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Tag: estate

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As we continue to embrace the digital world, the increase in online scams and cyber threats is an unfortunate reality. These risks impact everyone, including legal professionals who handle sensitive client information. However, with the right precautions, you can protect yourself from these digital dangers. It’s equally important to understand how lawyers safeguard client data against these threats. Let’s explore effective strategies for personal security online and the protective measures legal professionals implement for their clients.

In the spirit of “Star Wars Day” (May the Fourth), let’s call these cyber threats the “Dark Side” for a bit of thematic fun.

Seven Essential Tips to Shield Yourself from the Dark Side

  1. Confirm Identities: Always verify the identity of anyone requesting your personal details online. Scammers frequently pose as reputable companies. If a message seems suspicious, reach out directly to the company through official channels.
  2. Strengthen Your Passwords: Use long, unique passwords combining letters, numbers, and symbols. Avoid predictable patterns and consider using a password manager to keep track of your different passwords securely.
  3. Be Wary of Links and Attachments: Don’t click on links or download attachments from unfamiliar sources. These can redirect to fraudulent websites or download malware onto your device. If uncertain, it’s safer to avoid engaging.
  4. Update Regularly: Keep your operating systems and applications up to date to protect against vulnerabilities. Use reputable antivirus software to further safeguard your devices.
  5. Educate Yourself on Scams: Familiarize yourself with common scams like phishing. Awareness is your primary defense.
  6. Verify Unsolicited Calls: If contacted by someone claiming to be from a bank or a government agency, or even a relative in crisis, hang up and call back using a number you trust. Establish a family emergency code phrase to confirm identities in urgent situations.
  7. Never Allow Remote Access: Do not grant remote access to your computer unless you initiated contact with a legitimate tech support team yourself. Scammers often impersonate credible businesses to gain access.

What to Do if You Fall Victim to the Dark Side

Despite your best efforts, if you find yourself scammed, act swiftly. Notify your bank or service provider to secure your account if sensitive information was compromised. Change your passwords immediately, ensuring they are robust and unique. Report the incident to help prevent further fraud, whether it’s through local authorities, consumer protection agencies, or online platforms.

As we continue to embrace the digital world, the increase in online scams and cyber threats is an unfortunate reality. These risks impact everyone, including legal professionals who handle sensitive client information. However, with the right precautions, you can protect yourself from these digital dangers. It’s equally important to understand how lawyers safeguard client data against these threats. Let’s explore effective strategies for personal security online and the protective measures legal professionals implement for their clients.

In the spirit of “Star Wars Day” (May the Fourth), let’s call these cyber threats the “Dark Side” for a bit of thematic fun.

Rest Assured, Your Legal Guardians are on Watch

At Peaceful Warrior Law, we go beyond merely dispensing legal advice; we serve as lifelong, trusted advisors. If you’ve been impacted by a scam, we’re prepared to help fortify your defenses against future incidents. We specialize in creating robust estate plans that not only secure your data but also safeguard your legacy. If your elderly relatives are without an up-to-date estate plan, we can assist in protecting their assets and information too.

We Can Help

Interested in learning more about how we can help you and your family establish a secure Life & Legacy estate plan? Schedule a complimentary 15-minute consultation with us today.

This blog serves as an educational resource from our Personal Family Lawyer® Firm, ensuring you’re well-informed about crucial decisions for your life and your loved ones. To start organizing your estate or to discuss further how to protect your legacy, please contact our office to arrange a Family Wealth Planning Session.

Note: This content, sourced for educational and informational purposes, should not replace specific legal advice tailored to your circumstances.

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As an Estate Planning Attorney, I often take on the role of “Money Protector.” The reason being is that an estate plan is the effective management and distribution of assets on behalf of a person during their incapacity or at their death. Over 70% of Americans don’t have an estate plan in place, which means their family is paying tens of thousands of dollars to the government at their death, all of which can be avoided.

Over the many years of counseling clients, these are the 6 things, that I would never do, as a Money Protection Attorney:

THING 1: I would never leave anything to my kids when I die, instead I would leave everything to a trust where my kids are named as the beneficiary on that trust.

By opting to create a living trust and have your trust own your assets, whereby your kids are named as the beneficiaries on that trust, provides several advantages. The three main advantages that leaving your assets to a trust can provide are: 1) Control; 2) Creditor and Asset Protection; 3) Tax Strategies.

  1. Control: Creating a trust and naming your kids as the beneficiaries of the trust, as opposed to just having a Will or not having a plan in place at all, allows you to have more control over your assets, even after your death. You can specify how and when the assets are to be distributed, which can be especially beneficial if you have concerns about the maturity or financial management skills of your children at the time of your passing.
  2. Creditor and Asset Protection: A trust can provide protection for the assets from creditors, legal judgments, or divorces that your children might experience. This is because the assets are not in your children’s names directly but in the trust.
  3. Tax Strategies: A proactive plan that includes a trust whereby assets are held in the trust and then distributed to your kids allows you to structure your trust in a way that can minimize estate taxes, thereby preserving more of your wealth for your beneficiaries under current tax laws.

THING 2: I would never name my minor children as beneficiaries on my life insurance accounts, instead I would set up a trust and designate my trust as the beneficiary of my life insurance accounts and name my kids as the beneficiary of the trust.

Naming minor children directly as beneficiaries on life insurance policies or other financial accounts often presents several practical and legal challenges. Here’s why it might be more advantageous to set up a trust and name the trust as the beneficiary, with your children as the beneficiaries of that trust:

  1. Legal Limitations for Minors: Minors cannot legally control property or finances until they reach the age of majority (18 in most states). If you pass away when your children are still minors and they are direct beneficiaries, the court will typically appoint a guardian to manage the funds until they reach adulthood. This process can be time-consuming, costly, and might not necessarily align with your intentions for the management of the funds.
  2. Control Over the Funds: By using a trust, you can specify exactly how and when the money should be distributed to your children. This can include stipulations for education, health, maintenance, and support, or dispersing funds at certain ages or milestones, like graduating from college. This helps ensure the money is used in a way that benefits their long-term well-being.
  3. Protection from Creditors and Divorce: Assets held in a trust are generally protected from the beneficiaries’ creditors, legal judgments, or divorce settlements. This protection helps ensure that the assets are preserved for the intended purpose of supporting your children, rather than being vulnerable to external claims.
  4. Avoiding Probate and Privacy: Trusts can help bypass the probate process, which is public and can be lengthy and expensive. By having the trust as the beneficiary, the disbursement of life insurance proceeds can be handled privately and swiftly according to the terms you’ve established.
  5. Tax Considerations: Depending on the size of your estate and the structure of the trust, there can be significant tax advantages to using a trust to manage and distribute your assets, including life insurance payouts.

