Blog

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 .

What is in a name? If you are a beneficiary or a creditor of an estate, or if you are setting up an estate plan, your name means a great deal. It is not unusual for a person to go by different names, such as the name we are given at birth and the names we choose for ourselves. Some of us use nicknames; others use our middle name or initials as our primary name. We may also legally change our name due to marriage, divorce, gender identity, or personal preference. Some people even use different names within specific communities and groups. However you choose to identify yourself and whether you have changed your name formally or informally—in the eyes of the court or just among friends and family—you need to ensure that any different names, and variations thereof, are reconciled across legal documents, including your estate plan, to avoid confusion and unintended outcomes. Same Person, Different Name: Name Variations Are Common Your name is a seemingly simple detail that may not receive much attention in your daily life, but it can have major ramifications for your estate plan and what happens after you pass. Think for a moment about how you present yourself on paper and in person. The following are some examples of common name variations: ● Full legal name (first, middle, last). Some people consistently use their full legal name (e.g., Katherine Elizabeth Johnson). ● Middle initial (first, middle initial, last). Others prefer a more concise version (e.g., Katherine E. Johnson). ● Middle name instead of first (middle, last). In some cases, someone may go by their middle name (e.g., Elizabeth Johnson) instead of their legal first name (Katherine). ● Nickname. Nicknames can differ significantly from legal names (e.g., Kate for Katherine, Jack for John, or Peg for Margaret). The names you use, like the clothes you wear, may have changed over the years to reflect how you have changed. Most adults likely have at least one alternate name (particularly women, due to marriage), but nongiven names can also appear in other contexts. ● Maiden names. According to Pew Research, nearly 80 percent of US women and 5 percent of US men in opposite-sex marriages take their spouse’s surname after marriage, [1] while around 14 percent of women in opposite-sex marriages retain their maiden name. [2] ● Hyphenated last names. An estimated 20 percent of married couples in North America use hyphenated last names. [3] However, if parents pass their hyphenated last name to their children, the children may later drop the hyphen. As NPR notes, merging hyphenated names can become a “bureaucratic nightmare,” causing confusion at schools, at doctors’ offices, and in other settings. [4] ● Online aliases and pseudonyms. A study from blog comment hosting service Disqus found that 70 percent of people who use nicknames or aliases online do so for privacy. [5] ● Professional names. Authors and entertainers often use pseudonyms, such as J.K. Rowling writing as Robert Galbraith, Robert Zimmerman performing as Bob Dylan, or Prince using a symbol instead of a name. People may also use an alias to separate their personal and professional identities. ● Cultural practices. Immigrants may Americanize their names as part of the assimilation process and for economic benefits, especially if their legal name is difficult to spell or pronounce. Around one-third of immigrants to the United States changed their names within 10 years of their arrival. [6] ● Adoption. For people who are adopted, both their first and last names can be changed once the process is complete. ● Personal choice. Many celebrities, including Angelina Jolie, Cher, and Elton John, have legally changed their names. Why Name Nuances Matter in Your Estate Plan Variations in how you identify yourself might seem trivial in everyday contexts and conversations, but they can create issues in your estate plan. Informing your attorney about every name you have used can prevent headaches and potential complications. Here is how: ● Identifying what you own. Estate planning begins with cataloging assets (e.g., bank accounts, real estate, investments, and digital assets). Tracking and inventorying these assets can be challenging if you have used different names. For example, a bank account under the name Katherine E. Johnson and a home under Elizabeth Johnson might be missed if only one name is listed. The deed to your house, brokerage accounts, and vehicle titles should also be checked for name variances. Without knowing all the nuances of your name, your attorney might inadvertently overlook assets when creating your estate plan, leading to certain assets not being included in your plan and delays and legal hurdles for your beneficiaries, who may need to provide legal documentation of your name change. ● Putting creditors on notice. The person you choose to wind down your affairs after your death (personal representative, executor, or successor trustee) must settle debts before distributing assets to your loved ones. The process of settling debts often requires creditor notification. Depending on state law, creditors have limited time to file claims against a deceased debtor’s