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Donate Appreciated Assets to Charity Instead of Selling Outright For Tax and Income Benefits Using a Charitable Remainder Trust

If you have highly appreciated assets like stock and real estate you want to sell, it may make sense to use a charitable remainder trust (CRT) to avoid income and estate taxes—all while creating a lifetime income stream for yourself or your family AND supporting your favorite charity. 

A CRT is a “split-interest” trust, meaning it provides financial benefits to both the charity and a non-charitable beneficiary. With CRTs, the non-charitable beneficiary—you, your child, spouse, or another heir—receives annual income from the trust, and whatever assets “remain” at the end of the donor’s lifetime (or a fixed period up to 20 years), pass to the named charity(ties).

How a CRT works
You work with us to set up a CRT by naming a trustee, an income beneficiary, and a charitable beneficiary. The trustee will sell, manage, and invest the trust’s assets to produce income that’s paid to you or another beneficiary.
The trustee can be yourself, a charity, another person, or a third-party entity. However, the trustee is not only responsible for seeing that your wishes are carried out properly, but also for managing the trust assets in accordance with complex state and federal laws, so be sure the trustee is well familiar with trust administration.
With the CRT set up, you transfer your appreciated assets into the trust, and the trustee sells it. Normally, this would generate capital gains taxes, but instead, you get a charitable deduction for the donation and face no capital gains when the assets are sold.

Once the appreciated assets are sold, the proceeds (which haven’t been taxed) are invested to produce income. As long as it remains in the trust, the income isn’t subject to taxes, so you’re earning even more on pre-tax dollars.

Income options
You have two options for how the trust income is paid out. You can receive an annual fixed payment using a “charitable remainder annuity trust (CRAT).” With this option, your income will not change, regardless of the trust’s investment performance.

Or you can be paid a fixed percentage of the trust’s assets using a “charitable remainder unitrust (CRUT),” whereby the payouts fluctuate depending on the trust’s investment performance and value.

Tax benefits

Right off the bat, as mentioned above, you can take an income tax deduction within the year the trust was created for the value of your donation—limited to 30% of adjusted gross income. You can carry over any excess into subsequent tax returns for up to five years.

And again, profits from appreciated assets sold by the trustee aren’t subject to capital gains taxes while they’re in the trust. Plus, when the trust assets finally pass to the charity, that donation won’t be subject to estate taxes.

You will pay income tax on income from the CRT at the time it’s distributed. Whether that tax is capital gains or ordinary income depends on where the income came from—distributions of principal are tax free. 

If you have highly appreciated assets you’d like to sell while minimizing tax impact, maximizing income, and benefiting charity, consult with us as your Personal Family Lawyer®, so we can find the best planning options for you.

This article is a service of Marianne S. Rantala, 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 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.

Appoint a Guardian to Keep Your Kids In Safe Hands At All Times

Probably every parent who has watched the news lately has felt the heartbreak  over what’s happening to immigrant families at the border due to the Trump administration’s immigration regulations. 

As you likely know, the administration’s new “zero-tolerance” policy has led to the separation of more than 2,300 children from their parents at the U.S.-Mexico border between May and June 2018 alone.

Putting politics aside, with horror stories of toddlers being ripped from their mothers’ arms and audio recordings of children crying and begging for their parents, we imagine it would be hard for anyone with their own kids not to be disturbed.

What’s more, perhaps these events have got you thinking about how it would be for your children to be taken into custody of strangers. And if not, let this be the moment you willingly feel the fear and decide to use your privilege of being able to make choices on behalf of your children to ensure their well-being and care by the people you want no matter what happens.

It can happen to your family
Even though most people think that something like that could never happen to their family, they’re totally wrong. While your kids almost certainly won’t be taken into custody by U.S. border agents, your children could be taken into the care of strangers if something happens to you—even if your family or friends are on the scene.

But you can do something to protect your children and ensure they’re always in the care of people you know, love, and trust. If you use this atrocity against families to take action on behalf of your own kids—instead of merely feeling numbness and paralysis over not knowing what to do—these events can inspire you to do the things you know you must in order to properly take care of your family.