THING 3: I would never add my childrens’ name to my home to get around medicaid recovery. Instead I would put my home in a medicaid asset protection trust and my children would be the benefits of that trust.

Adding your children’s names directly to the deed of your home might seem like a straightforward way to manage estate planning and Medicaid planning, but it can lead to several significant issues, particularly regarding Medicaid asset recovery. Here’s why it’s often a better strategy to establish a Medicaid Asset Protection Trust (MAPT) instead:

  1. Medicaid Asset Protection Trust (MAPT): A better alternative might be to place the home into a MAPT, naming your children as beneficiaries. This type of trust is designed to own assets like your home while allowing you to retain some benefits, such as living in the home. Here’s why it’s effective:
    • Protection from Estate Recovery: Assets in a MAPT are typically protected from Medicaid’s estate recovery, as the assets technically no longer belong to you.
    • Maintaining Medicaid Eligibility: Since the assets in a MAPT are not considered yours for Medicaid eligibility purposes (assuming the trust is irrevocable and properly set up before the look-back period), it helps in maintaining eligibility for Medicaid.
    • Control and Management: With a MAPT, you can appoint a trustee who manages the trust according to the terms you’ve set, providing a structured way to handle the property and other assets without exposing them to the risks associated with direct ownership by children.

Setting up a MAPT can be complex and requires careful planning and timing to ensure compliance with Medicaid rules and to achieve your estate planning goals effectively. It’s crucial to work with an attorney who is familiar in Medicaid planning and trusts to ensure that the structure of the trust meets legal requirements and aligns with your objectives.

THING 4: I would never add my children’s name to my deed as a way to get around probate court. Instead I would put my home in a living trust and my children would be beneficiary of that trust.

Adding your children’s names to the deed of your home as a way to avoid probate can seem like a simple solution, but it has several potential pitfalls and legal complexities. Here’s why adding your children’s name to the deed can pose several problems:

  1. Legal and Financial Risks: When you add your children to the deed, they become part-owners of the property immediately. This exposure means that any financial difficulties, legal problems, or liabilities they face (such as divorces, bankruptcies, or lawsuits) could threaten the home. Creditors could potentially place liens on the property or seek to recover debts through your children’s ownership interest.
  2. Loss of Control: By adding your children to the deed, you dilute your control over the property. Major decisions such as selling or refinancing the property would require their consent, which could limit your flexibility and autonomy, particularly if there are disagreements or if logistical issues arise, such as a child living far away or being unresponsive.
  3. Potential Gift Tax Consequences: Transferring part ownership of your home to your children is considered a gift for tax purposes and may trigger federal gift tax liabilities if the value of the share exceeds the annual gift tax exclusion amount.
  4. Capital Gains Tax Implications for Children: If your children are added to the deed and later sell the property after your death, they might not qualify for the full homeowner’s capital gains exclusion typically available when selling a primary residence. This could result in a significant capital gains tax if the home has appreciated in value.

THING 5: I would never make my kids go through probate court — instead I would create a living trust which would avoid probate court.

Probate Court is the State’s plan for you if you don’t have an estate plan created for yourself. If you die with assets titled in your name, such as the deed to your real estate, the title of your bank accounts and investment accounts, or a single member owned business, you are leaving your family to have to go to probate court. Probate court can be thought of as the court’s supervision of transfer of ownership.

A more structured and safer way to avoid probate and ensure smooth transfer of your property after your death is to set up a trust, such as a revocable living trust. Here’s why:

  • Avoids Probate: The property in the trust does not go through probate, which can expedite the distribution process to your beneficiaries and keep it private.
  • Full Control During Lifetime: You can maintain control over the property as the trustee of your trust. This arrangement allows you to manage, sell, or refinance the property as you see fit during your lifetime.
  • Protection from Creditors and Lawsuits: Since the trust owns the property, your children’s creditors or legal issues typically cannot affect the home.
  • Stepped-Up Basis: Upon your death, your children can benefit from a stepped-up basis for tax purposes, potentially reducing capital gains taxes if they sell the property.
  • Flexibility and Specific Terms: You can specify in the trust document how and when your children will inherit the property, allowing you to address any concerns about their maturity, financial management skills, or other personal circumstances

THING 6: I would never create a Will and make my kids go through Probate Court. Instead I would create a living trust which would avoid probate court.

Probate Court is also the process in which the court validates your Will and distributes a decedent’s assets. In other words, if all your family has is a Will, they WILL be going through probate court.

A Will alone is not sufficient to keep your family out of probate court. A trust is.

BONUS TIP: I would never leave this earth without a good plan in place to protect my loved ones.

A comprehensive estate plan includes the following:

  1. A Revocable Living Trust
  2. A Pour-Over Will
  3. Financial and Medical Powers of Attorney
  4. HIPAA authorizations
  5. Funeral Instructions
  6. Minor’s Guardian Nominations
  7. Fully Funded Trust and Updated Beneficiary Designations

The question you need to ask yourself is: What experience do I want the people who I love to have to go through in order to become owners of the assets I want to transfer to them?

It’s crucial to remember that estate planning is about more than just documents; it’s about informed decisions that shape your future and the future of your family. To take your financial organization to the next level and make the best choices for your loved ones. Click here to schedule a Family Wealth Planning Session™ with us. Mention this article, and you can access this valuable $750 session at no charge.

As always, we’re here to support you on your journey toward financial security and peace of mind. Financial planning is a dynamic process, and with the right strategies in place, you can confidently navigate the ever-changing financial landscape and achieve your long-term goals.

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As a parent, you have probably thought about the importance of naming permanent legal guardians for your child in case something happens to you, and maybe you have already done it. If you haven’t yet, take this as the sign that now’s the time to do it, in case the unthinkable happens to you. 

But in some cases, naming permanent legal guardians for your child may not be enough to guarantee your kids will always be cared for in the way you want by the people you want. And, there may even be a risk of your kids being taken into the care of strangers or someone you would never want.

Read on to find out if that’s the case for your family, and if it is, contact us ASAP to get your Kids Protection Plan in place. 

 

You Leave Your Kids With Non-Related Caregivers 

If you ever leave your minor kids with a caregiver who isn’t a grandparent, aunt, or other family member that the authorities would naturally leave your kids with if something happens to you, this is what could happen.

Your kids are home with the babysitter. You don’t make it home, and the authorities are called. The authorities show up at your house, and what would they do?