estate. Publishing notice of the debtor’s death may shorten the amount of time that a creditor has to file their claim. However, name mismatches can alter this timeline. If debts are under a different name, creditors may not be properly notified, leading to disputed debts that extend probate and increase legal costs. ● Searching for unclaimed property. States hold billions of dollars in unclaimed assets, such as bank accounts, uncashed checks, utility payment refunds, and insurance payouts. About one in seven people have unclaimed property held by their state’s treasuries, collectively amounting to billions of dollars in unclaimed property in the US. [7] When you pass away, your estate may need to search for unclaimed property to ensure that all your assets are accounted for. If your attorney does not know that you once went by the name Katherine E. Johnson or a nickname such as Kate Johnson, they might miss unclaimed property tied to those names, and your loved ones could lose out on assets that rightfully belong to them. In addition to assets, creditors, and unaccounted-for and unclaimed property, name variations can disrupt the following: ● Digital assets. Digital assets such as cryptocurrency wallets can be difficult for executors to access if they are not clearly documented or linked to your legal identity. Noncustodial wallets, in particular, may be unrecoverable without the seed phrase or private key, even if the executor knows they exist. ● International assets. Assets abroad may use names adapted to local legal, linguistic, or cultural conventions. For instance, a property in Spain titled under the name Catalina Johnson might not match a US will’s reference to the same person, Katherine Johnson. Also, names may appear with spelling variations; in a different script (e.g., Cyrillic or Arabic); or reordered (i.e., last name appearing first). ● Blended families. In blended families, name changes resulting from remarriage or adoption might confuse inheritance rights. ● Taxes. Inconsistencies in names across financial accounts and tax documentation could potentially raise red flags with tax authorities during the estate administration process. ● Beneficiary designations. Failure to update beneficiary designations on life insurance policies, retirement accounts, and payable-on-death or transfer-on-death accounts after a legal name change can lead to complications for your beneficiaries when they try to claim the benefits. Financial institutions could delay or deny payouts, and your loved one may need to provide proof of the name change to establish their identity. ● Powers of attorney and healthcare directives. If your or your appointed agent’s name is legally changed after these documents are created, updating them is necessary to ensure that your agent’s authority is clearly recognized under their current legal name and that the documents are unequivocally tied to your current legal identity. The last two examples show the importance of regularly reviewing estate planning documents to ensure that they reflect any name variations and new legal names for you, your estate plan’s beneficiaries, and your trusted decision-makers. Make Name Changes a Part of Your Regular Estate Plan Updates William Shakespeare famously wrote “a rose by any other name would smell as sweet” to mean that things are what they are, no matter what name we give them. A name does not necessarily define who you are. However, name changes and variations can leave a sour taste in the mouths of beneficiaries, creditors, trustees, and executors when the time comes to settle your estate. Many estate plans have not been touched since they were first created years ago and are woefully outdated. As part of the review process, you and your attorney should take the time to discuss any informal variations and formal legal changes to your name—and the names of your beneficiaries and decision-makers—to ensure a more accurate and effective estate plan. If you are just starting your plan, be sure to tell your attorney all your names. Call us to schedule an appointment to create or review your estate plan. [1] Luona Lin, About 8 in 10 women in opposite-sex marriages say they took their husband’s last name, Pew Rsch. Ctr. (Sept. 7, 2023), https://www.pewresearch.org/short-reads/2023/09/07/about-eight-in-ten-women-in-opposite-sex-marriages-say-they-took-their-husbands-last-name. [2] Id. [3] Ethan Grant, The Rise of Hyphenated Last Names: Embracing Equality and Heritage in Modern Families, Bluenotary (Jan. 5, 2025), https://bluenotary.us/hyphenated-last-name. [4] Tovia Smith, When Hyphen Boy Meets Hyphen Girl, Names Pile Up, NPR (Jul. 19, 2012), https://www.npr.org/2012/07/19/156923573/when-hyphen-boy-meets-hyphen-girl-names-pile-up. [5] Steve Roy, What’s In A Name? Understanding Pseudonyms, Disqus (Dec. 15, 2014), https://blog.disqus.com/whats-in-a-name-understanding-pseudonyms. [6] Steinar Brandslet, Name change in the United States brought economic payoff, Norwegian SciTech News (Jun. 26, 2018), https://norwegianscitechnews.com/2018/06/name-change-united-states-economic-payoff. [7] What is unclaimed property? Nat’l Ass’n of Unclaimed Prop. Admins., https://unclaimed.org/what-is-unclaimed-property.