Understand the risk
While it may seem like a long shot, the consequences are serious enough that you must consider the real possibility of what could happen and ensure you’ve taken right actions to protect your loved ones. Let’s say you and your spouse have gone out to dinner together and left the kids with a babysitter. But on the way home, you’re in a car accident. The police will get to your house, find your children home with a babysitter, and have no choice but to take your kids into the care of the authorities (strangers) until they can figure out what to do.

This is the case even if you have friends or family living nearby. If you haven’t left proper legal documentation, the authorities have no option but to call child protective services—that is, unless you’ve legally given them an alternative. This is true, for example, even if you have named godparents. You must give the authorities a legal basis for keeping your children with the close friends or family you designate.

Without your action, when the babysitter answers the door, she’s in complete shock and willing to stay with your kids while the authorities find a relative to take them. Unfortunately, she doesn’t have the legal authority to care for the children—even temporarily—so the police have no choice but to call child protective services. These authorities will take your children into custody until they can locate and/or appoint the proper guardian.

Alternatively, maybe you have plenty of family, who’d want to take custody of your children if something were to happen to you. Perhaps some of them even live close by, so the authorities could locate them easily. It may be that even more than one family member would want to take custody of your children (and the financial resources you’re leaving behind for them).

We’ve seen what happens when well-meaning family members—who think they’d be the best choice as caretaker for their young relatives—go to battle in the name of love. It isn’t pretty. In such a situation, it takes years of legal fighting, making lawyers wealthy, while the children are stuck in the middle. In almost every case, each side fighting for the care of the children feels certain they’re doing what the parents would’ve wanted and what’s best for the children.

Know your options and your responsibility

The sad thing is, this all can be completely (and very easily) prevented. However, to ensure your children are never taken into the care of strangers—or put in the middle of a family conflict—you must take action now. Please do not leave this to chance. You have the privilege to be able to guarantee that your children are never taken into the care of strangers—or into the care of anyone you would not choose—but you must take action now to exercise that privilege.

Perhaps you believe this could never happen to your family because your family would never fight over your children or because you’ve named close friends as godparents. But why take that risk, when it’s so easy to do the right thing by the people you love more than anything?

And if you think you’ve already done the right thing because you have a will that names legal guardians for your children, think again. We’ve found that in most cases, even parents who worked with a lawyer to name legal guardians have made at least one of six common mistakes that leave their children at risk.

These mistakes are made because unfortunately, most lawyers do not know what’s necessary for planning and ensuring the well-being and care of minor children.

As your Personal Family Lawyer®, we’ve been trained by the author of the best-selling book, Wear Clean Underwear!: A Fast, Fun, Friendly, and Essential Guide to Legal Planning for Busy Parents, on legal planning for the unique needs of families with minor children at home. If you’ve already created a will, we can help you identify whether you’ve made any of the six common mistakes that could leave your children at risk. If you have not yet taken any action, we can help you take the first steps and make the very best decisions for the people you love.

 

Here’s how to get started

⇒ If you haven’t yet taken any action at all, we’ve created an easy-to-use website, where you can take the first steps to create legal documents naming long-term guardians for your children (the people you would want to raise your kids if you could not do so) absolutely free. Do it here now: https://mariannesrantalapc.kidsprotectionplan.com/

Afterward, call us for a comprehensive Family Wealth Planning Session to look at what else you may want to have in place to ensure the well-being and care of your children no matter what.

⇒ If you’ve already named long-term guardians in a will on your own or with a lawyer, we’ll review your existing legal documents and waive our normal $950 legal documents review fee to identify whether you’ve made any of the 6 common mistakes that could leave your children at risk. To activate this offer, simply call our office at (631) 627-3433. Tell us you’d like your existing plan reviewed, and you want to activate our “keep the children safe” special, and my team will waive the $950 plan-review fee.

Whatever your situation, you should take action now using one of our above services to make certain that your children are never taken into the care of strangers. You might think that such a thing could never happen to your family, but in these scary times, you can never be too safe.
 

This article is a service of Marianne S. Rantala, 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 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.

Create a Special Needs Trust to Protect the Financial Future of Your Child with Special Needs

It always surprises me to hear parents who have a child with special needs tell me that they were not aware of what they needed to do to ensure the future well-being and care of their child is properly handled. Or sometimes, they tell me they didn’t know they needed to do anything at all.