Would they leave your children at home with the person taking care of them while they attempt to find your Will or legal guardian nomination? Would they even be able to find your legal documents? Would your legal documents name someone who would be immediately available to come to stay with your children, and would the authorities leave your children with those people without a court order?

If not, you need a Kids Protection Plan® to fill in the gap. 

Permanent guardian nominations only take effect upon your passing and are made official through the court system. This means that they do not give any legal authority to your chosen guardians in an emergency or if you become incapacitated. 

Because of this, law enforcement could place your child into protective custody with social services in the event of your sudden absence or incapacity due to an illness or injury. To minimize the chances that would happen, we can name legal guardians for the short-term, and give those named guardians the legal documentation they would need and instructions on what to do immediately if something happens to you. 

In addition, we will give you the tools to ensure that anyone staying with your children while you aren’t there knows exactly what to do if something happens to you. 

 

You Have Someone In Your Life You Would NEVER Want Raising Your Kids 

While this may not apply to you, if it does, you absolutely, 100%, without question need to contact us for a Kids Protection Plan® STAT. If you have anyone in your life you would never want raising your kids if you aren’t able to due to illness or injury, we can ensure that person is confidentially excluded from your plan using a Kids Protection Plan®. And, we can structure it so that this confidential document is only brought forward if necessary to keep your children out of the care of the person you would never want to raise them.

 

You Have Unique Desires For Your Kids’ Education, Health Care or Financial Well-Being

You’ve probably given a lot of thought to how you want to educate your children, the kinds of healthcare decisions you make for them, and how you want them to experience reality from a financial perspective. If that’s the case, then you absolutely want to ensure that anyone raising your children, if you can’t, will know how you would have wanted these decisions to be made. 

Otherwise, if you don’t take the time to leave instructions to the people who could raise your children, they will not know how you would make decisions if you cannot be there to communicate your hopes, dreams, wishes, and desires.

And, here’s the great thing about this … there’s a 99% chance that you are not going to become incapacitated or die while your children are minors (phew), and yet taking the time to write down your unique desires for their well-being and care is an illuminating process in and of itself that will make you a better parent right now.

We hear it again and again from our clients that when they create their Kids Protection Plan® with us, they immediately feel a great deal of relief and a belief that they are being the best parents they can possibly be. They have more clarity about what’s really important to them, what they want to emphasize, who they want their children to develop relationships with, and where they can better focus their own time, energy, and attention.

If you aren’t sure where to start when creating these instructions, don’t worry. We will support you with the whole process when we create your Kids Protection Plan. 

 

Comprehensive Protection for The Ones You Love Most

Nominating permanent legal guardians is an essential piece of your estate plan, but in reality, it often isn’t enough to ensure your child remains in the care of people you choose, know, love, and trust if something happens to you. If your children are ever left with a relative, or if there is anyone in your life you wouldn’t want raising your kids, or if you have unique high-value wishes for the way your children are raised when it comes to their education, health, or financial well-being, you need a full-fledged Kids Protection Plan®. 

If you’re ready to create a Kids Protection Plan® for your child, the first step is to schedule your Life & Legacy Planning™ Session. During the Session, I’ll look at everything you own and everyone you love to get to know your family and your wishes on a personal level. Then I’ll explain how the law would affect your family if something happened to you today, and together, we’ll design a plan that will protect your assets and your loved ones, no matter what.

To get started, click the button below and schedule a complimentary 15-minute call. We can’t wait to protect your children and your entire family through comprehensive planning.

[Schedule a Complimentary Call With Us]

 

This article is a service of Brittany Cohen, Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge. 

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HOW MANY TIMES HAS ONE OF YOUR CLIENTS ASKED YOU “HOW SHOULD I TAKE TITLE TO MY NEW HOME?”

As an estate planning attorney, navigating clients through this pivotal question becomes a crucial aspect of our service. A correctly titled property is not just a matter of legal compliance; it’s a strategic move to ensure the financial security and wishes of the property owners are honored.

Realtors play a pivotal role in not just finding the perfect home for clients but also in navigating the intricate pathways of home ownership. One question that frequently arises, yet is often underestimated in its complexity, is, “How should I take title to my new home?” This question extends beyond the closing of a deal and delves into the realms of legal compliance, financial security, and estate planning. As a realtor, equipping yourself with knowledge on this subject isn’t just adding another feather to your cap—it’s about becoming an indispensable resource to your clients.

Realtors: You have the opportunity to make sure that your clients have all the benefits of rightly titled property and they will definitely thank you for it.

WHY IS TITLING PROPERTY CORRECTLY SO IMPORTANT TO HOMEOWNERS?

The Importance of Correct Titling:

The foundation of estate planning is control. Homeowners want assurance that their wishes, especially regarding their property, will be respected and executed.

If Titled Incorrectly:

If titled incorrectly, the property owner cannot control what happens to the property after he dies; second, if titled incorrectly, the heirs can lose the property to creditors, the government, or even an ex-spouse; third, if titled incorrectly, the heirs will have to pay capital gain on the sale of the property.  

THREE COMMON WAYS TO HOLD TITLE 

JOINT TENANCY:  

The worst part about joint tenancy is the owner who dies first cannot control what happens to the property after his or death.  Joint Tenancy ensures that there will be a probate upon the death of the second joint tenant.  Finally, the surviving joint tenant will pay capital gain on one-half of the property after the death of one joint tenant.

 

COMMUNITY PROPERTY:  

Possibly the most common way for married couples to own property, Community Property causes half of the property owned as community property to be probated upon the first death and the whole property must be probated upon the second death.  Probate is not fun- it is time consuming and costly!  

 

COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP:  

Like joint tenancy, CPw/ROS is a he who dies last wins situation, because the surviving owner controls the disposition of the property on her death.

 

THE FOURTH AND BEST WAY TO OWN PROPERTY – A REVOCABLE LIVING TRUST:  

Realtors: Present this option as a comprehensive solution, offering control, protection, and tax efficiency. It’s an avenue to sidestep probate, maintain privacy, and ensure a seamless transfer of the estate.

The best way for your homeowners to own their property is in a revocable living trust.  

  • A properly drafted and funded trust will avoid time consuming, expensive and public probate upon the first death and the second death.  
  • A revocable living trust will make sure that the right people receive the property after the death of both owners and that it doesn’t go to creditors, predators, or future spouses.  
  • Property received by the heirs can usually be sold free of any capital gain tax and can be protected from creditors and predators of the heirs.

Empowering Conversations with Knowledge:

Your role as a realtor is evolving. Clients are looking for more than property listings—they are seeking informed guidance. By understanding the implications of each title option, you can engage in deeper, more meaningful conversations with your clients, positioning yourself as a trusted advisor.