You and your spouse live together, work together, and likely spend a great deal of your free time together. Having a successful marriage and business takes hard work and dedication, but it can also be among the most rewarding things in life. To help keep you on the right track, here are a few tips. 1. Create separate budgets for your family and your business. Money can be a tense topic, even for the average married couple. With a family and a business to run, it is especially important for the two of you to sit down and agree on a budget for your family as well as a budget for your business. By having open and honest communications about your finances, both personally and professionally, you can stave off more heated conversations. 2. Keep work at work. While your business is likely the main source of your family’s income—and often the main thing on your mind—it is important to create a boundary between your work lives and your home lives. If your business has a physical location outside your home, establish a rule that you and your spouse will discuss business only while you are at work. If you and your spouse are running a home-based business, you can establish “business hours,” and any time outside those hours is personal time when business will not be discussed. Whichever approach you use, it is important that you allocate enough time to accomplish your work. 3. Have your own hobby. Because you probably spend so much time together, it is important for each of you to take time alone to do something that you enjoy. This can be as simple as carving out time to take a long relaxing bath or joining a local soccer team. Having your own hobby allows you to access another part of yourself and take a break from the usual routine. Studies have also shown that individuals who have hobbies they enjoy tend to have lower blood pressure, are less stressed, and are happier overall. 4. Have your estate plan prepared or reviewed. Like any other couple, business-owning spouses need estate planning to protect each other and help ensure a financially secure and prosperous future for their loved ones. When a couple works together in a business, their financial picture and overall goals may be complicated and intertwined, making proper estate planning an even greater necessity. Below are some of the basic estate planning tools you need to protect yourself, your family, and your business. ○ Revocable living trust. With a revocable living trust (often simply called a trust ), your money, property, and even your interest in your business are owned by the trust rather than by you personally. While this may seem scary, it does not mean that you are giving up control. In creating the trust, you can name yourself as the trustee (the one in charge of managing the money and property, including your business interest, which is owned by the trust) and as the current beneficiary (the person who gets the enjoyment from the money, property, and business). The major benefit of having the trust own your money, property, and business is that, when you die, these assets pass to your designated beneficiaries without having to go through probate court proceedings. Also, if you are ever unable to manage your affairs while you are alive, the successor trustee you appoint can easily step in and take over management of the trust assets (including your business interest), thereby preventing unwanted disruption. Both of these advantages will save your family time and money and can keep your personal affairs private. In addition to avoiding probate, a trust allows you to provide some instruction for the future of your business. It can address questions regarding who will run the business if you are unable to continue or after your death, whether the next generation is ready to step up and lead, and whether you want to provide for a beneficiary not involved in the business. ○ Financial power of attorney. By default, no one (not even your spouse) can make financial or legal decisions for you during your lifetime unless you legally select someone through the creation of a financial power of attorney . If you do not make this choice through proactive legal planning, the probate court will appoint someone for you, often through a very public and costly proceeding. Although your spouse may be the best person to make decisions about you and your business, they need the appropriate authority to do so. Executing a financial power of attorney can facilitate a smooth transition during a stressful and emotional time if, for some reason, you are unable to make decisions for yourself. This document is incredibly important if only one of you is the legal owner of the business, even if both of you consider yourselves partners. Although the other spouse may be intimately familiar with the operations, they cannot make any decisions that may be necessary to keep the business going without the proper authority. ○ Medical power of attorney. As with financial matters, no one has the authority to make medical decisions for you during your lifetime unless you select them through proactive estate planning (via a medical power of attorney ) or they are appointed by the court. If you are unable to communicate your wishes when an emergency arises, it is important that the person who will decide your course of treatment is someone you trust. If you leave the decision up to the court, there is always a chance that it will appoint a person you would not have chosen. ○ Limited liability company or other business entity. Depending on how your business is currently structured, part of the planning process may include reviewing your business structure to ensure that it has been set up in a way that offers you the maximum asset protection, tax benefits, and ease in transitioning ownership to the next generation. One common way to achieve these benefits is by operating your business through a legally recognized business entity, such as a limited liability company (LLC). As part of your estate plan, you may then choose to transfer ownership of the LLC to your living trust to help secure all of the advantages of a living trust outlined above. Having a successful marriage and business takes hard work. We can assist in ensuring that your family and business are protected if unforeseen circumstances befall your family. Call us today to schedule an appointment.