If that’s you, and you have a child with special needs at home, this article is for you. And if you have friends or family who have a child with special needs, please share this article with them.

Every parent who has a child with special needs must understand what’s needed to provide for the emotional, physical, and financial needs of their child, if and when something happens to them.

 

Naming guardians
Of course, the first and most critical step in ensuring the well-being and care of your child with special needs’ future is to name both short and long-term legal guardians to take custody of and care of your child, in the event of your death or incapacity. And as you well know, this responsibility doesn’t end at age 18, if your child will not grow into an adult who can independently care for him or herself.

While we understand this lifetime responsibility probably feels overwhelming, we’ve been told repeatedly by parents that naming legal guardians in writing and knowing their child will be cared for in the way they want, by the people they want, creates immense relief.

We frequently build in plans where the named guardians are properly instructed—and even incentivized—to give your child the same care you provide. For example, we’ve created plans whereby the named guardian is compensated for taking the child to dinner and the movies weekly, or doing something similar if this is something the child used to enjoy doing with his or her parents.

But without written instructions (and perhaps compensation) built into the plan, fun activities like this can often go by the wayside when you’re no longer available. For guidance on selecting legal guardians and properly instructing them to provide your child with special needs the same level of care and attention you do, consult with us as your Personal Family Lawyer®.

Beyond naming a guardian, you’ll also need to provide financial resources to allow your child to live out his or her life in the manner you desire. This is where things can get tricky for children with special needs. In fact, it may seem like a “Catch-22” situation. You want to leave your child enough money to afford the support they need to live a comfortable life. Yet, if you leave money directly to a person with special needs, you risk disqualifying him or her for government benefits.

 

Special Needs Trusts
Fortunately, the government allows assets to be held in what’s known as a “special needs trust” to provide supplemental financial resources for a physically, mentally, or developmentally disabled child without affecting his or her eligibility for public healthcare and income assistance benefits.

However, the rules for such trusts are complicated and can vary greatly between different states, so you should work with us as your Personal Family Lawyer® to create a comprehensive special needs trust that’s properly structured and appropriate for your child’s specific situation.

 

Setting up the trust
Funds from a special needs trust cannot be distributed directly to a beneficiary and must be disbursed to a third-party who’s responsible for administering the trust. Given this, when you initially set up the trust, you’ll likely be both the “grantor” (trust creator) and “trustee” (the person responsible for managing the trust), and your child with special needs is the trust’s “beneficiary.”

You’ll then name the person you want responsible for administering the trust’s funds once you’re no longer able to as “successor trustee.” To avoid conflicts of interest, overburdening the named guardian with too much responsibility, and provide checks and balances, it can sometimes be best to name someone other than your child’s guardian as trustee.

As the parent, you serve as the trustee until you die or become incapacitated, at which time the successor trustee takes over. Each person who serves as trustee is legally required to follow the trust’s terms and use its funds and property for the benefit of the individual with special needs.

And in all cases, you should name a series of successor trustees, which can even be a bank, trust company, or other professional fiduciary, as backups to your primary named trustee.

 

Placing money and property into a special needs trust
There are two ways to set up a special needs trust. In one situation, we build it into your revocable living trust, and it will arise, or spring up, upon your death. From there, assets that are held in your revocable living trust will be used to fund your child’s special needs trust.

In other cases, we can set up a special needs trust that acts as a vehicle for receiving and holding assets for your child now. This makes sense if you have parents or other relatives who want to give your child with special needs gifts sooner rather than later.

We’ll be dedicating a future article on the available estate planning options you can use to pass money to a special needs trust. Until then, consult with us as your Personal Family Lawyer® if you need guidance on the planning vehicles that are best suited for this purpose.

 

The trustee’s responsibilities
Once the trust is funded, it’s the trustee’s job to use its funds to support the beneficiary without jeopardizing eligibility for government benefits. To handle this properly, the trustee must have a thorough understanding of how eligibility for such benefits works and stay current with the law.  The trustee is also required to pay the beneficiary’s taxes, keep detailed records, invest trust property, and stay current with the beneficiary’s needs.

Given this huge responsibility, it’s often best that you name a legal or financial professional who’s familiar with the complexities of the law as trustee or co-trustee, so they can properly handle the duties and not jeopardize eligibility.