Revocable living trusts extend beyond financial savings, morphing into a protective shield for the property and its intended beneficiaries. In a world where creditors and predators lurk, having a well-structured trust is akin to building a fortress around the estate. It’s an assurance that the property will transition according to the explicit wishes of the owners.

The Realtor’s Advantage with Revocable Living Trusts:

Revocable living trusts stand out for their multifaceted benefits. Educate your clients about this option; explain how it enhances control, minimizes tax liabilities, and acts as a shield against third-party claims. When clients realize you’re not just about the sale but genuinely invested in their long-term welfare, your reputation and relationships will be solidified.

Conclusion:

In the competitive world of real estate, the realtors who stand out are those who offer value beyond the conventional services. Equip yourself with the knowledge of property titling, and transform each client interaction into an opportunity for empowerment. You’re not just helping clients buy a property—you’re guiding them to secure their legacy, and in doing so, you’re building your legacy as a realtor of distinction. Your informed advice on property titling won’t just close deals; it will open doors to enduring client relationships, referrals, and a reputation anchored in trust and expertise.

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Introduction

California’s Proposition 19, passed by voters in November 2020 and implemented on February 16, 2021, has redrawn the landscape of real estate taxation and inheritance. With these significant changes, estate planning strategies must evolve to encompass the new tax implications for inherited properties.

Before Prop 19: Property owners could pass their primary residences, and up to $1 million of other property, to their children (or grandchildren if both parents are deceased) without triggering a reassessment of the property’s value for tax purposes Cal. Const. art. XIII A, § 2.

The Mechanics of Proposition 19

Tax Base Transfer

Under Proposition 19, homeowners aged 55 or older, severely disabled, or victims of natural disasters are allowed to transfer their property tax base to a replacement residence up to three times California Board of Equalization.

Example:

Jane, a 57-year-old homeowner, decides to downsize. Thanks to Proposition 19, she can move from her family home in Silicon Valley to a smaller property in San Diego without experiencing a hike in her property tax, even though the market value of the new home is higher.

Before Prop 19:
  • Parents could transfer primary residences to their children without a change in the property tax base. They could also transfer up to $1 million of assessed value in other properties, like vacation homes or rental properties.
After Prop 19:
  • The property tax base can only be transferred if the child uses the inherited property as their primary residence, and there’s now a cap on the assessed value exclusion. Vacation homes or rental properties do not receive the basis transfer.

Inheritance Rules

The proposition modifies the rules around the inheritance of property tax bases California Legislature.

Implications for Estate Planning

1. Impact on Heirs

a) Increased Taxes:

Heirs inheriting properties that are not used as their primary residence or exceed the value exclusion cap will face higher property taxes, which could make inheriting and maintaining such properties financially unsustainable.

Example 1:

  • Before Prop 19: Alex’s parents leave him a family home with an assessed value of $500,000. Regardless of whether Alex decides to live there, rents it out, or leaves it vacant, the property’s assessed value for tax purposes remains $500,000.
  • After Prop 19: If Alex decides not to live in the inherited home, the property will be reassessed at its current market value, which could be significantly higher, leading to an increase in property taxes.

Example 2:

  • Before Prop 19: Sarah inherits her parents’ primary residence and a vacation home with a combined assessed value of $1.5 million. Neither property’s assessed value is reassessed for property tax purposes.
  • After Prop 19: Only the primary residence may be excluded from reassessment, and only if Sarah uses it as her own primary residence. The vacation home would be reassessed at current market value.
b) Selling Inherited Properties:

Given the new tax burdens, heirs may be compelled to sell inherited properties, a shift that could impact family legacies and long-term estate planning strategies.

Example:

Maria, who inherits her parents’ $2 million family home where the property tax is based on a $500,000 assessed value, will face a reassessment if she doesn’t move into the home. The increased property tax could make it financially challenging for Maria to keep the home, prompting a sale.

Implications for Estate Planning Strategies

a. Review and Update:

Individuals and families need to revisit their estate plans to accommodate these changes, especially those plans that include leaving homes to children.

b. Gifting Properties:

Some might consider gifting properties to their heirs before death to circumvent the new rules, though this comes with its own tax implications.

c. Trust Adjustments:

Estate planners will need to consider adjustments to trusts to optimize for the new tax landscape and minimize the financial impact on heirs.

Financial Planning Intersection

Wealth Management:

For wealthier individuals, the intersection of estate planning and financial planning becomes critical. The impact of Prop 19 may require diversifying assets or finding alternative methods to transfer wealth while minimizing tax impacts.

Real Estate Decisions

Downsizing:

Older adults might consider the implications of Prop 19 in their decisions to downsize or relocate, balancing the benefits of transferring their tax base with the limitations imposed on their heirs.

Adjusting Inheritance Strategies

Prop 19 limits the transfer of low property tax bases for inherited properties unless used as a primary residence by the heir, and even then, it is subject to a new value cap.

Example:

Mark inherited a property valued at $2 million from his parents. The original tax base was $500,000. Under Prop 19, if Mark does not use the property as his primary residence, the property will be reassessed at its current market value, leading to a significant increase in annual property taxes.

Navigating the Legal Terrain

Legal Citations

Prop 19 alters the application of sections 2.1 and 2.2 of Article XIII A of the California Constitution, impacting the reassessment rules of transferred property between parents and children or grandparents and grandchildren if the parents are deceased California Legislature.

Expert Consultation

The complexity of the proposition underscores the necessity of consulting with estate planning attorneys to revise and adapt existing plans, ensuring that they align with the new tax landscape while optimizing asset preservation and minimizing tax liabilities.

Conclusion

The implementation of Proposition 19 is a pivotal development with profound implications for real estate owners and heirs in California. It necessitates an in-depth review and, potentially, a comprehensive revision of estate plans to navigate the new tax implications effectively. Armed with informed insights and strategic adjustments, property owners can transition from reactive postures to proactive planning, turning the challenges of Proposition 19 into opportunities for optimized estate management and asset transitions.

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For California’s real estate owners, weaving through the intricacies of estate planning can be akin to navigating a labyrinth. However, with strategic planning, understanding of tax laws, and adept utilization of estate planning tools, property owners can ensure that their assets are not only protected but also serve as a legacy for generations. This article will explore the comprehensive steps, legal considerations, and practical examples to optimize estate planning for real estate owners in California.

