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When Anna Harp lost her father, Rudolph Clausing , she didn’t get to say goodbye. It was January 2021, during the height of the COVID-19 pandemic. Her dad had been battling lung disease when he contracted the virus, and strict hospital protocols meant his family couldn’t be by his side in his final days. Anna was just 27. Her father was 66. And in an instant, he was gone. But in the aftermath of her father’s passing, as her mother gathered his things from the hospital, she discovered something Anna never expected—a notebook, and inside it, a note scrawled in her dad’s handwriting: “It has been such a good life.” Seven simple words. And yet, to Anna, they were everything. This touching story reveals something profound about what loved ones truly need after someone dies. While we often focus on financial inheritance and legal documents, the reality is that your loved ones will treasure your humanity, your love, and your guidance far more than any material wealth you leave behind. So the question is: are you preparing to give them what they'll value most? What Your Family REALLY Values After You're Gone In the immediate aftermath of losing someone you love, money becomes secondary to the desperate need for connection, comfort, and understanding. They'll be searching for pieces of you, trying to feel your presence, and longing to know what you would have wanted them to do. When you die without sharing your deeper thoughts and feelings, your loved ones are left with an emotional void that no amount of money can fill. They may spend years wondering what you were thinking, whether you were proud of them, or how you would have handled certain situations. This uncertainty has the power to create lasting pain that affects their relationships, their decisions, and their ability to move forward with confidence. The people who struggle most after losing someone aren't necessarily those with financial problems—they're the ones who feel emotionally adrift because they don’t know how to find peace after their loved one has died. The True Legacy of Love: Clear Communication and Guidance The best way to help them find peace is by passing on your love. Love is expressed through preparation and clear communication. When you take time to share your thoughts, values, and wishes with your family, you're giving them a roadmap for navigating life without you. This isn't just about end-of-life care or funeral arrangements—it's about providing the emotional support and practical guidance they'll need for years to come. This type of communication becomes a legacy of love that extends far beyond your lifetime. When your children face difficult decisions, they can ask themselves what you would have done. When they need encouragement, they can remember your words of support. When they want to honor your memory, they know exactly what would make you proud. Clear communication also prevents the kind of family conflicts that can destroy relationships after someone dies. When everyone understands your wishes and the reasoning behind them, there's less room for misunderstanding or manipulation. Your words become a unifying force that brings your loved ones together rather than driving them apart during an already difficult time. Unfortunately, traditional estate planning completely misses this crucial need for emotional connection and ongoing guidance. Traditional planning focuses solely on legal documents, as if dying is a purely financial transaction. Traditional estate planners may ask you who should get your house and how to minimize taxes, but they won't help you communicate your values, share your life lessons, or prepare your family for the emotional realities they'll face after you're gone. Create Your Own Legacy of Love Through Life & Legacy Planning Life & Legacy Planning is so much more than traditional estate planning. It prepares your loved ones for a life without you. Here’s how: You Create Clarity, Not Just Documents Life & Legacy Planning is so much more than creating documents. It's estate planning done the right way so that it will work for the people you love most when they need it to. Once you create a Life & Legacy Plan with me, your loved ones will have the guidance they need. They’ll know where to find important documents, how to access your accounts, and what steps to take first. They will have clear instructions about everything from paying bills to handling your business interests. But most importantly, they'll understand your wishes, not just about money, but about the things that matter most to them—how you'd want your children raised if you die while they’re minors, and what values you hope they'll carry forward. Your loved ones will know what family traditions you want to pass on, and what stories you want to tell about family members long-since passed. You Prepare Your Loved Ones for Financial Realities Your Life & Legacy Plan will also address the financial realities - not just the transactions - your loved ones will face. How will your spouse manage the mortgage? What about your children's future education costs? How can you ensure your family maintains their lifestyle while also preparing for long-term financial security? The answers to these questions won't come from a life insurance policy or a set of documents alone. You Leave a Piece of Yourself An important part of my Life & Legacy Planning Ⓡ process, most clients tell me it’s the most important part, is I help you create a Life & Legacy Recording. It's your opportunity to speak directly to your loved ones about what matters most. You might share the story behind family heirlooms, explain your values and hopes for the future, offer encouragement for difficult times ahead, or simply express how much your family means to you. Unlike Rudolph's note, which was discovered by chance, your Life & Legacy Recording is specifically designed to be watched when your family needs it most. It becomes a permanent reminder of your love, wisdom, and presence in their lives. Your grandchildren will even be able to hear your voice and learn from your experiences, even if they're born years after you're gone. You Give Them a Guide So They Have Someone to Turn to When They Need It Finally, I have systems in place to review and update your plan on an ongoing basis as your life and assets change, so your plan will work over time, and so you have a trusted advisor at your side who has your back. I'll form a relationship that will last throughout your lifetime, and I'll be available to your loved ones so they know exactly what to do and when. If I am no longer available, know that I’m part of the Personal Family Lawyer Ⓡ network - lawyers who also use the Life & Legacy Planning process - and I’ll ensure one of them will be able to step in and support you and the people you love. This ongoing relationship is what truly makes the difference. Most lawyers lose touch with clients once the documents are created, leaving families to navigate the legal process alone while they're grieving. When they have to go through probate or handle other legal matters, they have no idea what's expected of them or how to manage the process—and this is overwhelming, especially when they're also dealing with grief. Let’s Build a Plan That Leaves No Questions—Only Love If you want to create a plan that leaves a legacy, don’t wait. Life is unpredictable. But your love doesn’t have to be. As your Personal Family Lawyer® Firm, I’ll help you create a Life & Legacy Plan that protects your family legally, prepares them emotionally, and leaves behind the greatest gift you could ever give them the gift of your love. Schedule your complimentary 15-minute discovery call today, so we can create a plan that helps you say: “It has been such a good life.”