If you need help creating a special needs trust for your child, contact us as your Personal Family Lawyer ®. We can develop a sustainable living plan for your child with special needs that will provide her or him with the financial means they need to live a full life, while preserving their access to government benefits. Contact us today to get started.
 

This article is a service of Marianne S. Rantala, 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 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.

Squabbles Between Alan Thicke’s Heirs Highlight the Importance of Properly Drafted and Updated Estate Planning

In the 1980s, the late actor Alan Thicke played the wise-but-hip father figure and psychiatrist Dr. Jason Seaver in the sitcom Growing Pains. Following Alan’s sudden death in December 2016, with his children and widow battling over his estate, one can only wonder what sage advice Dr. Seaver would have had for Thicke’s heirs.

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

Stepmom vs. Stepchildren
Specifically, Alan’s two oldest sons—Robin and Brennan—have been fighting his third wife, Tanya Callau Thicke, for almost two years. The first petition filed in California Superior Court in May 2016 by Robin and Brennan—who are co-trustees of their late father’s estate—sought clarification of conflicting terms in Alan’s living trust and a prenuptial agreement he and Tanya signed before getting married in 2005.

At issue was the division of Alan’s $3.5 million ranch in Carpinteria, where he and Tanya lived. The prenup states that Tanya would get 25% of his net estate, including a five-acre parcel of the ranch property. However, the trust—last updated in 2016—doesn’t grant her any ownership of the ranch, only the right to live there provided she pays all the expenses.

Robin and Brennan’s petition alleged that Tanya demanded a larger portion of Alan’s estate than she was allocated in the trust and that she planned to contest the validity of the prenuptial agreement.

Tanya claimed her stepsons’ legal claim was merely aimed at smearing her in the media, and she never had any intention of challenging the prenup. Other reports allege the petition was retaliation for Tanya’s refusal to allow the brothers to convert the ranch into a medical marijuana farm.
In September 2017, a judge rejected the sibling’s petition to block Tanya from challenging the prenup, finding there was no evidence she ever planned to take such action.

A Breach of Duties?
More recently in May 2018, Tanya filed papers accusing Robin and Brennan of violating their fiduciary duties as co-trustees. She claims they’re spending the estate assets recklessly, failing to pay her share of the inheritance, unfairly saddling her with taxes and other expenses that are not her responsibility, and failing to keep her clearly informed about estate proceedings.

One of her specific complaints asserts the brothers refused to reimburse her for a monument she placed at Alan’s gravesite. This claim was exacerbated by reports that the older brother Robin was reimbursed $105,000 for an elaborate memorial party he threw the night before his father’s burial.

Tanya plans to file a lawsuit against the siblings if they don’t meet her demands. And her suit may have merit, as trustees owe a fiduciary duty to act in the best interests of beneficiaries and account for all financial transactions related to the trust.

Lessons Learned
Though we’ll have to wait and see how Robin and Brennan react to Tanya’s latest claim and how the court rules, the case highlights several important estate planning issues.

First, second (or more) marriages with children from a prior marriage are always at risk of going down the road of conflict. If you are in such a marriage, it’s critical we plan in advance to ensure the people you love have the best chance of loving each other after your incapacity or death.

Even with a trust in place, it’s vital the document is regularly updated to ensure it’s current and doesn’t conflict with other legal agreements, like the prenup in this case. Please contact us now if your plan has not been reviewed or updated within the past year.

Finally, the case demonstrates that a trust won’t stay private if the heirs have a conflict that results in court proceedings. One of a trust’s key benefits is that it keeps the contents of the estate confidential. But if a dispute ends up in court, the estate documents can be made public, exposing not only your assets, but all your family’s “dirty laundry” as well.


Proper estate planning can keep your family out of conflict, out of court, and out of the public eye. If you’re ready to create a comprehensive estate plan, contact us as your Personal Family Lawyer® to get started. If you already have a plan in place, we can review and update it to avoid similar conflicts.


This article is a service of Marianne S. Rantala, 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 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.

What You Should Know About Guardianship—In Case A Parent or Loved One Becomes Incapacitated

Whether through illness, injury, or other means, anyone can require a guardian to become appointed if they become mentally incapacitated. In such cases, if there is no estate planning in place (or insufficient planning) to keep family or other loved one’s out of court, a guardianship, or conservatorship as it is sometimes called, must be established via a court process in the county probate court. 

