So, as  Mother’s Day approaches, let’s talk about the most meaningful gift you can give or receive on this hallmark holiday that means a lot: every mom deserves the peace of mind and power to create financial security for themselves and their children with thoughtful estate planning.

Now you may be thinking, “Estate planning? Really? Isn’t that just for rich people?” Or, “How  does drafting a Will give me peace of mind and financial security?”

Glad you asked! Most people have a general concept of what “estate planning” means, but in reality, don’t fully understand it. Believe it or not, estate planning is far more complex than just drafting a Will, and it’s not just for rich people, though doing it will leave your family much more “rich” than if you don’t. Once you appreciate the power of estate planning, you’ll know why it has the power to “gift” you peace of mind.

So let’s start by parsing out what estate planning really is and why it matters for every mom you know, including yourself if you are a mom.

Why Estate Planning Matters for Moms (and Dads too)

Imagine having a roadmap that clearly shows how your financial assets, the guardianship of your children, and even your most cherished possessions are handled should anything happen to you. Now imagine that your roadmap is a legal document and the people receiving that roadmap are required to abide by your wishes and are able to easily do so because your wishes are so clear and you’ve left a guide for your family along with the roadmap.

That’s what estate planning is: a legally enforceable plan for your future, and ideally a guide to help your loved ones navigate the plan. And contrary to what most people think, estate planning isn’t just for the wealthy or those who are nearing the end of life. It’s for everyone, including you! Thoughtful estate planning gives you the power to make decisions now that will impact your and your family’s future, giving you peace of mind to know you aren’t leaving a mess for the people you love.

You may be wondering, “Really? How does estate planning give me peace of mind?” Relax – grab a mimosa or some tea, kick your feet up, and let’s talk about how it works.

Estate planning allows you to specify who will care for your children if you are unable to do so yourself. It’s undoubtedly a tough subject, but choosing a guardian you trust to raise your kids as you would brings immense comfort, and may even guide you to build deeper relationships with the people you’d call upon to care for your children, if you cannot. Knowing that your wishes are written down and legally protected can relieve a lot of stress, and relax any of those “stressful in the background” thoughts about that one person you would never want raising your kids.

Without a plan, a judge would decide who takes care of your children if you cannot, and they might not choose the person you would have wanted. Or worst of all, they may even choose the one person you’d never want raising your kids because maybe they look great on paper. Think about it: a judge knows nothing about you or your kids. They only know what they see in court filings. That’s it. They’d have to make decisions with no input from you. Kinda scary, right?

When done right, estate planning also lets you direct the distribution of your property and finances. Specifically, it ensures your assets are transferred to the people you choose without unnecessary delays, legal hurdles, or family conflict.

This not only secures your children’s future but also simplifies the administrative process at a time when your family should have space and time to mourn and heal, not get tangled in legal complexities. And if they do get tangled up in conflict, it’s highly likely that those relationships will be forever destroyed. That also happens. Again, more often than you may think.

Here’s the bottom line. When you get these things in order, you can die in peace, and that means you live life more fully.

Estate Planning Equals Empowerment

Estate planning puts the power in your hands. It’s a declaration of your values and your voice, legally secured to guide your family when you can’t be there. By setting out your wishes clearly, you prevent disputes and ensure your legacy lives on exactly as you intend. After all, someone will have to wrap up your affairs after you die, so it may as well be you, now, while you’re living. So step into your power, safeguard your children’s future, and cement your role as the heart and protector of your family.

In the process of getting your estate planning handled, when you work with Allenby Law, you’re going to learn a tremendous amount about your finances, and your financial literacy is going to grow in a way that will result in you feeling exponentially more financially secure and clear.

Financial Protection In Case of Loss

Estate planning is especially vital if the unthinkable happens and your spouse or partner dies. Many mothers face not only devastating emotional loss but also the potential for significant financial instability – especially if you aren’t the primary breadwinner in your family. An effective estate plan, however, includes setting up mechanisms such as life insurance, trusts, and instructions for pension or retirement benefits, which can provide you with financial support when it’s most needed. There’s absolutely no reason you and your children need to compromise your lifestyle should something happen to your partner.