When you think about estate planning, you probably picture wills, trusts, and who gets what. But what happens when decisions are made about your body, without your full consent or without know what you would want? In this article, I’ll explain how a comprehensive Life & Legacy Plan protects not just your loved ones, but you. We’ll explore the risks of poor planning, how to make your medical wishes known, and how to ensure no one makes life-or-death decisions for you without your voice. Why You Might Need Health Care Authorizations When it comes to planning for the future, many people think about finances or who will receive their home or personal belongings—but few consider who will speak for them if they can’t speak for themselves. Health care authorizations are legal documents that allow you to name someone you trust to make medical decisions on your behalf if you're unable to do so due to illness or injury. Without these documents in place, your loved ones may face delays or legal complications during already stressful times, especially if doctors are unsure who should be making decisions for you. Appointing a health care agent isn’t just for the elderly or those with serious medical conditions—it’s something every adult should consider. Medical emergencies can happen to anyone, at any time. By designating someone in advance and providing guidance, you ensure that your wishes are followed and that your family isn’t left guessing or in conflict about what to do. It’s one of the simplest and most compassionate steps you can take to protect your well-being and ease the burden on those you love. How Hospitals Make Decisions When You Don’t When you haven't created a plan that legally appoints a healthcare proxy or outlines your care preferences, hospitals rely on state laws and default policies to make decisions on your behalf. This process can be chaotic, impersonal, and completely disconnected from what you would actually want. Here's what typically happens when you don't have your own plan in place. First, medical staff will review any existing documentation, including your driver's license for organ donor status, search for advance directives in your medical records, and consult hospital databases. If they find nothing, they turn to state law to determine who has the legal authority to make decisions for you. The state's default hierarchy usually prioritizes spouses first, then adult children, then parents, then siblings. But what if you're estranged from your spouse? What if your adult children disagree with each other? What if the person the state chooses doesn't actually know your values or wishes? In emergency situations, time pressure makes everything worse. Hospital staff need quick decisions about life support, treatment options, and potential organ donation. Without clear guidance from you, your loved ones may feel forced to make impossible choices based on incomplete information, their own emotions, or pressure from medical staff. Knowing all this, what can you do to keep your loved ones from having to make these emotionally painful decisions? You can create a plan that works when you and your loved ones need it to. Key Documents That Protect Your Medical Wishes One part of planning that works is creating specific legal documents that give your loved ones the authority and guidance they need. Each document serves a different purpose, but they work together to ensure your wishes are followed. Here are the typical documents - tools, really - that you’ll create when you work with us: A Living Will outlines your preferences for life-sustaining treatments, such as ventilation, resuscitation, and artificial nutrition. This document tells medical professionals and your loved ones exactly what you want if you're unable to communicate. Do you want to be kept alive at all costs? Are there circumstances where you'd want treatment stopped? Your directive provides these answers in writing. A Durable Power of Attorney for Healthcare names the specific person you want to speak on your behalf if you can't. This person becomes your healthcare proxy, with legal authority to make medical decisions according to your wishes. Without this document, hospitals must follow state law to determine who can make decisions for you, and that person might not be who you would choose. For the sake of clarity, know that some states (including Missouri) combine the Living Will and the Durable Power of Attorney for Health Care into one document called the Advance Directive for Healthcare . HIPAA Authorization forms ensure your chosen decision-makers can access your medical information. Even close family members can be blocked from receiving medical updates unless you've given them written permission. This document removes barriers that could prevent your healthcare proxy from getting the information they need to advocate for you. Having these documents in place is an integral part of your plan, but not the entire plan. You need more than just the documents or you risk failing your loved ones - and yourself. Why Documents Alone Aren't Enough While these documents are essential, they're just pieces of paper unless they're part of a comprehensive plan that actually works when you need it. Too many people think that signing a few forms means they're protected, but documents sitting in a drawer can't speak for you in a crisis. In addition, documents can become outdated as your health, family situation, or values change over time. The healthcare directive you signed ten years ago might not reflect how you feel today about end-of-life care. Your chosen healthcare proxy might have moved away, become ill themselves, or simply be unavailable when needed. Even current, properly executed documents can fail if your loved ones don't know where to find them or how to use them effectively. In the chaos of a medical emergency, family members might not know these documents exist, or hospital staff might not have immediate access to them. They need to be able to access the documents at the moment they need them. But perhaps most importantly, documents can't replace the conversations you need to have with your loved ones about your end-of-life wishes. If you haven't talked openly about what you want—and why you want it—you're leaving your family to make excruciating decisions on their own, wondering if they're doing the right thing or whether their decisions will be the catalyst for long-term conflict. When you take the time to have these difficult conversations—explaining not just what you want, but why you want it—you lift an enormous burden from their shoulders. Instead of agonizing over an impossible choice, they can act with confidence, knowing they're honoring your wishes. You’re also potentially preventing disputes among family members who may disagree about your care. Ultimately, your loved ones need someone they can turn to for guidance when faced with impossible choices. They may need support in understanding your intent and advocating for your wishes when medical staff might pressure them to make different decisions. All of this, and more, is just one reason why when I work with you, I’ll be your trusted advisor for life - and your family’s advisor if you’re incapacitated or when you die. They’ll have a heart-centered human who knows you, your values, your wishes, and your intentions, and can see them through a difficult time with not only the legal support they need, but also the emotional support they want. Book a 15-Minute Discovery Call to Start Your Plan With a comprehensive Life & Legacy Plan in place, you can make sure your medical choices are respected, your family is protected, and no one ever has to question whether they did the right thing for you. When you work with us, we’ll be there not just to help you plan, but to guide your loved ones in an emergency and after you die. During those first frantic hours or days in a hospital, when emotions run high and decisions must be made quickly, your family won’t be left to figure it out alone. They’ll have me to turn to—someone who knows you, understands your values, and can help them navigate what comes next with clarity, compassion, and confidence. Your loved ones won’t be dealing with an overwhelmed hospital system or a stack of confusing paperwork—they’ll have a real human being to lean on. To learn more about how I support you and your loved ones for life, book your 15-minute discovery call with me today.
You've built something special. Maybe it's an innovative product, a recognizable brand, or a unique process that sets you apart from competitors. But dangerous misconceptions about intellectual property could leave your most valuable assets completely unprotected. Intellectual property (IP) myths are costing businesses millions in lost revenue, legal battles, and missed opportunities. Let's explore five of the most damaging IP myths and uncover the truths that could save your business from costly mistakes. Myth 1: "My Business Is Too Small to Worry About IP Protection" This might be the most costly myth in business today. Many entrepreneurs think IP protection is only for large corporations with deep pockets and teams of lawyers. The truth is exactly the opposite. Small businesses often have the most to lose from IP theft because they have fewer resources to recover from it. When a competitor copies your innovative product or steals your brand identity, you don't have the luxury of absorbing those losses like a Fortune 500 company might. This includes everything from your local bakery's secret recipe to a freelance designer's logo creations to a consultant's proprietary methodology. Your business likely has intellectual property assets right now, whether you realize it or not. Your business name, logo, marketing materials, customer lists, and any unique processes represent potential IP assets. Without proper protection, you're essentially inviting competitors to build their success on your hard work. If you own a small business, you actually have advantages over big corporations when it comes to IP protection. You can move quickly to secure trademarks and copyrights and implement protection strategies without navigating complex corporate bureaucracy. Myth 2: "Registering My Business Name Gives Me Trademark Protection" This misconception trips up countless business owners and can lead to devastating legal battles. Registering your business name with your