Father's Day arrives each June filled with barbecues, baseball games, and heartfelt cards celebrating the dads who shape our lives. While ties and tool sets make thoughtful gifts, what if we turn the tables altogether and put the family resources toward a far more meaningful gift this Father's Day—one that helps dad feel confident that he’s stepping into his best self, and providing for the family no matter what.  As a father, your number one goal is likely to provide for your family in the best way you possibly can. But have you taken steps to ensure the people you love will be cared for if something happens to you? And, if you have, are those steps the right steps or are they false security that will leave your family with a mess you wouldn’t wish on anyone? This Father's Day offers the perfect opportunity to explore how estate planning done the right way becomes the ultimate expression of fatherly love and provision. The Weight of Fatherly Responsibility Being a father means carrying an invisible weight that never truly lifts from your shoulders. From the moment your first child arrives, you become acutely aware that others depend on you, not just for today's needs but for tomorrow's security. This awareness often intensifies as your children grow and your responsibilities multiply. You probably find yourself thinking about questions that didn't exist before parenthood. What happens to your mortgage if you're not here to pay it? Who would handle your children's daily routines, school decisions, and emotional needs? How would your family maintain their lifestyle without your income? These concerns aren't signs of pessimism—they're evidence of the deep love and responsibility that define fatherhood. Many fathers try to address these worries through life insurance, thinking a policy will solve everything. While life insurance certainly plays an important role, it's only one piece of a much larger puzzle. Without estate planning done right, even substantial life insurance proceeds can become tied up in lengthy court proceedings or even lost, leaving your family without access to funds when they need them most. The reality is that the traditional approach to estate planning - or, creating a set of documents that you then put on a shelf and forget about - often fails when your loved ones need it to work. When Good Intentions Meet Reality Consider this hypothetical scenario: A devoted father of two young children has a will, life insurance, and even money set aside for emergencies. He thinks he's done everything right. Then the unexpected happens—a car accident takes his life at age 42. His wife, while grieving, discovers that his will needs to go through probate court, a process that could take months or even years. The life insurance company requires multiple forms and documentation before releasing funds, which can take weeks or even months to gather. Meanwhile, bills continue arriving, and she's struggling to understand what accounts exist and how to access them to pay the bills. She’s now thinking about what would happen to her children if she were also to die. Her husband’s will names her parents as guardians for the children if something happens to her, too, but she's not sure that's still the right choice given how their relationship has changed over the years. The will was written when their oldest was just a baby, and life has evolved significantly since then. This scenario illustrates why documents-based estate planning often fails. Documents sitting in a drawer don't provide expert, human-to-human guidance for decisions that need to be made immediately. Outdated choices don't reflect the changing nature of relationships or changes in your assets over time. Court can place a weighty burden, both emotionally and financially, on the people you love most. And bills could go unpaid, putting assets in jeopardy, if your loved ones don’t have immediate access to your money. The truth is that fathers want to protect their families, but don't know how to create plans that will actually work for their loved ones. The goal isn't just to transfer wealth—it's to transfer it in a way that strengthens your family rather than creating new challenges for them to navigate after your death. Beyond Documents: What Your Family Really Needs 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. And, more importantly, they need a trusted advisor to turn to for guidance when they need it. 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. 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 and what values you hope they'll carry forward, what family traditions you want to pass on, and what stories you want them to know about family members long-since passed. Your Life & Legacy Plan will also address the financial realities 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. Finally, we 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. We’ll form a relationship that will last throughout your lifetime, and I’ll be available to your family when you’re gone to guide them so they know exactly what to do. Being a great father means more than being present for today's challenge. It means securing your family’s future and strengthening family bonds. It’s the most profound way to show your love - and the best gift you can ever give to the people you love most. Secure Your Family’s Future Now We help you create a Life & Legacy Plan that truly works when your family needs it most. Together, we'll ensure your children are protected, your spouse has clear guidance, and your values continue influencing future generations. Don't let procrastination risk your family's future when you can take steps now to secure their tomorrow. Click here now to schedule a complimentary 15-minute consultation and get started!