For example, an estate plan ensures that you have access to joint assets and that any individual assets held by your spouse or partner are transferred to you or your children without delay. This can be critical in preventing financial hardship during an already challenging time, ensuring that you have the resources needed to maintain your home, cover living expenses, and continue to provide for your children’s needs.

The Personal Family Lawyer Difference

By now, it should be clear that creating an effective estate plan that honors your wishes and secures your and your family’s financial future isn’t as simple as creating a Will. It’s more complicated than that and can be overwhelming, particularly with the legal jargon and the multitude of decisions that need to be made. These decisions are hard, too. When you’re living your life, probably the last thing you want to think about is your death. You’d probably rather have a root canal.

Fortunately, you don’t have to navigate the process alone. Personal Family Lawyer firms, like ours, are uniquely trained, and trusted advisors who can guide you through the process, ensuring that your plan fits your specific circumstances and family dynamics. Here’s a bonus: A Personal Family Lawyer can also advise you on tax implications and the best ways to structure your finances to benefit you and your heirs. Yay! (Unless you want to pay extra taxes and give your money to the government instead of your kids, then knock yourself out).

Finally, a Personal Family Lawyer is committed to serving you and your family for the long term by checking in to update your plan as life changes, assets change and your kids grow. By working with a Personal Family Lawyer Firm,  you create a plan that is thorough, thoughtful and works when you and your family need it to.

Let Us Give You the Gift of Peace and Power

At our law firm, we don’t just give legal advice or draft documents. We take your power and peace of mind seriously. We also know that you’re busy. As a Personal Family Lawyer Firm, we have processes in place that make getting your estate plan in place as easy as possible, all while being thorough, thoughtful, and mindful of your time and budget.

If you want to learn more about how we can help you create an estate plan that gives you the Mother’s Day gift of power and peace of mind – so you can live life to the fullest – schedule a complimentary 15-minute call with our office.

To learn more about our one-of-a-kind systems and services, Contact Us or schedule a 15-minute introductory call today.

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

The post Estate Planning: A Gift of Peace and Power for Every Mother appeared first on Allenby Law San Diego - Smart Estate Planning for Peace of Mind.

However, not planning for the future of your business once you are no longer around to run the company could have disastrous consequences for you, your team, your clients/customers, and your family. And of all the potential risks facing your business, the two that are impossible for you to avoid are your incapacity and death—indeed, no one is immune to old age, illness, or death

Given this liability, creating an estate plan for the continued success of your business should you become incapacitated or when you die is just as critical as any other planning you do for your business, if not more so. The best part is that when you create an estate plan for your business, or a succession plan, it makes your company more resilient, less dependent on you overall, and can greatly improve your ability to take vacations, and have the freedom from your business you probably desire.

WHAT IS A BUSINESS SUCCESSION PLAN?

A business succession plan is an estate plan for your business. And that plan will include several strategies, such as life insurance for liquidity, a buy-sell agreement (covering the buyout of partners or other shareholders), and it should also include a trust to spell out the future management of your business. Without a trust in place, your business will likely be stuck in a totally unnecessary court process called probate (described more below), which could interrupt your company’s continued operation and even cause the loss of everything you’ve worked so hard to build.

A WILL ALONE IS NOT ENOUGH

When it comes to creating an estate plan, most people typically think of a will. While it’s possible to leave your company to someone in your will, it’s far from the ideal option. That’s because, upon your death, all assets passed through a will must first go through the court process known as probate. And the cost, time, and complexity involved when the court makes decisions about your business assets is completely unnecessary.

During probate, the court oversees your will’s administration to ensure your assets (including your business) are distributed according to your wishes. But probate can take months, or even years, to complete, and it can be quite expensive, which can seriously disrupt your cash flow and your company’s operation. What’s more, probate is a public process, potentially leaving your business affairs open to your competitors.

Furthermore, a will only goes into effect upon your death, so it would do nothing to protect your business should you become incapacitated by illness or injury before your eventual death. In fact, if you only have a will in place (or have no estate plan at all), in the event of your incapacity, your family would have to petition the court for guardianship in order to manage your business as well as your other personal and financial affairs.

Like probate, the court process associated with guardianship in the event of your incapacity can be long and costly. And in the end, whether it’s a family member or professional guardian agency, there’s no guarantee the individual the court ultimately names as guardian would be the best person to run your company.