state's Secretary of State office does not provide trademark protection. These are completely different legal systems serving different purposes. Business registration simply allows you to operate legally under that name within your state's jurisdiction. It doesn't prevent other businesses from using similar names, especially in different geographic areas or industries. A trademark protects your brand identity in the marketplace and gives you exclusive rights to use that mark in connection with your goods or services. Here's where it gets expensive: imagine you've built your business for several years under a name you registered with your state, only to discover that someone else has federal trademark rights to a similar name. They could force you to rebrand entirely, costing you thousands in new marketing materials, lost brand recognition, and potential legal fees. Trademark rights can be established through use in commerce, but federal registration provides much stronger protection. It gives you nationwide priority, the right to use the ® symbol, and stronger legal remedies if someone infringes on your mark. Myth 3: "Everything on the Internet Is Free to Use" This digital-age myth has probably caused more copyright infringement than any other misconception. Just because you can easily find and download images, text, music, or videos online doesn't mean you have the right to use them in your business. Most content online is protected by copyright from the moment it's created and fixed in a tangible form. This includes photographs, articles, graphics, videos, and even social media posts. Using these materials without permission can result in expensive lawsuits, with damages ranging from hundreds to hundreds of thousands of dollars per infringed work. Even if there's no visible copyright notice, the content is still protected. Copyright notices aren't required for protection under current law. Even if you found the image on a "free" website, you need to verify that the site actually has the right to license that content. The penalty for not doing so can be significant. Under federal copyright law (17 U.S.C. § 504(c)), statutory damages can range from $750 to $30,000 per work infringed, and up to $150,000 for willful infringement. Plus, you might have to pay the copyright owner's attorney fees. Instead of risking these costs, invest in properly licensed content from legitimate stock photo sites, hire creators to make original content, or use content that's specifically in the public domain. Myth 4: "I Don't Need to Worry About IP Until I'm Ready to Sell My Business" This backward thinking can dramatically reduce your business value when it comes time to exit. Intellectual property often represents a significant portion of a business's total value, sometimes even more than physical assets. But if you wait until you're preparing to sell to address IP protection, you've missed years of value creation and protection. Investors and acquirers place enormous value on protected intellectual property because it represents defensible competitive advantages. A business with strong IP protection can command premium prices and attract more serious buyers. Conversely, a business with unprotected IP assets can see its value plummet. IP protection should be part of your business strategy from day one. Early protection not only safeguards your assets but also creates value that compounds over time. A trademark that's been in use and federally registered for several years is more valuable than one that's newly registered. Proper IP protection during your business's growth phases can prevent costly disputes that could derail a sale. Due diligence processes for business sales always include IP audits, and any ownership questions or infringement risks can kill deals or dramatically reduce offers. Myth 5: "Patent Protection Is Too Expensive and Complicated for My Business" While patent protection can be expensive and complex, this myth prevents many businesses from protecting valuable innovations that could become their most important assets. The key is understanding when patent protection makes sense and exploring all your options. Patent protection isn't just for high-tech inventions or pharmaceutical breakthroughs. Patents can protect manufacturing processes, business methods, software innovations, and even simple mechanical improvements. If your business has developed a unique way of solving a problem, there might be patentable subject matter worth protecting. While a full patent application can cost $15,000 to $25,000 or more with attorney fees, there are options for smaller businesses. Provisional patent applications can provide temporary protection for about $1,500 to $3,000, giving you a year to test the market and determine if full protection is worthwhile. For qualifying small businesses, the U.S. Patent and Trademark Office offers reduced fees that can cut costs significantly. Additionally, some innovations might be better protected through trade secrets, which don't require expensive patent filings but do require proper confidentiality measures. The bigger risk might be not exploring patent protection when you have valuable innovations. Without protection, competitors can freely copy your innovations once they become public. Moving Beyond Myths to Strategic IP Protection Understanding these myths is just the first step. The real value comes from developing a strategic approach to intellectual property that aligns with your business goals and budget. This means conducting regular IP audits, understanding which protection methods make sense for your situation, and implementing consistent practices to maintain and enforce your rights. IP protection should be viewed as an investment in your business's competitive position and future value, not just a legal expense. When done strategically, IP protection can become one of your most valuable business assets. How to Ensure Your IP is Protected We can guide you through the process of implementing intellectual property protection and other strategies to help your company thrive. That's why I offer the LIFT Business Breakthrough™ Session, where I'll dive deep into your current legal, insurance, financial, and tax systems and identify gaps. Then together, we'll ensure your business is primed for growth, giving you the freedom and success you've been striving for. Book a call today to start your journey toward a more successful, well-protected, and profitable business.
The massive tax legislation known as the "One Big Beautiful Bill" (“OBBB”) became law on July 4, 2025, brings sweeping changes that will affect nearly every American family. While much of the media attention has focused on the political drama surrounding its passage, what really matters is how these changes impact your family's financial security and estate planning needs. With nearly 900 pages of complex provisions, the new law extends many tax cuts, creates new deductions, and makes significant changes to healthcare and benefit programs. Understanding these changes isn't just about saving money on your taxes—it's about ensuring your loved ones’ long-term security and making sure your estate plan works when your loved ones need it most. The Big Changes That Affect Your Daily Life The new law brings several immediate changes that could impact your family's finances. Many of these provisions are temporary, which creates both opportunities and planning challenges that require careful attention. The new law creates several categories of benefits that could significantly impact your family's tax burden: Family Benefits: ● Child tax credit increases to $2,200 per child starting in 2026 ● New "Trump Accounts" for children born 2025-2028 with $1,000 government contribution and up to $5,000 annual family contributions for future education or home purchases ● Parent Plus student loan limits now capped at $65,000 per student, potentially affecting college funding strategies Worker Categories with Special Treatment: ● Tip earners can deduct up to $25,000 of tip income from federal taxes through 2028 ● Overtime workers get deductions up to $12,500 for individuals or $25,000 for married couples through 2028 ● Both benefits phase out at higher income levels and expire after 2028 Temporary Expense Relief: ● Car loan interest becomes deductible up to $10,000 annually for U.S.-made vehicles (2025-2028) ● State and local tax deduction increases from $10,000 to $40,000, though this benefit phases out for higher earners and expires after five years ● Seniors receive a new $6,000 deduction if they're 65 or older and meet income requirements, but this benefit only lasts through 2028. These temporary provisions create a complex web of expiring benefits that families must navigate carefully. Healthcare and Benefits: What's Changing Beyond tax changes, the new law significantly alters healthcare coverage and benefit programs in ways that could affect millions of families. These changes particularly impact older Americans and those who rely on government assistance programs. Several major program changes will affect how families access healthcare and benefits: Medicaid Changes (Starting Late 2026): ● Recipients ages 19-64 must work, volunteer, or attend school for 80+ hours monthly to maintain coverage ● Exceptions exist for caregivers of children under 14, but new administrative requirements could cause eligible people to lose coverage due to paperwork complications ● States may face budget pressures that could lead to further restrictions Food Assistance Program Changes: ● SNAP work requirements now apply to people up to age 64 (previously age 55) ● States must contribute 5-15% of SNAP benefit costs starting October 2027, potentially leading some states to restrict eligibility or withdraw from programs entirely Health Insurance Marketplace Changes: ● Enhanced tax credits for ACA coverage will expire, potentially increasing premium costs by an average of 75% ● New documentation requirements could make it harder for people to maintain coverage ● These changes create new vulnerabilities for families who might face unexpected job loss, health issues, or caregiving responsibilities. Your estate plan should account for these potential gaps in coverage and ensure your family has resources available during difficult transitions. Estate Planning in the New Reality The most significant estate planning change in the new