Today, we live in an uber-connected world, where nearly every type of financial transaction—shopping, banking, investment management—can be made online using a computer or mobile device.


In light of this, it’s critically important to have the appropriate safeguards in place to reduce the risk of fraud and identity theft, especially for your senior parents. Because your parents are probably not as savvy about digital technology and may be losing some of their powers of discernment as they age, it’s quite likely up to you to help them protect themselves—and ultimately your inheritance.


Along with traditional estate planning strategies to ensure you’re parents’ planning is handled in the event of their incapacity or death, you should take the following four precautions to ensure the safety of their identity and finances while they’re still alive and well.


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IMPORTANT DETAILS ABOUT COLLECTING LIFE INSURANCE



Unlike many estate assets, if you’re looking to collect the proceeds of a life insurance policy, the process is fairly simple provided you’re named as the beneficiary.


That said, following a loved one’s death, the whole world can feel like it’s falling apart, and it’s helpful to know exactly what steps need to be taken to access the insurance funds as quickly and easily as possible during this trying time.


And if you’ve been dependent on the deceased for regular financial support and/or are responsible for paying funeral expenses, the need to access insurance proceeds can sometimes be downright urgent.


Here, we’ve outlined the typical procedure for claiming and collecting life insurance proceeds, along with discussing how beneficiaries can deal with common hiccups in the process. However, because all life insurance policies are different and some involve more complexities than others, it’s always a good idea to consult with a personal family lawyer if you need extra help or guidance.


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ESTATE PLANNING MISTAKES SENIORS
CAN'T AFFORD TO MAKE



Estate planning really should be considered as soon as you acquire your first asset, have a child, or step into adulthood in any truly meaningful way. And yet many of us put it off for far too long, leaving ourselves and our families at risk of getting stuck in the court system in the event of an unexpected accident, illness, or injury.


Once you (or your parents) reach senior status, you can no longer pretend that estate planning is something you can put off. The effects of aging become impossible to ignore, and the fact that you’re not going to live forever moves to the front of your mind.


While planning for your incapacity and death can be scary, it’s even more frightening to think of the potential tragedies that can arise if you and your family don’t have the right planning in place. More and more, the media is highlighting the reality that without proper planning, the elderly can lose everything, even if they have family looking after them.


At the senior stage of life, effective estate planning is urgent, both for you and the people you love. And if you aren’t a senior yet yourself but have senior parents, get your own planning handled, and then use that as a model to get your parents’ planning taken care of.


Here are a few of the most common errors seniors make when it comes to estate planning and how to fix them:


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THE KEY DIFFERENCES BETWEEN WILLS AND TRUSTS



When discussing estate planning, a will is what most people think of first. Indeed, wills have been the most popular method for passing on assets to heirs for hundreds of years.


But wills aren’t your only option. And if you rely on a will alone to pass on what matters, you’re guaranteeing your family has to go to court when you die.


In contrast, other estate planning vehicles, such as trusts, which used to be available only to the uber wealthy, are now being used by those of all income levels and asset values to keep their loved ones out of the court process.


But determining whether a will or a trust is best for you depends entirely on your personal circumstances. And the fact that estate planning has changed so much makes choosing the right tool for the job even more complex. The best way for you to determine the truly right solution for your family is to meet with us for a Family Wealth Planning Session™.


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HOW AND WHEN TO TALK TO YOUR CHILDREN ABOUT MONEY



Whether you consider yourself wealthy or not, you need to think about how (and when) you’ll talk with your children about money, whether they’re little kids, tweens, teens, or already adults.


The Wall Street Journal article “The Best Way for Wealthy Parents to Talk to Children About Family Money” offers guidelines for how and when “the money talk” should take place. Based on interviews with multiple financial experts, the article suggests these discussions should happen in three stages during the child’s lifetime.


Here, we’re showing you how each of these three stages apply to your family wealth as a whole, regardless of how much—or how little—money you have at the moment:


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ESTATE PLANNING TIPS FOR ENSURING YOUR PETS ARE PROPERLY CARED FOR



It’s sad but true that many pets end up in shelters after their owner dies or becomes incapacitated. In fact, the Humane Society estimates that between 100,00 to 500,000 pets are placed in shelters each year for exactly this reason, and a large number of these animals are ultimately euthanized.


Whether we like it or not, the law considers pets to be nothing more than personal property just like cars, furniture, and electronic devices. In light of this cold reality, it’s vital that you provide for your pet’s future care through estate planning, so when you die or if you become incapacitated, your beloved friend won’t wind up in a shelter or worse.