California Homeowners Should have a Living Trust

Table of Contents

  1. DETAILED PLANNING WITH RELEVANT LAWS
    • Understanding Proposition 19
    • Navigating Federal Estate Tax Laws
  2. HOW A TRUST PROVIDES PROTECTION
    • Benefits of Establishing a Trust
    • Why a Revocable Living Trust is Usually Best
    • Other Types of Trusts That Provide Different Types of Protection
  3. EXAMPLES OF HOW COMPLEX ASSETS SUCH AS REAL ESTATE ARE INTEGRATED INTO INTO ESTATE PLANS 
    • Incorporating a Living Trust
  4. HOW DO YOU KNOW WHICH TYPE OF TRUST IS RIGHT FOR YOU?
    • Revocable Living Trust
    • Irrevocable Living Trust
    • Domestic Asset Protection Trust
    • Medicaid Asset Protection Trust

1. DETAILED ESTATE PLANNING WITH RELEVANT LAWS IN CALIFORNIA

A) Understanding Proposition 19

Under Proposition 19, effective February 16, 2021, California homeowners who are 55 or older, severely disabled, or victims of wildfires and natural disasters can transfer their property tax base to a new residence of any value anywhere in the state up to three times during their lifetime California Board of Equalization.

Prior to Proposition 19, homeowners would be able to pass down real property to their heirs and preserve their tax basis, wholly discouraging people to sell their family property and istead, opt to continue to pass it down from one generation to the next.

Example:

Let’s consider John, a 60-year-old long-term homeowner in San Francisco. His home, purchased two decades ago, has an assessed value of $500,000, although its current market value is $2 million. His annual property taxes are based on the assessed value, leading to substantial savings.

With Proposition 19 in effect, John has the option to purchase a new home in Los Angeles, valued at $2 million, without seeing a spike in his property taxes. He can transfer the $500,000 assessed value (adjusted for the difference in the market price of the two homes) to the new property, resulting in considerably lower property taxes than if the new home were taxed at its full market value.

B) Navigating Federal Estate Tax Laws

As of my knowledge cut-off in 2022, the federal estate tax exemption is at $11.7 million for individuals and $23.4 million for couples, indexed for inflation IRS.

Example:

If Sarah, a homeowner in San Diego, has an estate valued at $10 million, including her real estate, she won’t owe federal estate taxes upon her death, safeguarding her heirs from this financial burden.

2. HOW A TRUST PROVIDES PROTECTION FOR HOMEOWNERS IN CALIFORNIA

A) Benefits of Establishing a Trust

In California, establishing a trust can offer significant protection for homeowners by ensuring their property is managed according to their specific desires and providing a shield against probate proceedings upon death. By placing your home into a trust, you maintain control over the property during your lifetime while designating a successor trustee to manage the property upon your passing. This strategy not only facilitates a smoother and faster transfer of property to your designated beneficiaries but also helps protect the asset from public scrutiny and the often lengthy and costly probate process. Trusts can also offer a layer of privacy and may provide some protection against creditors, making them a wise consideration for anyone looking to safeguard their most valuable asset—their home.

There are many different types of trusts, but the type of trust that is the most foundational for all homeowners in California is the “Revocable Living Trust.”

B) Why A Revocable Living Trust is Usually the Best Option

A revocable living trust is a legal entity created to hold ownership of an individual’s assets during their lifetime and to specify how those assets are to be handled after their death. This type of trust is called “revocable” because it can be altered or completely revoked by the trustor (the person who creates the trust) at any point during their life, as long as they remain mentally competent. The trustor typically acts as the trustee, managing the trust’s assets, which might include real estate, bank accounts, and investments. Upon the trustor’s death, the trust becomes irrevocable, meaning it can no longer be changed, and the successor trustee then steps in to manage or distribute the assets according to the trust’s terms. This setup helps bypass the often lengthy and costly probate process, provides privacy since the trust details do not become part of the public record, and can offer more precise control over the distribution of assets to beneficiaries.

C) Other Types of Trusts That Provide Different Types of Protection

  • Irrevocable Trust

An irrevocable trust is a type of trust where the terms cannot be modified, amended, or terminated without the permission of the grantor’s named beneficiaries once it has been created. Unlike a revocable trust, the grantor, once they transfer assets into an irrevocable trust, effectively removes all of their ownership rights over those assets. This transfer is permanent, providing significant benefits such as protection from creditors and legal judgments, as well as potential tax advantages. Because the assets no longer belong to the grantor, they are not included in the grantor’s taxable estate, potentially reducing estate taxes. Irrevocable trusts are often used for asset protection, to provide for a beneficiary who shouldn’t directly inherit assets due to incapacity or irresponsibility, and for charitable estate planning.

  • Domestic Asset Protection Trust

A Domestic Asset Protection Trust (DAPT) is an irrevocable trust established under specific U.S. state laws to shield a grantor’s assets from creditors and legal claims. By transferring assets into a DAPT, the grantor relinquishes ownership but can still potentially benefit as a discretionary beneficiary, managed by an independent trustee. This structure ensures that the assets are generally inaccessible to creditors and not included in the grantor’s personal estate, providing significant protection while allowing the grantor some level of access to the trust’s benefits. DAPTs are particularly appealing to high-net-worth individuals seeking effective asset protection strategies.

  • Medicaid Asset Protection Trust

A Medicaid Asset Protection Trust (MAPT) is a type of irrevocable trust designed to protect an individual’s assets from being counted for Medicaid eligibility purposes. By placing assets into a MAPT, individuals can safeguard their wealth, ensuring it is not depleted by the costs of long-term healthcare, while potentially qualifying for Medicaid benefits. The trust must be properly structured and adhere to strict regulations, including a look-back period, typically five years, during which assets transferred into the trust may still be considered by Medicaid in determining eligibility. The grantor of the MAPT relinquishes control over the assets and cannot be the trustee, but they can designate who will receive the trust’s assets after their death. This setup allows the assets within the trust to be protected from both Medicaid recovery and other creditors, ensuring that the grantor’s legacy can be preserved for their beneficiaries.

3. EXAMPLES OF HOW COMPLEX ASSETS (SUCH AS REAL ESTATE) ARE INTEGRATED INTO ESTATE PLANS

A) Incorporating a Living Trust

Living trusts are pivotal for California property owners. They ensure that real estate and other assets are passed on seamlessly without going through probate, which can be a public, time-consuming, and expensive process.

Example:

Matthew, owning a beachfront property in Malibu, places it in a living trust. Upon his passing, the property is transferred to his daughter, Lisa, without undergoing probate, ensuring privacy and expediency.

B) Utilizing Gift Deeds

While gifting property can be an efficient method of asset transfer, it’s pivotal to understand the tax implications. The annual gift tax exclusion and lifetime gift and estate tax exemption play a crucial role IRS.