law is the permanent increase of the federal estate tax exemption to $15 million per person, or $30 million for married couples. This means only about 350,000 American families—roughly one in every 400 households—will face federal estate taxes. However, this change doesn't make estate planning less important. In fact, the complexity and temporary nature of many provisions in the new law make comprehensive Life & Legacy Planning more crucial than ever. The law's many temporary provisions create planning challenges that traditional estate planning simply can't address. When tax benefits expire in 2028, families may face sudden changes in their financial situations. Without proper planning, these transitions could create unnecessary stress and financial hardship for your loved ones. Moreover, the law's focus on specific categories of workers and temporary benefits creates artificial incentives that may not reflect your family's long-term needs. A comprehensive Life & Legacy Plan helps you navigate these complexities while ensuring your fundamental goals—protecting your family and preserving your legacy—remain the priority. The new law also demonstrates how quickly and dramatically tax and benefit policies can change. What seems permanent today may be modified or eliminated tomorrow based on political and economic pressures. This reality makes it essential to have a plan that can adapt to changing circumstances while maintaining core protections for your family. Building Security in an Uncertain Environment Real protection for your family goes far beyond having a set of documents in place. Your loved ones need a comprehensive plan that considers both the legal aspects of transferring assets and the practical realities of daily life after you're gone. The complexity introduced by the new law makes this even more important. I don’t create a traditional estate plan because I’ve seen how traditional, documents-focused planning fails families time and time again. Instead, I have a process called Life & Legacy Planning. Life & Legacy Planning is so much more than creating documents. It's estate planning done the right way so that it will work for the people you love most when they need it to. Once you create a Life & Legacy Plan with me, your loved ones will know where to find important documents, how to access accounts, and what steps to take first. They will have clear instructions about everything from paying bills to handling your business interests. Your Life & Legacy Plan addresses critical areas that traditional estate planning often overlooks: Immediate Access and Instructions: ● Clear guidance on where to find important documents and how to access accounts ● Instructions for loved ones about what to do if you become incapacitated and when you die ● I will be there for your loved ones to provide ongoing support, and if I can’t, I have systems in place to ensure another trusted lawyer can step in and help Financial Reality Planning: ● Strategies for managing increased healthcare costs, if it becomes necessary ● Contingency plans for when temporary tax benefits expire while family members are still financially dependent ● Methods to maintain your family’s lifestyle while building long-term financial security Ongoing Adaptability: ● Regular plan reviews to address changing laws and life circumstances, so your plan works over time ● Systems to update your asset inventory and beneficiary designations as your situation evolves ● Ongoing relationship with me, who understands both your family dynamics and the legal landscape Your Next Steps The One Big Beautiful Bill creates both opportunities and challenges for American families. While some provisions offer immediate tax savings, the temporary nature of many benefits and the broader changes to healthcare and benefit programs require careful planning to protect your loved ones’ long-term security. We help you create a Life & Legacy Plan that works regardless of changing political winds or economic conditions. Our process starts with a Planning Session, where we'll discuss how these new laws affect your specific situation and what steps you can take to protect your family's future. Don't let the complexity of the new law overwhelm you or prevent you from taking action. The families who thrive through periods of change are those who plan ahead and work with a trusted advisor who understands both the opportunities and the risks, and is there to provide personal guidance and support for you and your loved ones. Click here to schedule a complimentary 15-minute discovery call to learn more and get started!
When people hear the term “estate planning,” they often think it’s only for the wealthy or something to put off until retirement. But the truth is, estate planning is for everyone—at every stage of life . Whether you're a young professional, a new parent, or simply someone ready to get organized, a solid estate plan gives you peace of mind and protects the people you love most. So where do you start? Here’s a step-by-step guide to what your estate planning attorney will walk you through in building an estate plan that fits your life, your family, and your future. 1. Understand Why Estate Planning Matters Estate planning isn’t just about what happens after you die—it’s about making sure your wishes are carried out during your life, too. A good estate plan ensures: Your children are cared for by people you trust. Your finances are managed if you’re unable to do so. Your medical decisions reflect your preferences. Your assets are passed on with as little delay, confusion, or cost as possible. Without a plan, state law decides— and that may not align with what you want . 2. Take Inventory of What You Own and What You Owe Start by listing out: Real estate (homes, land, rental properties) Bank accounts, retirement accounts, and investments Life insurance policies Business interests or intellectual property Vehicles, valuables, and personal belongings Any outstanding debts Knowing what you own will help you—and your attorney—build a plan that protects those assets and distributes them efficiently. 3. Think About Who You Trust You’ll need to choose the right people to: Handle your affairs if you can’t (agent under a power of attorney) Make healthcare decisions on your behalf (healthcare proxy) Serve as executor of your will or trustee of your trust Care for your children if something happens to you (guardian) These choices are personal and important—pick people who are trustworthy, organized, and willing to serve. 4. Decide Who Gets What (and When) This is where the “planning” comes in. Do you want your children to inherit at a certain age? Should assets be held in trust? Would you want someone to receive a specific item or amount? Estate planning isn’t always about dividing things equally—it’s about dividing things wisely . 5. Create the Core Documents A comprehensive estate plan typically includes: Last Will and Testament: States your wishes and names your executor and guardians. Revocable Living Trust (optional): Allows for probate avoidance and long-term asset management. Durable Power of Attorney: Lets someone manage your finances if you’re incapacitated. Healthcare Power of Attorney & Living Will: Names someone to make medical decisions and outlines your preferences for care. HIPAA Authorization: Grants access to your medical information when needed. Authorized Caregiver: Allows someone you trust to care for your children if you are temporarily unable. Your estate planning attorney will help tailor these documents to your situation and to state law. 6. Review and Update Beneficiaries and Transfer Assets Make sure the beneficiaries on your life insurance, 401(k), IRA, and other accounts are up to date. These designations override your will—so even if your will says one thing, the account will go to whomever is listed as the beneficiary. 7. Store Everything Securely—and Let Someone Know Keep your signed documents in a safe, fireproof location. Make sure your trusted people (like your agent or executor) know where they are and how to access them in an emergency. Talk to an Estate Planning Attorney While it may be tempting to download a few templates or use a DIY website, estate planning is not one-size-fits-all. An experienced estate planning attorney doesn’t just fill in the blanks—they help you create a plan that reflects your family’s unique needs, goals, and values. Here’s why working with an attorney is so important: Know All Your Options Most people don’t know what they don’t know. Should you use a will or a trust? How can you protect your assets from probate or creditors? What if you own a business, or have children from a previous relationship? An attorney will help you understand your legal options and recommend strategies that match your situation—not just the default choices. Align Your Plan with Your Family’s Goals Whether your priority is minimizing taxes, protecting your children, avoiding family conflict, or maintaining privacy, a lawyer can structure your plan to make sure it’s working for you—not just checking boxes. Avoid Mistakes That Could Hurt Your Loved Ones DIY estate plans often contain errors or omissions that aren’t discovered until it’s too late—when the plan needs to work and fails. Working with an attorney ensures your documents are legally valid and fully aligned across your financial and personal life. Keep Your Plan Up to Date Estate planning isn’t a one-and-done task. As your life changes—marriage, children, divorce, moving states, or growing wealth—your plan needs to evolve. An attorney can guide you through regular updates so your documents always reflect your current wishes. Bottom line: Estate planning is personal, and the stakes are high. A well-crafted plan can protect your family, preserve your legacy, and give you peace of mind. An estate planning attorney is your partner in making sure that happens—properly, legally, and thoughtfully. Final Thoughts Getting started with estate planning may feel overwhelming, but it’s one of the most thoughtful, protective, and empowering things you can do. Whether you’re planning for young children, aging parents, or just your own peace of mind, taking action now saves your loved ones confusion and stress later. If you’re ready to start, consider reaching out to an estate planning attorney for a free consultation —it’s easier (and more affordable) than most people think.