Estate planning attorneys are often asked where original estate planning documents—wills, trusts, powers of attorney, and healthcare directives—should be stored for safekeeping. While there is no right or wrong answer to this question, consider the following: Should you store your original estate planning documents in your safe deposit box? Some people believe that the best place to store their original estate planning documents is in their safe deposit box at a local bank. This may make sense if you have given your spouse or a trusted child, other family member, or a friend access to your box. However, giving someone permission to access your safe deposit box does not give them the same legal rights to it that you have. Because a safe deposit box is a rental arrangement (you are leasing the box from the bank), if you are the only one who signed the lease and you become incapacitated (unable to manage your affairs) or die, no one else will be able to open your box, not even the people to whom you have previously given access. Depending on your state law, the only way for someone else to gain access to your box if you become incapacitated or die may be to obtain a court order, which wastes time and money. If you are not comfortable giving someone else immediate access to your box, some banks may allow you to add your revocable living trust as an additional lessee, which will give your successor trustee access to your box if you can no longer serve as trustee of your trust for any reason. Also, if you use a safe deposit box to store important items such as your estate planning documents, ensure that your trusted loved ones know which bank has the box—and the exact branch where it is located. They will also need to know where you keep the key. One final caution about using a safe deposit box for your estate planning documents: Banks have limited hours. If your loved ones need to access your documents outside of banking hours, they will not be able to. Should you store your original estate planning documents in your home safe? Home safes are popular these days, but in order for yours to be a good place to store your original estate planning documents, it should be difficult to move (bolted to the floor!), fireproof, and waterproof. In addition, ensure that someone you trust has the combination to your safe or can easily gain access to the combination if you become incapacitated or die. Should you ask your estate planning attorney to store your original estate planning documents? Traditionally, many estate planning attorneys offered to hold their clients’ original estate planning documents for safekeeping (usually without charging a fee). Today, most do not want to take on the liability. In addition, as the years go by, it may become difficult for your loved ones to track down your attorney, who could have changed firms, become incapacitated, or died. Should you ask your corporate trustee to store your original estate planning documents? If you have named a bank or trust company as your executor/personal representative or successor trustee, this may be the best place to store your original estate planning documents if they are willing to do so. Banks and trust companies often have specific procedures in place to ensure that your original estate planning documents are stored in a safe and secure area. If you choose this option, ensure that one or more of your loved ones know where your original documents are located. Regardless of where you decide to store your original estate planning documents, ensure that your family members, a trusted friend or advisor, or your estate planning attorney knows where to find them. If your original documents cannot be easily located, it may be legally presumed that you purposefully destroyed them, depending on your state law. Without your estate planning documents, your money and property will be divided among your family according to state law and distributed outright. It will not matter that you wanted something different if no one can find your documents. If you have questions about the best place to store your documents or would like to discuss creating or updating your documents, call us.