Example:

David gifts a condo in Sacramento to his son, Alex. Given the current annual gift tax exclusion, if the property’s value is within the allowable limits, there will be no immediate tax implications for either party.

4. HOW DO YOU KNOW WHICH TYPE OF TRUST IS RIGHT FOR YOU?

Choosing the right trust for a California homeowner who currently lacks an estate plan depends on their specific goals, financial situation, and needs for asset protection. Here’s a brief guide to help determine the most suitable type of trust:

  1. Revocable Living Trust: Ideal for homeowners who desire flexibility and control over their assets. This trust allows the grantor to retain control over the assets during their lifetime, including the ability to amend or revoke the trust. It helps avoid probate, provides privacy, and ensures that assets are distributed according to the grantor’s wishes upon their death. It’s a good fit if the primary concern is simplifying the administration of the estate rather than asset protection from creditors.
  2. Irrevocable Living Trust: Suitable for those who are willing to relinquish control over their assets for the benefit of asset protection and potential tax advantages. Once assets are transferred into this trust, the grantor cannot modify the trust without the beneficiaries’ consent. This trust offers stronger protection against creditors and can reduce estate taxes, making it a good choice for individuals with significant assets who are also concerned about future liabilities and estate tax implications.
  3. Domestic Asset Protection Trust (DAPT): Appropriate for individuals with substantial assets who seek to protect their wealth from potential future creditors while maintaining some beneficial interest in the trust. This type of trust is particularly effective in states that allow for DAPTs, providing strong creditor protection while allowing the grantor to remain a discretionary beneficiary.
  4. Medicaid Asset Protection Trust (MAPT): Best suited for individuals concerned about future medical costs and the possibility of depleting their estate through long-term care expenses. This trust protects assets from being counted for Medicaid eligibility, but it requires careful planning to comply with Medicaid’s look-back period and other eligibility criteria.

For a California homeowner starting an estate plan, a revocable living trust often serves as a foundational component due to its flexibility and the control it offers. However, if the homeowner is particularly concerned about protecting assets from creditors or ensuring Medicaid eligibility, considering an irrevocable trust, DAPT, or MAPT might be more appropriate. Each type of trust serves different purposes and comes with its own set of legal and financial considerations, so it’s essential to evaluate the homeowner’s individual circumstances and objectives thoroughly. Consulting with a specialized estate planning attorney can provide tailored advice and ensure that the chosen trust aligns with the homeowner’s overall estate planning goals.

Conclusion

Owning real estate in California presents both an opportunity and a responsibility. Through comprehensive estate planning infused with an intricate understanding of state and federal tax laws, property owners can turn potential complexities into streamlined, cost-effective processes that ensure asset preservation and legacy building.

Key Takeaways

  • Stay updated with the evolving tax landscape, including state-specific propositions and federal tax laws.
  • Incorporate specialized estate planning tools like living trusts to facilitate efficient asset transitions.
  • Regularly review and adapt your estate plan, considering the dynamic nature of the real estate market, tax laws, and individual asset portfolios.

It’s crucial to remember that estate planning is about more than just documents; it’s about informed decisions that shape your future and the future of your family. To take your financial organization to the next level and make the best choices for your loved ones. Click here to schedule a Family Wealth Planning Session™ with us. Mention this article, and you can access this valuable $750 session at no charge.

As always, we’re here to support you on your journey toward financial security and peace of mind. Financial planning is a dynamic process, and with the right strategies in place, you can confidently navigate the ever-changing financial landscape and achieve your long-term goals.

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If you own real estate, chances are you have purchased insurance to protect your assets against damage or loss. But have you taken the necessary steps to protect your assets against lawsuits or probate?

If you own rental properties, there is likely a nagging fear in the back of your mind about being sued by one of your tenants. And if there isn’t, there probably should be. It’s a major risk.

And while it may be heartbreaking to think about, there is always a chance your death could trigger a family feud over your home, vacation home or other real estate investments.

Two common estate planning tools for real estate asset protection include limited liability companies (LLCs) and trusts:

LLC

If you have income-producing property, then an LLC probably makes sense for you, since it protects your personal assets from lawsuits or claims that result from your ownership of the real estate. LLCs may also offer owners privacy since the property can be listed in a company name, not in your name directly. However, you must be sure you maintain the LLC properly so the planned for protections remain intact. It’s not too difficult though, especially with counsel.

TRUSTS

If you own vacation home property that you do not rent out on a regular basis, then a trust may be a better choice for you. There are several options: a Qualified Personal Residence Trust (QRPT) is an irrevocable trust (meaning it cannot be changed without the consent of the beneficiaries) that allows an owner to use the property for a fixed term, and then pass the property on to heirs. This is a commonly used structure to reduce the size of your estate for estate tax purposes.

A revocable trust (which can be changed without consent of the beneficiaries) is more flexible and, if you choose a dynasty trust, can last for multiple generations. The major benefit of the revocable trust, besides control of what happens to the assets after the death of the grantors, is that it keeps your assets out of the hands of the Court after your death, and totally within the control of your family.

You can also use a combination of LLCs and trusts to protect real estate assets if you have a combination of primary residence and rental properties. We can help you decide on the best course of action for your individual circumstances.

This article is a service of  Brittany Cohen, Esq., Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

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If you’re a pet owner, you know the special bond that exists between you and your pets, and to many pet owners, our furry friends aren’t just a pet – they’re a loved and important part of our families. So if you’re thinking about how best to provide for your family after you die or if you become incapacitated, it makes sense for your beloved pet to be a part of the plan.

You want your pet to continue to have the kind of love and care you provided during your life, but estate planning for furry friends requires a little more thought than you might expect. 

To understand why, it’s important to know two things:

  • A pet is considered property under the law.
  • When someone receives a gift of property through a will, that person can do whatever they want with that property, including your pet.

A Will Won’t Cut It

While you see them as part of the family, under the law, a pet is considered personal property, just like your money, furniture, and clothes. Because of this, you can’t actually leave money or possessions to your pet directly through your will or trust. Even if you try to leave money directly to your pet in your will, the money will instead skip your pet and pass to the beneficiaries you named to receive the remainder of your possessions. Or, if you didn’t name anyone else, the court will give your possessions, including your pet, to your next of kin, as determined under the law.

Worst of all, the person that receives your pet and money for its care through your will has no legal obligation to use that money for your pet’s care or to even keep your pet at all. That’s why it’s so critically important to work with an estate planning attorney who knows the proper way to plan for your pet, so that when you die or if you become incapacitated, your beloved companion won’t end up in an animal shelter or given away to anyone you wouldn’t want raising your beloved familiar.