When Ian Burke, a mail carrier from Destin, Texas , heard that Floyd—a 70-pound dog he'd befriended on his delivery route—had ended up in a shelter after his owner's death, he didn't hesitate. Burke arrived at the City of Denton Animal Shelter before it opened to be first in line to adopt Floyd and give him a new home. It's a heartwarming story with a happy ending, but it also highlights a sobering reality: Floyd was lucky. Thousands of pets aren't so fortunate when their owners pass away without making arrangements for their care. According to the American Society for the Prevention of Cruelty to Animals (ASPCA), 5.8 million dogs and cats entered animal shelters and rescue organizations in 2024, and many are there because their owners died or became incapacitated without a plan in place. As touching as Burke's story is, Floyd's situation could have ended very differently. What if no one had stepped forward? What if Burke hadn't heard about Floyd's plight? This story serves as a powerful reminder that our beloved pets depend entirely on us—not just for their daily care, but for their future security. Let's explore why including your pets in your Life & Legacy Plan isn't just thoughtful—it's essential. The Reality Most Pet Owners Don't Consider According to Burke, Floyd's owner was a Vietnam veteran who clearly loved and cherished his dog. Yet despite this strong relationship, Floyd still ended up in a shelter. This scenario plays out across the country every day. Well-meaning pet owners assume that a family member will automatically step in to care for their animals, but this isn't always the case. Families might live far away, have allergies, rent properties that don't allow pets, or simply be unable to take on the financial responsibility of pet ownership. Even more challenging is that when families are grieving, they're often overwhelmed by legal processes they don't understand, leading to hasty decisions that leave beloved pets in uncertain situations. Animals also grieve the loss of their owners and struggle with sudden changes in environment and routine. Floyd was fortunate that Burke acted quickly, but many pets experience weeks or months of uncertainty before finding new homes, if they find them at all. So what can you do to make sure your beloved pet is cared for by the people you want in the way you want? What to Do Instead You might think that simply telling a family member, "Take care of Fluffy if something happens to me," is enough, but informalities often fail when put to the test. During times of grief and stress, verbal promises can be forgotten, circumstances can change, and family dynamics can complicate even the best intentions. Without clear legal guidance and a trusted advisor who understands you and your wishes, your pet could end up in a shelter, just like Floyd. Thoughtfully Choose and Prepare Your Pet’s Future Caregivers A comprehensive pet plan goes far beyond naming a caregiver within a set of documents. When you work with us, we’ll take time to understand you and your wishes for your pet’s care - We’ll support you to identify the right people to care for your pet, and prepare them so they know how to care for your pet in the way you want. We can also help you have honest conversations with your chosen caregivers about expectations, financial arrangements, and long-term commitments. Additionally, We’ll help you create contingency plans, including choosing backup caregivers in case your first choice is unavailable, or selecting a “first responder” who can be immediately available in the event of an emergency. We will be there for your loved ones after you die, to guide your chosen caregiver with care, so they can implement your wishes, rather than leaving them to figure out what to do and how. I will help make the process smooth and as easy as possible for them. And if I’m no longer living, I’ve created succession plans to ensure your loved ones will have the support they want and need. Consider the Practical Aspects That Are Often Overlooked Your plan should also include detailed and practical guidance that’s often overlooked by cheap legal plans, AI, financial advisors, and even traditional lawyers. This includes information about your pet's routine, dietary needs, medical history, behavioral quirks, and preferences. For instance, does your dog have specific walking routes or dog parks he enjoys? Does your cat need medication at certain times? What treats does your pet love, and what foods should be avoided? This information helps ensure continuity of care and reduces stress for both the pet and the new caregiver. Other practical aspects to consider include providing your caregivers information about how to access veterinary records, vaccination schedules, microchip information, and pet insurance policies. Your chosen caregiver will also appreciate having details about your pet's daily routine, favorite toys, and comfort items that should accompany them to their new home. Additionally, consider what you want to happen when your pet is approaching the end of their life. Having clear instructions for your pet’s caregiver about when and how to make these difficult decisions removes an enormous emotional burden from your caregiver and ensures your values guide these important choices. Finally, a critical issue often overlooked is what happens if you’re incapacitated and can’t take care of your pet. If you become incapacitated, who will care for your pet during your recovery or long-term care? In an emergency, how will they access your home to retrieve pet supplies and comfort items? These practical considerations are often overlooked, but are crucial to ensure your pet is fed, watered, and walked. A colleague of mine once saw a man rollerblading in a local park, and at high speed, he fell and suffered a head injury. Luckily, a neighbor walked by who knew the man and knew he had a dog, and was able to get inside the house and take the dog while his owner was taken to the hospital. But what if that neighbor hadn’t been there? How long would the dog have been alone, without food or water? Would the dog have lived much longer? It’s scary to think about. Make a Financial Plan for Your Pet’s Care According to a report by Rover.com published this year , the lifetime cost of owning a cat or dog is estimated to be $32,000-$35,000. Given that, not having a solid financial plan can make all the difference between your pet being cared for by the right person or ending up in a shelter. When you work with me, I’ll educate you about your options so your chosen caregiver has the resources they need. One option is creating a pet trust. A pet trust offers two main benefits: it removes or lessens the financial burden a pet may place on a designated caretaker, whom may not be able to care for your pet otherwise, and it allows you to dictate, in enforceable and detailed terms, the type of care your pet will receive. Pet trusts can also specify how much money should be spent on routine care, medical expenses, and even end-of-life decisions. When you work with us, we will educate you so you know whether a pet trust makes sense for you and your pet. If not, we’ll support you to create the right financial plan for you. How Life & Legacy Planning Protects Your Beloved Pet Unlike Life & Legacy Planning, traditional estate planning doesn’t take into account the personal guidance and support you need to ensure your pet is cared for the way you want. Traditional estate planning won’t provide your loved ones with guidance when something happens to you. And traditional estate planning is usually “one-size-fits-all,” meaning it may not include what your pet and caregiver need. Traditional estate planning focuses only on creating a set of documents, like a will, trust, power of attorney, and healthcare directive (or, a “documents only plan”). That set of documents usually sits on a shelf and becomes outdated, and can fail, potentially resulting in your pet being taken to a shelter. Documents don’t provide care and human support for loved ones. And if you don’t have a trusted advisor looking out for you and staying in touch to ensure your plan stays up to date, it won’t work. The difference between traditional estate planning and working with me to create your Life & Legacy Plan is that I build a lasting personal relationship with you, and one that extends support to your loved ones after you're gone. While many lawyers lose touch with clients once documents are signed (another feature of “documents-only” planning), I maintain an ongoing relationship, rooted in care, concern, and personal connection. Finally, our Life & Legacy Planning Ⓡ process includes ongoing reviews and updates to your plan as your life changes. I have systems in place to remind you, so you don’t need to remember to amend your plan on your own. If your pet’s designated caregiver moves away or your pet's needs evolve, we will catch it in time and adjust your plan so it doesn’t become outdated and fail. If your plan is updated when you die, your loved ones won't be struggling to figure out what to do —they'll have me to guide them through the process with care and support. And if I’m no longer living, I have plans in place to ensure continued care for your loved ones. Take Action for Your Pet's Future Today Floyd's story ended happily because of one mail carrier's compassion and quick action, but your pet's future shouldn't depend on chance encounters and random acts of kindness. By including comprehensive pet planning in your Life & Legacy Plan, you can ensure that your beloved companion receives the care, love, and security they deserve, no matter what happens to you. We’ll help you create a Life & Legacy Plan that protects every member of your family, including the four-legged ones. Unlike traditional lawyers who create documents and then move on to the next client, I understand that effective planning requires ongoing care and attention so it works when you need it to. And when you're no longer here, your loved ones won't struggle to understand the legal process or wonder what you would have wanted for your pets. I will be there for them when they need guidance and care. This ongoing relationship is what transforms a simple set of documents into a plan that truly works, giving you peace of mind knowing all your loved ones, even the furry ones, will be protected and cared for. With Life & Legacy Planning, you can give your loved ones the greatest gift they could ever want: your lasting love and care. Click here to schedule a complimentary 15-minute discovery call and learn how I can help you create a plan that protects everyone you love.