Obtaining guardianship can be an extraordinarily challenging and an expensive process. It begins with filing a petition in court for guardianship and requesting the court declare the incapacitated person incompetent. In some cases, these types of filings are made “ex parte”, or in secret, and a guardianship can be established before family or close friends even know what’s happening. In other cases, such a filing can result in a heated dispute between family members and/or friends, who may claim they’d be better suited for the role. Given this, things can get quite costly very quickly.

Of course, this assumes these matters haven’t already been decided through proper and up-to-date estate planning, including a valid durable power of attorney and advance health care directives, which are the best methods for ensuring this massive responsibility is handled as effectively as possible. Sadly, most people don’t think of the costly possibility of incapacity and therefore leave their families at risk.

If you do have a loved one who needs a guardian, here are some of the things you’ll need to know:

Who can be appointed as guardian?
Unless specified in a valid legal document, any family member or other interested person can petition for guardianship—even a close friend can do it if they prove they’re best suited for the position. That said, most courts give preference to the ward’s spouse or other close family members. In some cases, the guardian is required to post a bond, which typically requires good credit and some level of deposit to be held in the event of the guardian’s wrongdoing. This bond requirement often disqualifies friends and family, who either don’t have good credit or the resources to post a bond.

If a relative or friend is not willing—or capable—of serving, the court will appoint a professional guardian or public guardian. This is one of the ways that an estate can be drained extremely quickly. If you want to hear more about how this can happen, read this terrifying article about the way public and professional guardians are stealing from our elders.
When are guardians appointed?
A guardian will only be appointed if a court determines there is enough evidence to show a person is mentally incapacitated, such that they can no longer make legal, financial, and/or health-care decisions.

What are a guardian’s responsibilities?
Depending on the extent of the ward’s mental capacity, a court-appointed guardian can be given near complete control over a person’s life and finances. Some of the most common duties include:

  • Paying the ward’s bills
  • Determining where they live
  • Monitoring their residence and living conditions
  • Providing consent for medical treatments
  • Deciding how their finances are handled, including how their assets are invested and if any assets should be liquidated
  • Managing real estate and other tangible personal property
  • Keeping detailed records of all their expenditures and other financial transactions
  • Making end-of-life and other palliative-care decisions
  • Reporting to the court about the ward’s status at least annually

 

The extent of duties the guardian is responsible for is up to the court, and the guardian will not be allowed to act in areas the court has not authorized. Moreover, guardians are required to seek the ward’s preferences whenever possible—though ultimately, the decision about what action to take will be in the guardian’s hands.

The court can also divide out responsibilities to multiple parties. For example, one person may oversee the financial decisions, while another handles living arrangements and health-care decisions. What’s more, the court often requires detailed status reports, such as financial accounting, at regular intervals or whenever important decisions are made, such as the sale of assets.

Are guardians compensated?
Yes, guardians are entitled to reasonable compensation for their services based on the ward’s financial ability to pay. The appointed guardian is paid directly from the ward’s estate. In most cases, the compensation must be approved by the court ahead of time, and the guardian must carefully account for all of their services, the time spent on tasks on behalf of the ward, and any associated out-of-pocket expenses.

Given the huge level of responsibility and loss of control that comes with guardianship, the best course of action would be to get proper and updated estate planning in place ahead of time to ensure that if you or anyone you love becomes incapacitated, you can stay out of the court process altogether if possible.

Contact us as your neighborhood Personal Family Lawyer® to schedule a Family Wealth Planning Session—first for yourself—and then for the people you love before something happens to make it too late to plan. If it’s already too late and you’re reading this article because you need assistance petitioning a court for guardianship, contact us now to mitigate the risks, hassles, and expense.

This article is a service of Marianne S. Rantala, 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 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.

Safeguard Your Cryptocurrency Assets With Estate Planning

One of the biggest appeals of cryptocurrency, like Bitcoin, is that it is decentralized, unregulated, and anonymous. There are no financial institutions controlling it, and unless you tell someone you own digital currency, it remains a secret.

When it comes to estate planning, however, that kind of secrecy can be disastrous. In fact, without the appropriate planning protections in place, all your crypto wealth will disappear the moment you die or become incapacitated, leaving your family with absolutely no way to recover it.