A Will Provides No Guarantees For Their Future

Because you can’t leave money to your pet directly, your first thought might be to leave your pet and money for its care to someone you trust through your will instead. While this is an option, it’s not guaranteed to work.

That’s because the person you name as the beneficiary of your pet in your will has no legal obligation to use the funds you leave for your pet’s care for that purpose. Even if you leave detailed instructions for your pet’s care, there is no law holding the beneficiary to accept the responsibility of caring for your pet or stopping them from changing their mind in the future after the court probate process is finished.

You might be thinking that the person you’d leave your pet to loves them and would never think of abandoning them. But even if this person is committed to caring for your pet, it’s simply impossible to predict what circumstances might occur in the future that could make it impossible for them to provide for your pet for your pet’s full lifetime.

For example, when you die, the new caregiver might:

  • Live in an apartment or condo that doesn’t allow pets
  • Suffer from an unforeseen illness that makes it difficult to care for your pet
  • Have an allergy to your pet you knew nothing about
  • Become so busy with work or family that they just don’t have the time to make a lifelong commitment to your pet’s care

A Will Isn’t Fast Enough

The other issue a will creates for your pet is that a will is required by law to go through the court process known as probate before any of your property can be distributed to the people you’ve named, and of course, it only operates in the event of your death, not your incapacity.

The probate process itself can take months or even years to complete. During that time, your pet could be passed around between family members and friends, who may even argue over who should care for it. In the worst-case scenario, no one may even think to check in on your pet regularly while the court process is unfolding.

Plus, a will only goes into effect upon your death, so if you’re incapacitated by accident or illness, it would do nothing to protect your companion. This leaves your pet in limbo and vulnerable to being re-homed to someone you wouldn’t have chosen or wanted to care for your pet. In the worst scenario, your pet could be surrendered to a shelter by the time everything gets figured out.

Provide Long-Lasting Care for Your Pet Through a Pet Trust

In order to be completely confident that your pet is properly taken care of and that the money you leave for its care is used exactly as intended, ask us to help you create a pet trust.

By creating a pet trust, you can lay out detailed, legally binding rules for how your pet’s chosen caregiver (the trustee) can use the funds you leave for your furry friend. And unlike a will, a pet trust doesn’t go through probate, so it goes into effect immediately in the event you become incapacitated or pass away, whereas a will requires the court process called probate to take place before any decisions can officially be made about your pet.

Additionally, in a pet trust, you can name backup trustees who will receive your pet and any funds left for them if the first person you chose as trustee declines to take your pet or isn’t able to care for them in the future. To add even more certainty to your pet’s future, you can name multiple trustees for your pet. In this way, you’d have two people invested in the care of your pet who can see that the money you leave for its care is used wisely.

Finally, all of the care decisions and financial distributions for the care of your pet will happen in the privacy of our office, in the event of your death or incapacity. We’ll guide your decision-makers about how and why you made your decisions, and how they need to care for your pet to receive distributions. You’ll literally have a lawyer ensuring the care of your pet happens as you would want it. While that may seem excessive for some, we have many clients who care that much about the well-being of their pets and want to ensure their care is handled as they want.

Do Right By Your Pet

Don’t leave your beloved pet’s future up to chance. Let us help you create a pet trust that will provide for your furry friend’s long-term care and be there for your pet and your decision-makers when you cannot be.

At our firm, we can help you create a legally binding pet trust that outlines detailed rules for how your pet’s chosen caregiver can use the funds you leave for their care. Unlike a will, a pet trust doesn’t go through probate, which means it goes into effect immediately if you become incapacitated or pass away. We’ll be there for the people you love when you cannot.

Contact us today to schedule a consultation and ensure you’re doing right by your pet.

This article is a service of Brittany Cohen, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

[email protected]

858-427-0539

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I know discussing topics like death, incapacity, and other potentially frightening life events, with someone like me, an estate planning lawyer, may feel intimidating or even morbid. Take a deep breath and relax… it doesn’t have to and shouldn’t be that way.

Hiring a lawyer to help you make wise decisions for life and death can be the most empowering choice you ever make for yourself and your loved ones. The way I explain it to my friends and family is, “estate planning isn’t about planning for your death, it’s about planning for your life.” So, with that frame in mind, let’s talk about how to choose an estate planning attorney, because we aren’t all cut from the same cloth.

The right lawyer will be there for your family when you can’t be, so you want to understand who the lawyer is as a person, not just an attorney. Of course, you’ll also want to discover the services your lawyer offers and how they run their business.

Here are five questions to ensure you don’t end up paying for legal services you don’t need, expect, or want. Once you know exactly what you should be looking for when choosing an estate planning lawyer, you’ll be much better positioned to hire an attorney that will provide the kind of love, attention, care, and trust your family deserves.

01 | How Do They Bill For Their Services?

Your first question to a lawyer may be, “how much does it cost?” But that’s typically only because you aren’t clear on what else to ask. So we’re going to give you an upgrade here.

The first question to ask isn’t “how much does it cost,” but rather, “how do you bill for your services and how do you determine what to bill for your services?”

The right lawyer for you will have a clear answer that helps you understand how they determine how much to charge you and how you’ll be charged. They’ll set clear boundaries and expectations around fees – so there are no surprises.

When working with an estate planning lawyer, find a lawyer who bills for all their services on a flat-fee, no surprises, basis —and never hourly—unless a court requires it for limited “court-related” services.

Your lawyer should determine the fees they charge you only after guiding you through a process of discovery in which they learn about your family dynamics and your assets and educate you about what would happen for your family and assets if and when something happens to you. Through that process, they will help you choose the right plan that meets your budget and desired outcomes.

At my firm, all of our fees are a flat-fee, agreed to in advance, and you choose your fee through our Family Wealth Planning Session process, during which we educate you about the law, and you educate us about your family dynamics and assets. Then, you choose the right plan, at the right price, for the people you love.

02 | How Will Your Lawyer Respond To Your Needs On An Ongoing Basis?

One of people’s biggest complaints about working with lawyers is a lack of responsiveness. We’ve even heard of situations in which clients went weeks without getting a call back from their lawyer. It’s unfortunate, and yet it makes sense when a lawyer doesn’t have systems in place to ensure they can serve their existing clients and respond to the needs of past clients.

So, to ensure your lawyer can be responsive to your needs, ask them how quickly calls are typically returned in their office and if someone will be on-hand to answer quick questions when and as needed.

Ideally, all calls to your lawyer should be pre-scheduled with a clear agenda, so you both can be ready to focus on your specific needs.

03 | How Will Your Lawyer Proactively Communicate With You On An Ongoing Basis?