When thinking through their estate plan and how they want their assets (money and property) managed after they pass away, most parents wish to treat their children equally, often out of a sense of fairness. However, sometimes being fair or doing what is right by your children may mean giving unequal inheritances. The Key Takeaways ● Treating children fairly does not always mean equal inheritances. ● How and when each child receives an inheritance may need to be customized to each child’s needs and circumstances. ● Not providing an outright inheritance is usually a good choice, as assets in a trust can be protected from the beneficiary’s irresponsible spending, divorce, predators, and creditors. When Unequal Inheritances May Be Fair There are often special circumstances to consider before you divide the family pie into equal parts. For example, you may ● choose to leave more money to your son who struggles to support his family on a modest teacher’s salary than to your daughter who makes seven figures, is married to a Wall Street tycoon, and has no children; ● opt to give a larger inheritance to a child who has dedicated themselves to volunteer work, the arts, religion, or public service; ● want to compensate a child who has given up part of their own life to care for you; ● wish to provide equally for all of your grandchildren, even if one child has more children than another; ● have a much younger child who needs care until adulthood, whereas your adult children are financially independent; ● have a special needs child who will need expensive and in-depth care for their entire lifetime; or ● have a child who has contributed to the family business and other children who have not. Instead of making them all equal owners in the business, you may want to leave the business to the one who has contributed and shown an interest and then provide for the others with other assets such as life insurance. Distribution of Inheritances May Also Vary You need to decide not only how much your children should receive but also when they will receive it, which may differ for each child. You can distribute inheritances in a lump sum or in installments; or you can keep an inheritance in a trust to be used for the children’s benefit at the trustee’s discretion without giving a child money outright. Consider factors such as the size of the potential inheritance, your children’s ages and family situations, how they have handled their own money, and how much they need your financial gift. What You Should Know Many parents do not provide outright inheritances, preferring to keep assets in a trust for their children. The trustee can make distributions for your children’s benefit based on guidelines you provide, while assets that stay in the trust have greater protection from irresponsible spending; creditors (bankruptcy, lawsuits, and divorce); and predators (those with undue influence on your child). Example. Frank and Jen have two sons who are stable and responsible with their own money. Their sons will receive their inheritances in a lump sum after Frank and Jen die. However, their daughter is in and out of rehab and has been irresponsible with her own money. Fearing she will misuse her inheritance, Frank and Jen decide to keep her share in a trust so she can be provided for without the assets being completely available to her. Actions to Consider ● If you can afford it, consider giving your children some of their inheritance now. Not only will you have the opportunity to witness them enjoying your gift, but it will also provide insight into how your children will manage an inheritance. ● Consider whether your children should be your only beneficiaries. Perhaps you have additional goals such as providing for your grandchildren’s education, gifting property to other loved ones, providing for beloved pets, making charitable contributions, or setting up a family foundation or donor-advised fund. You must take action to ensure that your children receive their inheritances in the way that is best for them as individuals. Our office can ensure that your estate plan and your children’s best interests match—and continue to match—as life unfolds. Call us to schedule an appointment to create or review your estate plan.
Summer is in full swing, and whether you’re heading to the beach, the mountains, or hopping on a plane abroad, a family vacation is meant to be a time of fun, connection, and relaxation. But before you pack your bags and set the out-of-office reply, there's one more checklist you should complete—your legal one. While it may not be the most exciting part of trip planning, having key legal documents in place before a family vacation can give you invaluable peace of mind. Life is unpredictable, and being prepared means you can focus on the memories, not the “what-ifs.” Here are the essential legal documents every family should consider having in place before heading out on vacation: 1. Healthcare Directives and Medical Powers of Attorney Accidents and medical emergencies can happen anytime, anywhere—even on vacation. A healthcare directive (sometimes called a living will) and a medical power of attorney allow you to name someone you trust to make medical decisions on your behalf if you're unable to. If you’re traveling without your children, it’s especially important to leave these documents for any caregivers. And if you're traveling internationally or with older children, consider having these documents available for all adults in the family. Tip: Include a HIPAA release so your healthcare agent can access your medical information in an emergency. 2. Durable Power of Attorney A durable power of attorney gives a trusted person the authority to handle your financial or legal matters if you're out of reach or incapacitated. This can be particularly useful if you own a business, have bills due while you’re away, or are managing ongoing legal or financial affairs. 3. Authorized Caregiver for Minor Children If you're leaving your kids behind with grandparents or friends—or if you’re traveling and something happens to both parents—you’ll want a power of attorney authorization in place. This allows the chosen adult to make medical, educational, or emergency decisions on behalf of your children during your absence. 4. Last Will and Testament / Revocable Trust While no one wants to think about worst-case scenarios before a relaxing vacation, having a valid, updated will in place is a key part of protecting your family. A will outlines who would care for your children and how your assets should be distributed. Important: Make sure your will includes clear guardianship designations for minor children—especially if you're traveling as a couple or with extended family. If you have a revocable living trust , this is also a good time to review and ensure it's properly funded and up to date. Trusts can help your family avoid probate and ensure smoother management of your assets if something happens while you're away. 5. Travel Consent Letters If one parent is traveling alone with the children, or if minors are traveling with grandparents or other relatives, travel consent letters are essential. These documents demonstrate that the child has permission to travel, and they may be required by airlines, border agents, or immigration authorities. Include: The non-traveling parent’s contact information Details of the trip Copies of ID or custody agreements, if applicable 6. Emergency Contact and Document Packet Create a simple packet to take with you (or leave with a trusted person) that includes: Copies of the above legal documents Emergency contacts Health insurance cards Copies of passports and travel itineraries You can keep this in a secure cloud folder and/or a physical envelope marked “In Case of Emergency.” Final Thoughts Vacations are meant to be carefree—but being legally prepared is the foundation that lets you truly relax. Taking just a few hours to put these key documents in place can make a world of difference in an emergency and ensure your family is protected, no matter where your travels take you. If you’re unsure where to begin, consider speaking with an estate planning attorney. They can help you create or update these documents quickly, so you can head off on your trip with confidence—and without last-minute stress. Safe travels—and don’t forget your sunscreen and your legal plan!