TRUSTS PROTECT YOUR BUSINESS & FAMILY

Given the drawbacks associated with a will, a much better way to ensure your business’ continued success is by placing your company in a revocable living trust. A living trust is not required to go through probate, and all assets placed within the trust are immediately transferred to the person, or persons, of your choice in the event of your death or incapacity, without the need for any court intervention.

Upon your death or incapacity, having your business held in trust would allow for the smooth transition of control of your company, without the time, expense, and hassle associated with probate or guardianship. And using a trust, you can choose the individual(s) you think will be best suited to run your company in your absence, whether that absence is permanent (your death) or temporary (your incapacity). And within the trust, you can create a business succession plan, which would not only name your successor, but also provide him or her with detailed—and legally binding—instructions for how you want the business run when you are gone.

Finally, trusts are not open to the public, so your company’s internal affairs would remain private, and the transfer of ownership would take place in your lawyer’s office, not a courtroom, and on your family’s time.

Although the majority of business owners will get suitable protection for their business using a living trust, for the most airtight asset protection, you may want to consider setting up a specialized irrevocable trust. Such irrevocable trusts are quite complex, and they are not the right choice for everyone, so ask us to find out if an irrevocable trust would be suitable for your particular company.

A COMPREHENSIVE SUCCESSION PLAN

While placing your business in a trust is an effective way to protect your company upon your death or incapacity, it’s merely one part of a comprehensive business succession plan, which as mentioned earlier typically includes other estate planning strategies, such as business insurance, life insurance, and a buy-sell agreement. For the maximum level of protection, meet with us to ensure your business has all of the necessary legal protections in place.

Even if you have an existing estate plan, you should have us review it to make sure you’ve covered all of your bases, and your plan has been properly updated. We use a 50-point assessment to analyze your estate plan, which needs to be consistently updated to account for changes in your life, assets, and the law.

In our assessment, we will review your business and its assets, and discuss all of the different tools available to ensure the company and wealth you’ve worked so hard to build will survive—and thrive—no matter what happens to you. Taking these actions will not only help shield your company and family from unforeseen tragedy, but it will give you the peace of mind needed to take your business to the next level. Schedule your appointment today to get your plan handled.

To learn more about our one-of-a-kind systems and services, Contact Us or schedule a 15-minute introductory call today.

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

The post How An Estate Plan Can Protect Your Business and Family appeared first on Allenby Law San Diego - Smart Estate Planning for Peace of Mind.

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.

To learn more about our one-of-a-kind systems and services, Contact Us or schedule a 15-minute introductory call today.

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

The post How To Protect Your Real Estate Assets appeared first on Allenby Law San Diego - Smart Estate Planning for Peace of Mind.

Last week, in part one, we covered the way uncertainty around Heche’s estate plan is creating conflict among her loved ones and resulting in her estate going through the lengthy, expensive, and public court process called probate. Here in part two, we’ll discuss two additional issues related to Heche’s death and the results of her failure to work with a lawyer on her planning.

First, we’ll cover how Heche could have passed on her assets to her sons using a special type of trust that would have not only kept her affairs private, but would have protected her sons’ inheritance from their own creditors, a future divorce, and future lawsuits. Then, we’ll discuss the estate planning tools the late actress could have had in place to deal with her own incapacity following her accident.

From there, we’ll outline what you can learn from Heche’s story and the steps you can take to ensure your loved ones never need to endure a similar situation.

TRUSTS & PLANNING FOR MINOR CHILDREN

Outside of avoiding probate, trusts are a necessary part of an estate plan whenever you have a minor child. Minors are legally unable to inherit any assets until they reach the age of majority, which can be 18 or 21, depending on the state.

If a minor does inherit assets—as it looks like Atlas may—the court will require a guardian to manage the assets for the child until he or she comes of age. Then, when the minor reaches adulthood, the assets are distributed outright, without any protection from creditors and without direction from you.

To prevent her children from getting outright, unprotected access to their inheritance, Heche could have created a trust and named a person of her choosing as a Trustee to manage Atlas’s inheritance until he comes of age. And even though he’s an adult, Heche could have done the same for Homer’s inheritance.