Sadly, most lawyers fail to communicate regularly with their clients. As a result, if you’ve created an estate plan in the past, you may have had a “checked off the list and done” kind of experience and not even realized that estate planning means a lifetime of wise legal and financial decisions, not a one-and-done kind of thing.

Unfortunately, most lawyers don’t have their business systems set up for ongoing, proactive communication. They don’t have the time to get to know you or your family and then keep your plan up to date throughout your life.

Work with a lawyer who has systems to keep your plan updated to ensure your assets are protected (throughout your life) and who will communicate with you regularly.

Additionally, ask them how they will proactively support you in keeping your plan up to date on an ongoing basis and be there for your loved one’s when you can’t be.

Think of it this way: Your estate plan includes a set of documents, but your plan is far more than those documents. Your plan is an inventory of your assets, which changes throughout your life. It’s a structure and container for who and what your family will turn to when something happens to you.

You want to work with a lawyer with systems to keep your documents up to date and ensure your assets are owned correctly throughout your lifetime. Ideally, the lawyer should get to know you and your family over time so that when something happens, your lawyer can be there for the people you love. There will already be an underlying relationship and trust.

04 | Can You Call About Any Legal Problem Or Just About Matters Within Their Specialty?

Given the complexity of today’s legal world, lawyers must have specialized training in one or more specific practice areas, such as divorce, bankruptcy, wills and trusts, personal injury, business, criminal matters, or employment law. You do NOT want to work with a “door law” attorney – a lawyer who professes to be an expert in whatever random legal issue walks through the door.

That said, you do want your personal lawyer to have broad enough expertise to consult with him or her about all sorts of legal and financial issues that may come up in your life—and trust he or she will be able to offer you sound guidance about whether you have a legal issue, or not. And while your lawyer won’t be able to advise you on all legal matters, he or she should be able to refer you to other trusted professionals who can help you.

Trust me, you wouldn’t want the lawyer who designed your estate plan also to handle your personal injury claim, settle a dispute with your landlord, and advise you on your divorce. But you do want him or her to be there to hear your story, refer you to a highly qualified lawyer who specializes in that area, and overall, serve as your go-to legal consultant.

In this capacity, you can consult your personal lawyer before you sign any legal documents, any time you have a legal or financial issue arise, or whenever anything that might adversely affect your family or business comes up, and know that you’ll get excellent guidance.

05 | What Happens When They Die Or Retire?

We all die, including your lawyer. And they may retire before they die. So be sure to ask what the plan is for your plan and your family when they do.

This is a critically important—and often overlooked—question to ask your lawyer and any service professional before beginning a relationship. Sure, it may be uncomfortable to ask. A client-centered professional will have a succession plan to ensure their clients are cared for no matter what happens to the lawyer managing your plan.

Look for a lawyer with a detailed plan that will ensure that someone warm and caring will take over your planning without any interruption of service.

Here at our law firm, we work with a community of lawyers just like us who serve clients as a Personal Family Lawyer with Life & Legacy Planning.  We have a network of successor attorneys who practice with the same morals and model as we do, so if anything happens to us, you will be treated with the same level of care and relationship that we provide.

A Lasting Relationship

Although hiring the right estate planning lawyer may not seem that important, it’s one of the most critical choices you can make for yourself and your family. After all, this is the individual you trust to serve on your behalf to protect and provide for your loved ones during one of life’s most emotionally challenging experiences.

Should you choose the wrong person for the job, your family could face unnecessary conflicts, expenses, and legal entanglements when they’re most vulnerable. Ultimately, estate planning is 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.

We develop a relationship with you and your family that lasts a lifetime. Our unique, family-centered legal services are specifically tailored to provide our clients with the kind of love, attention, and trust we’d want for our loved ones. To learn more about our one-of-a-kind systems and services, schedule a Family Wealth Planning Session today.

This article is a service of Brittany Cohen, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

[email protected]

858-427-0539

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As the world and its laws continue to evolve, everyone needs to keep their estate plans up-to-date. An estate plan is a set of documents, such as a will or trust, that dictate how assets will be distributed upon death or incapacity. An individual’s current legal and financial situation should be considered to create a comprehensive estate plan tailored specifically to their needs.

Ensure Your Wishes Are Respected

The primary reason to update an estate plan is to ensure that an individual’s wishes are respected upon death. For example, suppose an individual has recently acquired valuable property or has had changes in family structure (such as marriage or children). In that case, updating the documents that outline how assets should be distributed is important. If the documents aren’t updated, this could lead to disputes between family members and legal complications when probate occurs. Additionally, if laws change at the state or federal level, those changes need to be incorporated into the existing estate plan to remain valid and effective.

Ensure Your Loved Ones Are Protected From Tax Implications

Another reason for updating an estate plan is for future tax planning purposes. Without proper planning and asset allocation, taxes can significantly reduce the amount that beneficiaries receive after one’s death. Additionally, some states have transfer taxes on certain assets (such as real estate), which must be factored into one’s estate planning decisions. In addition, changes in federal tax law may affect whether other taxes, such as capital gains tax, applies at the time of death or while transferring assets during life – thus providing additional incentive for individuals to review their plans regularly with their advisors and make necessary updates when necessary.

Ensure Your Medical Decisions Are Handled With Care

Estate planning also encompasses contingency plans in case of incapacity due to illness or injury – commonly referred to as disability planning. This means creating end-of-life documents such as Advance Health Care Directives, which list specific instructions about medical treatments that should be administered if certain conditions arise – such as if a person suffers from dementia or a traumatic brain injury and can no longer make decisions on their behalf. This planning can provide peace of mind knowing that an individual’s wishes will be respected even if they cannot make decisions themselves due to illness or injury.

Ensure You Leave a Legacy For Your Loved Ones

Finally, updating an estate plan allows people to express gratitude for those who have helped them over the years – whether it be through providing advice on financial matters or being there simply by offering emotional support during difficult times – by including them in a legacy interview with our firm. Specific instructions can also be included in your plan regarding how charitable donations should be handled after death – enabling individuals who wish to donate part of their wealth to leave behind a lasting legacy that furthers causes they believe in long after they pass away.

Keep Your Estate Plan Up-To-Date

In conclusion, having an up-to-date estate plan helps ensure that your wishes are respected upon incapacity or death; protects you from unnecessary taxes; helps with disability planning; and allows you the chance to express appreciation towards those who have had a positive impact on your life while still alive. Therefore, estate plans should consider current circumstances and anticipate future events to avoid any potential problems. We hold regular reviews of your estate plan through the stages of change in your life or every three years. Contact us today with your questions about your current plan and if you need an update.

This article is a service of Brittany Cohen, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

[email protected]

858-427-0539