Every Fourth of July, we celebrate more than fireworks and barbecues. We honor the bold vision of people who refused to accept the status quo and instead created a framework for lasting freedom. The Declaration of Independence wasn't just a document—it was a comprehensive plan that established principles, assigned responsibilities, and created structures to protect future generations. This Independence Day, consider how the same spirit can inspire you to create your own declaration of independence for your loved ones. Just as our founders understood that true freedom requires intentional planning and sacrifice, creating a Life & Legacy Plan ensures your loved ones won't be bound by confusion, court battles, or government decisions when you're no longer here to guide them. Let's explore how the principles that built America can help you build lasting security for the people you love most. Freedom From Government Control Over Your Family's Future Our founders fought for the right to self-governance, rejecting the idea that distant authorities should make decisions about their lives and families. Today, you face a similar choice. Without an estate plan, you're essentially allowing the government to make crucial decisions about your family's future through default state laws and probate courts. Here are just a few things that could happen: A judge who has never met you or your children will decide who raises them. This means they could end up with people you’d never want to raise them - people who don’t share your values or wouldn’t honor your wishes. State laws determine how your assets are divided. The law was written for everyone, and so is inherently a one-size-fits-all solution. The law doesn’t take into account your wishes or your loved ones’ unique needs. It also means that someone you’d never want to inherit from you may, and your assets may not go to the people you want in the way you want. Your loved ones won’t have access to funds when they need them. Your loved ones may wait months or years for access to resources you intended them to have immediately. This means your bills won’t be paid, your children may lose access to funds for ongoing care, or your spouse may not be able to maintain their lifestyle. If you die with a mortgage and no one is able to make the monthly payments, any equity you have may be lost to foreclosure, instead of going to the people you love most. It’s also common for assets to get lost and end up with the state’s department of unclaimed property, because you haven’t created an inventory of your assets, including how to access them after your death - and kept the inventory with your plan and updated it over time. The public can access your personal information. Without an estate plan, your loved ones must go through a court process, which is public. They will need to submit information about your assets and your family. The power to choose belongs to you. In what’s perhaps a rare circumstance, when it comes to your legal planning, your choices override the law. However, not every estate plan will accomplish what you want. Many plans fail because they don’t take into account your unique family dynamics and your specific assets. They also often fail because no one is there to make sure your plan is updated over time, as your assets and life circumstances change. Just as the Constitution is often called a “living, breathing document,” designed for longevity and amended over time, your plan should work the same way. This is exactly what Life & Legacy Planning is all about. Creating Your Own Bill of Rights for Your Loved Ones Life & Legacy Planning goes beyond basic documents to create robust systems that work immediately when your loved ones need them. This includes detailed instructions for your loved ones, asset inventories that prevent anything from being lost, and an ongoing relationship with me, so I can guide them through difficult transitions. Your Life & Legacy Plan also protects future generations by including provisions for how inherited assets should be managed. Instead of leaving your children vulnerable to poor financial decisions at age 18, you can structure their inheritance to support their education, encourage responsible money management, and provide security throughout their lives. Building Lasting Institutions That Protect Your Legacy Unlike traditional estate planning that focuses primarily on creating a set of documents, Life & Legacy Planning is about having an ongoing relationship with a trusted advisor who works with you over time to ensure your plan works. When you work with me to create your Life & Legacy Plan, I’ll also support you to: ● Make sure your children are never taken into the care of strangers and will be raised by the people you want with your guidance. ● Pass on your assets to the people you want in the way you want. This may include a structured inheritance for your children, so they don’t receive assets at age 18, when they’re more likely to make poor financial decisions. ● Create an asset inventory that is updated over time so that no assets get lost and end up in the department of unclaimed property. ● Create a Life & Legacy recording, where you share the stories, traditions, wisdom, and values that matter most to you. These are the things that mean more to your loved ones than money. And it’s the best way to pass on your love and legacy. ● Review and update your plan as your life and assets change. I have systems in place so you never have to remember to update your plan. I’ll do that for you. Your Life & Legacy Plan will also address practical realities that traditional planning ignores. How will your family access your digital accounts? How will they access your passwords? Where are your important documents stored, and how will your loved ones be able to find them quickly? These details can make the difference between a smooth process and months of frustration and confusion. So, as you celebrate the freedoms our founders secured through careful planning and bold action, consider what freedoms you want to secure for your own family. The same courage that led to American independence can inspire you to take control of your loved ones’ future through comprehensive Life & Legacy Planning that works when you need it to. Take Action This Independence Day Don't let another Independence Day pass without taking action to secure your family's freedom. We can help you create a comprehensive Life & Legacy Plan that ensures your loved ones inherit your legacy. We'll begin your planning process with a Life & Legacy Planning Ⓡ Session, where you’ll gain clarity on what would happen to your assets and loved ones if you don't have a plan or have an outdated one. From there, you’ll make educated and empowered decisions to create a plan that works the way you want and reflects your values, protects your assets, and provides clear guidance for the people you love most. Get started today by clicking here to book a complimentary 15-minute consultation with my office.
Disinheritance—the intentional exclusion of a family member, usually a child or spouse, from receiving part of your estate after your death—is more common than you might think. It is also easier than you might think to disinherit a loved one, with a couple of notable exceptions. However, it is not as simple as omitting someone’s name from your estate plan. Depending on their relationship to you and the laws in your state, some people may have legal rights to a portion of your assets (e.g., money, investment accounts, and property) when you die, unless you take specific steps to prevent them from inheriting. Even then, the decision to disinherit someone can lead to disgruntled family members and legal challenges, so the situation must be approached with care, both legally and emotionally. Disinheritance Laws: Who You Can (and Cannot) Disinherit You are generally—but not entirely—free to dispose of your assets at your death however you see fit. This ability to include, as well as exclude, people from your estate plan is known as testamentary freedom. Before delving into how to disinherit someone, let’s look at who might be disinherited and the legal protections they may have against disinheritance. Spouses Disinheriting a spouse is often the most legally complex scenario. Spouses have significant inheritance protections, regardless of what your estate plan says. For example: ● Elective share laws. In most states, a surviving spouse has the right to claim an elective share of the assets owned solely by you, thereby protecting them from total disinheritance. The amount that can be elected varies by state but may be around one-third to one-half of your separately owned property. Some states offer a larger share to surviving spouses as the length of the marriage increases. ● Community property states. If you live in a community property state (such as California, Texas, or Arizona), assets acquired during marriage are typically considered jointly owned, and your spouse automatically has a right to half of the community property. Disinheriting a spouse in these states may apply only to your separate property. These laws make completely disinheriting a spouse challenging—though not entirely out of reach. With careful planning, strategies like prenuptial or postnuptial agreements can be used to waive a spouse’s inheritance rights, even in states with elective share or community property regimes. While these approaches require thoughtful drafting and mutual consent, they offer a path for clients whose estate planning goals call for greater control over the ultimate distribution of their assets. Children When it comes to disinheriting your children, you have fairly broad testamentary freedom. However, children are afforded some protections under applicable state law that may prevent complete disinheritance. Many states have statutory allowances—such as the family allowance, exempt