LIFETIME ASSET PROTECTION TRUSTS

If Heche had built a Lifetime Asset Protection Trust into the trusts she set up for her kids, she could have not only transferred her assets to her sons upon her death or incapacity, without the need for any court intervention, she could have also ensured that those assets would transfer with protection from common life events like divorce, debilitating illness, serious accidents, lawsuits, and bankruptcy.

At the same time, the trust would have allowed Anne to establish clear guidelines for the Trustee. This would give Heche the ability to govern how those assets—which likely include the rights to films, books, and other intellectual property—should (and should not be) used to benefit her sons. In this way, Heche could ensure that her artistic legacy is honored, and Homer and Atlas could benefit from her work for generations to come.

Although a Lifetime Asset Protection Trust would have been ideal for Heche, such trusts are not for everyone. But contrary to what you might think, Lifetime Asset Protection Trusts are not just for celebrities or the rich. A Lifetime Asset Protection Trust may be even more useful if you are leaving behind a modest inheritance, because the smaller the inheritance, the more at risk it is of getting wiped out by a single unfortunate event, like a divorce or accident.

However, if your kids are going to quickly spend their inheritance on everyday expenses and consumables, building a Lifetime Asset Protection trust into your estate plan may not make sense. Meet with us, your Personal Family Lawyer® for a Family Wealth Planning Session to determine if a Lifetime Asset Protection Trust, a Living Trust, or some solution is the right choice for you and your family.

INCAPACITY PLANNING: THE POWER OVER LIFE & DEATH

Beyond the distribution of her assets, Heche’s story also illustrates the critical importance of planning for incapacity. Estate planning is about more than just planning for your eventual death; it’s also about planning for your potential incapacity as a result of accident or illness.

While we don’t know if Heche had an incapacity plan, let’s look at how such a plan would have worked to help her and her family following her accident. After her accident, it’s been reported that Heche was on life support for more than a week, and then removed from life support and allowed to die, without ever regaining consciousness.

What we don’t know is who made the decisions regarding how long Heche was kept on life support, and at what point life support was removed. If she had a Medical Power of Attorney in place, Heche would have chosen the person to make the decisions on her behalf. If she did not have a Medical Power of Attorney, there could have been a conflict between her friends, her children, and other family.

Fortunately, there does not seem to have been any conflict in this case. In fact, it seems that there was clear agreement that Heche wanted to donate her organs, which did occur and likely saved the life of another human as a result. Generally speaking, directives regarding your wishes around decisions, such as organ donation, how long to be kept on life support, what to be fed in the hospital, and who should have access to you if you are hospitalized, are all outlined in a legal document called a Living Will, or Advance Healthcare Directive.

While these legal documents are the foundation of any incapacity plan, your plan may require other tools, such as a Durable Financial Power Of Attorney and a Living Trust. Meet with us to put in place the tools that are right for your unique situation.

LET ANNE’S STORY BE A LESSON

Celebrities don’t just entertain us, they educate us, too. Regardless of your financial status, planning for your potential incapacity and eventual death is something every adult should take care of immediately, especially if you have children. As we saw with Anne Heche’s tragic, too-soon passing, you never know when tragedy may strike, and with Life & Legacy Planning, you can save your family needless conflict, expense, and even embarrassing, unnecessary public exposure.

Beyond passing your assets to your loved ones when you die, Heche’s story highlights the vital need for incapacity planning to ensure you’ll be properly cared for in the event you suffer a debilitating injury or illness. To this end, if you’ve yet to plan for incapacity, or you have an existing plan that needs review, contact us, and ask about a Family Wealth Planning Session.

Finally, remember that truly effective estate planning can ensure your wealth, assets, and legacy are protected and used to benefit your children, grandchildren, and great-grandchildren in strict accordance with your values. To ensure your estate plan offers your family this level of benefit, schedule a visit with us and ask about a Lifetime Asset Protection Trust today.

To learn more about our one-of-a-kind systems and services, Contact Us or schedule a 15-minute introductory call today.

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

The post Anne Heche Dies With Conflict Around Her Will, Leaving Her Sons & Estate In Legal Limbo – PART 2 appeared first on Allenby Law San Diego - Smart Estate Planning for Peace of Mind.