Most business partnerships begin with shared goals and optimism. But life happens, and personal matters—especially divorce—can create ripple effects that threaten your company’s financial stability, leadership continuity, and future. If you’re in business with a partner, their divorce isn’t just their personal issue; it could become your business’s problem, too. What types of problems could be lurking around the corner? Some may include disruptions to your daily operations, ownership disputes, and even financial loss. But by taking proactive steps, you can shield your business from these risks and ensure that personal life changes don’t derail your company’s success. The Hidden Business Risks of a Partner’s Divorce A partner’s divorce can have serious consequences for your company, many of which business owners don’t anticipate until it’s too late. Here’s how: Ownership Disputes & Forced Buyouts. In many states, business interests are considered marital property, which means a divorcing spouse may be entitled to part of your partner’s ownership stake. This could force the sale of company shares or require a buyout that could strain financial resources. Financial Disruptions. Divorce proceedings often result in asset freezes, meaning business accounts or investments tied to the divorcing partner could be affected. If your partner relies on business income to cover legal fees or settlements, the company’s financial stability could suffer. Loss of Confidentiality. Divorce records can become public, exposing sensitive financials, contracts, and intellectual property to scrutiny. In worst-case scenarios, competitors could gain access to strategic information that was never meant to be shared. Operational Disruptions & Leadership Gaps. A partner dealing with a divorce may be distracted or unavailable, leaving key responsibilities unfulfilled. If the divorce turns contentious, it could even create conflicts within the business that affect decision-making and employee morale. When a partner’s personal struggles spill into the business, the resulting instability can ripple through every level of the company. To minimize these risks and ensure your business remains secure, proactive legal strategies must be in place before a crisis arises. Proactive Legal Strategies to Protect Your Business The best way to prevent these risks is to have legal safeguards in place before a crisis occurs. Here’s how to create a strong foundation that protects your business from personal disruptions: Implement a Buy-Sell Agreement. A buy-sell agreement functions like a business prenuptial contract, defining what happens to ownership shares in the event of a partner’s divorce. This agreement can: ● Require that ownership stays within the company and prevent outside parties (including an ex-spouse) from obtaining shares. ● Set clear valuation methods for a fair and structured buyout. ● Outline funding mechanisms (such as insurance policies or reserve funds) to finance a buyout without burdening the business. Without this agreement, you could find yourself in a situation where your partner’s ex-spouse becomes an unintended co-owner of your company. Strengthen Your Operating Agreement. Your operating agreement (for LLCs) or partnership agreement should include clauses that: ● Require partner approval before ownership interests can be sold or assigned. ● Establish decision-making protocols in case a partner becomes temporarily unavailable. ● Specify how disputes are handled to prevent legal battles from harming business operations. Having these provisions in place makes it easier to navigate the business implications of a partner’s personal issues. Keep Business & Personal Finances Separate. One of the biggest mistakes business owners make is blending personal and business finances. To avoid unnecessary legal entanglements: ● Maintain separate business bank accounts, tax filings, and financial statements. ● Avoid using business funds for personal expenses (or vice versa), as this can complicate legal proceedings. ● Require written documentation for any financial contributions made by a partner’s spouse to prevent future claims. A clean financial separation makes it easier to prove that business assets belong to the company—not an individual’s marital estate. By maintaining a clear boundary between personal and business finances, you create a strong foundation that protects your company from unintended legal and financial complications. But financial separation alone isn’t enough—proactive planning ensures that your business remains resilient in the face of personal disruptions. Strengthen Your Business Before Problems Arise The time to safeguard your business from personal disruptions is before they occur. Implementing the right agreements and planning strategies now can protect your company from unnecessary financial and operational risks in the future. We help business owners like you create legal structures that safeguard their companies from unforeseen challenges like a partner’s divorce. That’s why we start with a LIFT Business Breakthrough™ Session, where we’ll assess your foundational legal, insurance, financial, and tax systems to identify vulnerabilities and develop a plan that keeps your business strong, no matter what personal challenges arise. Don’t wait until a crisis forces you into reactive decision-making. Book a call today to protect your business and ensure its continued success.