The following tips offer helpful advice to ensure your faithful companion receives the best possible care when you’re no longer able to do it yourself.


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CHOOSING THE RIGHT LIFE INSURANCE POLICY



While purchasing life insurance may seem pretty straightforward, it’s actually quite complex, especially with so many different types available.


In order to offer some clarity on the different types of policies out there, we’ve broken down the most popular kinds of life insurance here and discussed the pros and cons that come with each one.


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Estate planning best practices gleaned from
Famous celebrity deaths



Discussing death can be awkward, and many people would prefer just to ignore estate planning all together. However, ignoring—or even putting off—such planning can be a huge mistake, as these celebrity stories will highlight.


The next time one of your relatives tells you they don’t want to talk about estate planning, share these famous celebrities’ stories to get the conversation started. Such cautionary tales offer first-hand evidence of just how critical it is to engage in estate planning, even if it’s uncomfortable.


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COMMON ESTATE PLANNING ISSUES YOU MUST NAVIGATE WHEN CONTEMPLATING A SECOND MARRIAGE



These days, second and even third marriages are fairly commonplace. And the estate planning issues that arise from multiple marriages can be highly complex and confusing.


Merging two families into one presents unique legal and financial challenges that can cause significant conflict and distress unless effective estate planning has been put into place early on. Here are a few of the most common issues that blended families should keep in mind when it comes to estate planning.


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5 COMMON ESTATE PLANNING MISTAKES AND HOW TO AVOID THEM



Since estate planning involves thinking about death, many people put it off until their senior years or simply ignore it all together until it becomes too late.


This kind of unwillingness to face reality can create major hardship, expense, and mess for the loved ones and assets you leave behind.


While not having any estate plan is the biggest blunder you can make, even those who do create a plan can run into trouble if they don’t understand exactly how estate plans function.


Here are some of the most common mistakes people make with estate planning:


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WHAT HAPPENS TO YOUR FACEBOOK ACCOUNT WHEN YOU DIE?



If you’re active on social media, Facebook probably plays a prominent role in your life. And now the social media titan can even play a role in your afterlife.


Today, estate planning encompasses not only your tangible assets—bank accounts and real estate—but your digital assets as well, such as cryptocurrency, websites, and social media accounts. Though social media may seem trivial compared to the rest of your personal property, a Facebook account functions as a virtual diary of your daily life, making it a key part of your legacy—and one you’ll likely want to protect.


Because social media is so new, there are very few state laws governing how your Facebook account should be handled upon your death. In light of this, Facebook itself is in nearly total control of what happens to your profile after you die. And without proper planning, your post-mortem Facebook presence can haunt the loved ones you leave behind.


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4 Warning signs your elderly relative may be the victim of financial abuse



Some of the most disturbing crimes against the elderly involve financial exploitation. While physical abuse is often easy to spot, financial abuse can be more difficult to detect, as victims often have no idea they’re being swindled until their money suddenly vanishes. Most victims are more than 70 or 80 years old, and involve crimes like fraud, embezzlement, identity theft, along with welfare and insurance scams. If you’re caring for an elderly loved one, be on the lookout for the following red flags of financial abuse:


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PLANNING TO PROTECT YOUR ASSETS



Asset protection planning is an important step to take in safeguarding your hard-earned assets from being lost, inadvertently, because you overlooked something important.


The most foundational level of asset protection is to plan for what will happen to your assets in the event of your incapacity or death because you are 100% guaranteed to have one or both of those happen to you.


If you become incapacitated or die without proper planning in place, your assets will get stuck in the court system, and could be delayed in getting to your loved ones’ or even lost. If you have not reviewed your planning for death or incapacity in the past couple of years (or ever at all), you will want to call us for a Family Wealth Planning Session as soon as possible.


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Stuart Williams, Esq.
Family Trust Lawyer,
Husband, Father of Two
Little Ones, Serving the
Greater Lansing Area



Selected by Three Best
Rated for Estate Planning
Lawyers in Lansing



Stuart Williams, Esq.
Estate Planning Lawyer





Family Wills & Trusts, PLC
115 W. Allegan St., Suite 720
Lansing, MI 48933



We provide personal legal planning to parents throughout Michigan but work mostly with parents from DeWitt, East Lansing, Grand Ledge, Haslett, Holt, Lansing, Dimondale, Okemos, Mason, and outlying areas of Greater Lansing.


If you've loved working with your Family Wills & Trust Lawyer, or know someone who could benefit from our unique style of estate planning for parents, please share our website with them: www.FamilyWT.com


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