Indeed, we’re facing a potential crisis whereby millions—perhaps billions—of dollars’ worth of family wealth could potentially vanish into thin air unless you take action to protect your digital assets with estate planning. Fortunately, putting the appropriate safeguards in place is a fairly simple process for a Personal Family Lawyer® experienced with cryptocurrency.

The first step in securing your crypto assets is to let your heirs know you own it. This can be done by including your digital currency in your net-worth statement listing all your assets and liabilities. Along with the amount of cryptocurrency you own, you should also include detailed instructions about where it’s located and how to find the instructions to access it. But you want those instructions to be kept in an absolutely secure location because anyone who has them can take your cryptocurrency.

Even if your heirs know you own cryptocurrency, they won’t be able to access it unless they know the encrypted passcodes needed to unlock your account. Indeed, there are numerous stories of crypto owners losing their own passcodes and then being so desperate to recover or remember them that they dug through trash cans and even hired hypnotists.

The best way to secure your passcodes is by storing them in a digital wallet. The safest option is a “cold” wallet, or one that is not connected to the internet and thus cannot be hacked. Cold wallets include USB drives as well as “paper” wallets, which are simply the passcodes printed on paper—and ideally stored in a fireproof safe.

But as with the existence of your crypto assets, the only way these wallets are of any use to your heirs is for them to know where they are and how to access them in the event of your incapacity or death. So, make sure these instructions are included in your estate plan and your Personal Family Lawyer® knows about the assets and where to locate the instructions on how to access them.

Just as it would be foolish to store your money in a secret safe and not tell anybody where it is or give them the combination to open it, it’s just as foolhardy not to take the appropriate steps to protect your cryptocurrency through proper estate planning.

Since digital currency is such a recent phenomenon, not all estate planning attorneys are familiar with it, but with us as your Personal Family Lawyer®, you can rest assured we have the knowledge and experience to help you safeguard your digital wealth just as effectively as all your other assets.

This article is a service of Marianne S. Rantala, 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 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.

I Don’t Have Kids, So Why Do I Need Estate Planning? Part 2

Last week, we shared the first part of our series on the importance of estate planning for those without children. If you haven’t read it yet, you can do so here. Here in part two, we discuss the other risks involved for those who forego estate planning.

Someone will have power over your health care
Estate planning isn’t just about passing on your assets when you die. In fact, some of the most critical  parts of planning have nothing to do with your money at all, but are aimed at protecting you while you’re still very much alive.

Advance planning allows you to name the person you want to make healthcare decisions for you if you’re incapacitated and unable to make decisions yourself.

For example, if you’re temporarily unconscious following a car accident and unable to give doctors permission to perform a potentially risky medical treatment, it’s not always clear who’ll be asked to make that decision for you.

If you have a romantic partner but aren’t married and haven’t granted them medical power of attorney, the court will likely have a family member, not your partner, make that decision. Depending on your family, that person may make decisions contrary to what you or your partner would want.

Indeed, if you don’t want your estranged brother to inherit your property, you probably don’t want him to have the power to make life-and-death decisions about your medical care, either. But that’s exactly what could happen if you don’t proactively plan.

Even worse, your family members who have priority to make decisions for you could keep your dearest friends away from your bedside in the event of your hospitalization or incapacity. Or family members who don’t share your values about the types of food you eat, or the types of medical care you receive, could be the one’s making decisions about how you’ll be cared for.

Even if, or maybe especially if, you don’t have kids, you need to do estate planning in order to name health care decisions-makers for yourself and provide instructions on how you want decisions made.

Someone will get power over your finances

As with health-care decisions, if you become incapacitated and haven’t legally named someone to handle your finances while you’re unable to do so, the court will pick someone for you. The way to avoid this is by naming someone you trust to hold power of attorney for you in the event of your incapacity.

Durable power of attorney is an estate planning tool that gives the person you choose immediate authority to manage your financial matters if you’re incapacitated. This agent will have a broad range of powers to handle things like paying your bills and taxes, running your business, collecting your Social Security benefits, selling your home, as well as managing your banking and investment accounts.

Because these powers are so broad, it’s critical that you only give this power to someone you absolutely trust, and ideally, with the guidance of a lawyer who can watch out for your best interests.