property allowance, and homestead allowance—that serve as built-in protections for minor or dependent children (the term dependent children may even include adult children in some states and in some circumstances). These allowances ensure that, even if a child is not named in a will or trust, they are guaranteed a minimum level of support from the estate. In addition, if a parent passes away while still owing child support—whether from a court order or a divorce settlement—that obligation typically does not vanish with their death. In most cases, the unpaid support becomes a debt of the estate and must be addressed before assets are distributed to heirs or beneficiaries. This ensures that the child’s financial needs continue to be prioritized, even after the parent’s passing. Siblings, Parents, and Others Siblings, parents, and more distant relatives (such as cousins or nieces and nephews) have no automatic right to inherit unless you die without a will (intestate) and these people are next in line under your state’s inheritance laws. In most cases, this only happens if you have no surviving spouse or children. Disinheriting these individuals is relatively straightforward, since they are unlikely to have legal grounds to challenge your estate plan. Still, to deliberately keep a parent, sibling, aunt, uncle, or other extended relative from inheriting your assets, you need to explicitly and unambiguously write this into your will or trust and designate the specific individuals or charities that you do want to inherit from you. Others Who Might Expect Something Sometimes, the person you want to disinherit is not a family member but a close friend, business partner, or caregiver who might expect to receive something. If you have promised them an inheritance in the past (verbally or otherwise) or suggested it in passing, they might try to contest your estate plan if they are not included. Their claims are unlikely to succeed in court, but explicitly excluding them in your estate plan documents can clarify your intentions and eliminate ambiguity and potential lawsuits. What Happens If You Do Not Have an Estate Plan? Dying without a will or trust means that your state’s laws determine who inherits your assets. These laws, known as intestacy rules, prioritize close family members in a specific order, typically the following: 1. Spouse 2. Children 3. Grandchildren 4. Parents 5. Siblings 6. More distant relatives Surveys consistently show that only around one-quarter of Americans have an estate plan . [1] If you want to disinherit someone who would inherit under intestacy laws, you must have an estate plan. Absent a formal, written plan that states your intentions, the wrong person could receive a portion of your assets by default. For example, say you are estranged from a sibling and die without a will. That sibling might inherit part of your money and property if you have no surviving spouse, children, grandchildren, or parents, even though you do not want them to inherit anything. How to Disinherit Someone Disinheriting someone requires a clear and unambiguous statement in your estate planning documents. Leaving their name out of your plan is not enough. The court could assume that an omitted name is unintentional and award them a share of your money and property, especially if the person is a close family member. To disinherit someone, you should take the following steps: ● Make your intent explicit. Your estate plan should explicitly state that you do not want a certain individual to receive any portion of your money and property. Use straightforward language. For example: ○ “I am deliberately excluding [name] from receiving any portion of my estate.” ○ “I specifically direct that my son, [name], shall receive none of my property, whether real or personal.” ● Identify the individual clearly. Use the full legal name of the person you wish to disinherit to avoid any confusion with individuals who may have similar names. For further clarity, you can include their relationship to you, their date of birth, and other distinguishing information, such as their city and state of residence. For example: ○ “I am intentionally omitting my son, Matthew James Walker, born March 2, 1988, currently residing in Seattle, Washington, from any share of my estate. He shall take nothing under this Will.” ● Keep it brief and neutral. Your estate plan is not the place to air grievances or explain your decision in detail. Most people do not realize that wills are public documents and the things they write in them live on in public view and might cause reputational harm. Even if you are trying to explain a disinheritance, making potentially false, damaging claims can expose your estate to legal risk. ○ Writing something such as “I leave nothing to my daughter, Anna Smith, because she is a drug addict and a thief and has embezzled money from her employer” could expose your estate to a claim of testamentary libel—a defamatory statement made in a will that could damage someone’s reputation. ○ Emotionally charged language could also inadvertently create grounds for a legal challenge based on duress or undue influence claims. ○ Keep your language brief and neutral (e.g., “I make no provision for my daughter, Anna Smith, due to personal reasons known to both of us.”). ● Explain your thinking in an (optional) letter. If you feel compelled to explain your decision and have not already discussed it with the person you are disinheriting, consider writing a separate letter to them. Store the letter privately and instruct that it be shared only after your passing. This is not a legally binding document and should not be attached to your will or trust. By explaining your reasons for the disinheritance, you may help reduce the chances of a family member challenging your will or trust later on—especially claims that you lacked capacity or were influenced by someone else. A clear statement of intent can go a long way toward preventing misunderstandings and minimizing the risk of litigation. Alternatives to Disinheritance There is anecdotal evidence that more parents are not leaving their children inheritances to avoid entitlement and promote self-reliance. Some celebrities have publicly vowed to leave their kids little or nothing, and this trend may be trickling down to ordinary Americans. One recent survey found that just 26 percent of Americans plan or expect to leave behind an inheritance. [2] Parents may want to spend the money on themselves in retirement, or they may be forced to spend it on healthcare and long-term care. They may also decide that their money is better spent on charitable giving, that it should go to someone who needs it more, or that they will embrace “gifting while living” and pass their hard-earned assets to their children now. However, leaving an inheritance does not have to be all or nothing. If you are unsure about fully disinheriting someone or want to avoid potential conflict or legal challenges, consider these alternatives: ● Leave a smaller or symbolic inheritance. Instead of cutting someone out entirely, leave them a small token gift, such as a few hundred dollars or a family heirloom, to signal that you thought of them and did not accidentally omit them. ● Use a no-contest clause. A no-contest clause provides that anyone who challenges your will or trust loses their inheritance. You can combine this type of clause with a modest gift to discourage lawsuits since the beneficiary stands to lose something if they challenge your will or trust. Keep in mind that no-content clauses may not be recognized or enforceable under your state law. ● Create a trust. A spendthrift trust can help protect a financially irresponsible beneficiary from reckless spending and shield the inheritance from creditors. Similarly, a conditional or incentive trust allows you to set goals or milestones that must be met before funds are distributed. These tools offer a thoughtful way to provide for someone you may be hesitant to give money to outright, while still protecting their long-term well-being and interests. ● Add beneficiaries to accounts. Retirement accounts, life insurance policies, and some types of bank accounts and deeds pass directly to your named beneficiaries (i.e., those other than the disinherited loved one) and bypass the need for a will and public probate process entirely. These distributed assets will only be known to the named beneficiary and the government for tax purposes, which could help keep the distribution private and prevent a will contest. In addition to seeking a compromise to disinheritance where appropriate, make sure to review and update your estate plan regularly in case you have had a change of heart or circumstances. Work with an Attorney to Avoid the Personal and Legal Challenges of Disinheritance Disinheritance can be emotionally fraught and legally tricky. It is a deeply personal decision that should be approached with careful consideration and sound professional advice. The law respects your right to choose how your assets are distributed. It also requires that those choices are expressed clearly and meet legal requirements. An estate planning attorney can help you draft documents that comply with state laws and anticipate challenges, include provisions to strengthen your plan, and explore options such as trusts that are harder to challenge and more private than wills. For a plan that reflects your convictions and stands up in court, schedule a meeting with us . [1] Victoria Lurie, 2025 Wills and Estate Planning Study, Caring (Mar. 31, 2025), https://www.caring.com/caregivers/estate-planning/wills-survey. [2] As $90 Trillion "Great Wealth Transfer" Approaches, Just 1 in 4 Americans Expect to Leave an Inheritance, Nw. Mutual (Aug. 6, 2024), https://news.northwesternmutual.com/2024-08-06-As-90-Trillion-Great-Wealth-Transfer-Approaches,-Just-1-in-4-Americans-Expect-to-Leave-an-Inheritance .