The fact that durable power of attorney is granted as soon as you’re incapacitated means your agent can begin handling your finances immediately, without waiting for a judge’s decision, simply by presenting a legal document and appropriate proof of your incapacity to a financial account holder. Since courts are notoriously slow, this quick access can be immensely beneficial to ensure your bills get paid on time and you have the funds available when you need them.

Without signed durable power of attorney, your family and friends will have to go to court to get access to your finances, which not only takes time, but it could lead to mismanagement and even the loss of your assets should the court grant this authority to the wrong person.

Furthermore, the person you name doesn’t have to be a lawyer or financial professional—it can be anybody you choose, including both family and friends. The most important aspect of your choice is selecting someone who’s imminently trustworthy, since they will have nearly complete control over your estate. Besides, with us as your Personal Family Lawyer®, your agent will have access to us as your trusted counsel should they need guidance or help.

Given all these potential risks, it would be foolhardy for those without children to ignore or put off these basic estate-planning strategies. Identifying the right planning tools is easy to do, and begins with a Family Wealth Planning Session, where we can consider everything you own and everyone you love, and guide you to make informed, educated, empowered choices for yourself and your loved ones.

It will likely take just a few hours of your time to be certain that both your assets, healthcare, and relationships will be managed in the most effective and affordable manner possible in the event of your death or incapacity.

This article is a service of Marianne S. Rantala, 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 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.

I Don’t Have Kids, So Why Do I Need Estate Planning? Part 1

It’s a common misconception to think that if you don’t have children, you don’t need to worry about estate planning. But the fact is, it can be even MORE important to do estate planning if you have no children.

Some of the common thoughts behind this mistaken belief may take one of these forms:

“If I die, everything will pass to my spouse anyway, so why bother?”

“I’m single with little wealth, so who cares who gets my few meager assets?”

“Estate planning is an expensive hassle and it doesn’t even benefit me because I’ll be dead, so I’m better off letting a judge handle things.”

This kind of thinking ignores several basic facts about both estate planning and life in general. Regardless of your marital status, if you don’t have children, you face potential estate-planning complications which those with children do not. And this is true whether you’re wealthy or have very limited assets.

Without proper estate planning, you’re not only jeopardizing your personal property, but you’re putting your life at risk, too. And that’s not even mentioning the potential conflict and expense you’re leaving for your surviving family and friends to deal with.

So if you’re childless, consider these three inconvenient truths before you decide to forego estate planning.

Someone will get your stuff
Whether you’re rich, poor, or somewhere in between, in the event of your death everything you own will be passed on to someone. Without a will or trust, your assets will go through probate, where a judge and state law will decide who gets everything you own. In the event no family steps forward, your assets will become property of your state government.

Why give the state everything you worked your life to build? And even if you have little financial wealth, you undoubtedly own a few sentimental items, including pets, that you’d like to pass to a close friend or favorite charity.

However, it’s rare for someone to die without any family members stepping forward. It’s far more likely that some relative you haven’t spoken with in years will come out of the woodwork to stake a claim. Without a will or trust, state laws establish which family member has the priority inheritance. If you’re unmarried with no children, this hierarchy typically puts parents first, then siblings, then more distant relatives like nieces, nephews, uncles, aunts, and cousins.

Depending on your family, this could have a potentially dangerous—even deadly—outcome. For instance, what if your closest living relative is your estranged brother with serious addiction issues? Or what if your assets are passed on to a niece who’s still a child and likely to squander the inheritance?

And if your estate does contain significant wealth and assets, this could lead to a costly and contentious court battle, with all your relatives hiring expensive lawyers to fight over your estate—which is exactly what’s happening with Prince’s family right now.

Finally, even if you have a spouse and your assets are passed to him or her, there’s no guarantee they’ll live much longer than you. In the event of their death without a will or a trust, everything goes to his or her family, regardless of the fact that you can’t stand your in-laws.

You really don’t want your spouse’s sister, brother, parents (or the new spouse he or she marries after you die) inheriting what you’ve worked so hard for, do you?

Next week, we’ll continue with part two in this series on the value of estate planning for those without children: how you could be leaving YOURself at risk.
This article is a service of Marianne S. Rantala, 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 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.

Ensure the Security of Your Senior Parents’ Identity and Financial Assets

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

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

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

1) Secure their computer: Your first step should be to make sure all computers they use are protected by robust security software bundled with anti-virus, anti-spam, and spyware detection features. Always go with the latest version of software, and make sure it’s configured to provide automatic updates, including security patches.

2) Use strong passwords and PINs: Create strong passwords and PINs that contain numbers, letters, and symbols, and change them regularly (once every six months). Don’t use the same password for multiple accounts—each account should have its own unique password. Never share passwords, don’t store them on a computer, and keep them in a secure location.

Since diligently keeping up with passwords can be a hassle, invest in a password manager, such as LastPass, which generates and stores strong, complicated passwords and can be used to share passwords with you and other family members.

Consider activating 2 Factor Authorization (2FA) on your parents’ accounts by using your cell phone number as the authenticating phone number or even Google Authenticator, and then teach your parents how to use it.

3) Regularly monitor their credit score and reports: Because thieves can use your loved ones’ personal information to set up new credit cards and other accounts, with bills that won’t get mailed to their home, be sure to regularly check their credit score and report for any suspicious activity. We like to use CreditKarma.com or TotalCreditCheck.com.

4) Use their own computer and avoid public wireless: Because public computers can be rigged to capture passwords and other personal data, seniors should always use their own computer or device to make financial transactions.

Even using one’s own computer can be risky if it’s done on a public wi-fi network, as found in airports, hotels, and restaurants. Many public wireless hotspots reduce their security settings, so people can more easily access and use these networks, which makes it easier to intercept personal information.

While taking these precautions is vital, it’s only the first step to ensure your elderly parents’ financial resources are protected. Consult with us as your Personal Family Lawyer® to develop comprehensive estate planning strategies to safeguard not only their finances, but all their tangible and intangible assets—as well as your own.

This article is a service of Marianne S. Rantala, 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 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.

6 Steps to Select and Name the Right Guardians for Your Children—Part 2

Last week, we shared the first part of our series on selecting and naming the right guardians for your children. If you haven’t read it yet, you can do so here. Here in part two, we discuss the final three steps in the process. 

4. Narrow candidate list, and rank your choices

When you’ve come up with all the potential candidates for guardian, narrow down the list to your top five people. There’s no guarantee that your ideal candidate(s) will be willing to serve as guardian, so having more than one or two is a practical necessity.

To aide in this process, you should consider things, such as who really loves your children and who do your kids really get along with? Will this person be physically, mentally, and emotionally able to raise your kids to adulthood? The most important thing is to choose SOMEONE, even if you aren’t 100% sure about them, since you can always select a new guardian later.

Then rank your choices from top choice down to last. Again, backups are critical in case your first choice cannot serve.

5. Sit down with top candidates and discuss what’s involved

When it comes to asking someone to be your child’s guardian, you need to provide crystal-clear guidance about what’s involved. The discussion should cover all of your expectations about how you want your kids raised. Speak openly about finances, discipline, education, spirituality, and any needs that are unique to your children.

Once the discussion is complete, give them a few days to carefully consider the choice, even if they seem immediately gung-ho about doing it. Depending on the age of your kids, this could be a more than decade-long commitment. If they don’t carefully think it over, the responsibility can easily turn into resentment.

6. Legally document your plan

It’s essential to legally document your choice as soon as possible. Verbal commitments mean nothing in the eyes of the law. This is especially true when you name a friend over a family member.

For a quick and easy way to legally document your plan, visit our free website shown below. The entire process takes only 15-20 minutes, so you can immediately get this urgent matter taken care of.

⇒ Visit our website to go through these steps and create legal documents naming guardians for the long-term care of your children, absolutely free. Do it here now!

After you’ve used our website to name your legal guardians, you can then work with us as your Personal Family Lawyer® to create a more comprehensive plan that includes all the necessary legal documents to ensure the well-being of your children and the assets you’re leaving behind, no matter what happens.

With us as your Personal Family Lawyer®, you’ll have a trusted advisor who can help you navigate all the legal, insurance, financial, and tax issues involved with estate planning. Indeed, we can put a plan in place that not only protects and provides for your children, but your entire family.
This article is a service of Marianne S. Rantala, 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 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 at (631) 627- 3433 to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.