As Summer approaches, you're likely focused on planning the perfect getaway with your children - booking flights, reserving hotels, and mapping out exciting activities. But there's one crucial aspect of travel planning that often gets overlooked: ensuring your children's safety and care if something unexpected happens to you during your trip. While no one wants to think about emergencies during vacation, having proper protection in place lets you truly relax and enjoy making memories together. Let's explore why having a Kids Protection Plan Ⓡ (“KPP”) in place before traveling is essential and what steps you can take to protect your children. Please note: most lawyers, even at the top estate planning firms, often make at least one of 6 common mistakes that the KPP is designed to address, when naming legal guardians for children in an estate plan. The Hidden Risks of Traveling Without Protection When you're caught up in vacation planning excitement, it's easy to focus only on the fun ahead. However, traveling presents unique risks and scenarios you need to consider. If you become incapacitated in a car accident or experience any other emergency while away from home, what would happen to your children in those critical first hours or days? Without proper legal documentation, your children could be temporarily taken into the care of strangers or social services until the proper authorities can determine who has the legal authority to care for them. This becomes even more complicated when traveling internationally. Different countries have varying laws about child custody and care in emergency situations. Without clear legal documentation designating temporary guardians, your children could face significant trauma while authorities work through bureaucratic processes to determine their care. Even domestic travel can present challenges if you're incapacitated in another state, as local authorities may not immediately recognize out-of-state guardianship arrangements without proper documentation. Essential Components of Protection While Traveling A comprehensive KPP, which we create for you as part of the Life & Legacy Planning Ⓡ process, provides crucial legal documentation and instructions that activate immediately if something happens to you. This includes designation of temporary guardians who can care for your children until your long-term guardians can arrive, as well as detailed information about your children's medical needs, allergies, medications, and daily routines. When you work with us to create a KPP, we include several key components that many parents overlook. First, you’ll receive ID cards that list emergency contacts that can care for your children in your absence. Second, we’ll create medical power of attorney forms that allow designated caregivers to authorize treatment for your kids if they need medical care if needed and authorized caregiver documentation so your kids are never taken into the care of strangers, while the authorities locate the long-term guardians for your children. Third, we’ll help you with communicating your wishes to your family members and friends and guide you on what others need to know. Finally, if there is anyone you would never want raising your children, we document that (confidentially), too. Beyond these basics, your KPP also includes detailed information about your children's daily lives - their favorite foods, bedtime routines, fears or anxieties, and comfort items. This helps caregivers maintain normalcy during a stressful situation. You can also include passwords for electronic devices, social media accounts, and educational platforms your children might need to access. Take Action Before You Travel Before heading off on your adventure, schedule time with me and we will help you think through all the potential issues that could arise so that you can make the best decisions for you and your kids. We’ll start by carefully selecting both local and long-distance temporary guardians who can respond quickly in an emergency, considering factors like their proximity to your vacation destination, their ability to travel on short notice, and their familiarity with your children's needs. Then, we’ll support you in creating an emergency response plan that outlines exactly what should happen in various scenarios. This includes who should be contacted first, in what order, and what immediate actions they should take. Importantly, your plan should be easily accessible to designated guardians and include clear instructions for first responders or authorities who might need to reference it in an emergency. We will help you with this, by making sure you have access to the documents you need, and ensuring your chosen guardians know exactly how to access the information and documents they need. We will also be here to support them in case of an emergency so they know exactly what to do. Making these arrangements isn't about dwelling on worst-case scenarios – it's about creating peace of mind so you can fully enjoy your vacation. With proper protection in place, you can focus on creating wonderful memories with your children instead of worrying about "what-if" scenarios. Think of it as travel insurance for your children's wellbeing - something you hope you'll never need but will be incredibly grateful to have if an emergency arises. Your Next Steps for Peace of Mind We support you to create a comprehensive Life & Legacy Plan that includes a Kids Protection Plan so your children are always protected, no matter where your travels take you. Take the first step today by booking a Life & Legacy Planning Session, where you’ll get educated on what will happen if you become incapacitated and when you die so you can make the very best decisions for your loved ones. From that place of empowerment, we’ll then work together to create your comprehensive Life & Legacy Plan that gives you peace of mind, knowing you’ve done all you can for the people you love most. Book a call today to get started.

Many estate plans contain revocable living trusts that will become irrevocable (cannot be easily changed or terminated) when the trustmaker dies. Such trusts may benefit the surviving spouse during their lifetime and may continue for the benefit of several additional generations. Because these trusts can be designed to span multiple decades, it is crucial to choose the right succession of trustees. Does Your Chosen Successor Trustee Have to Act Right Away? When you create your revocable living trust, you will usually be the initial trustee. You will still be in charge of managing your accounts and property as you see fit while you are alive and well, but the trust becomes the legal owner of those accounts and property instead of you as an individual. However, you will likely also be the beneficiary of the trust while you are alive, so you will be able to benefit from the trust’s accounts and property throughout your lifetime. With this arrangement, your selected successor trustee will not step in to manage your property unless you resign or desire someone to act as co-trustee with you, you become incapacitated (unable to manage your affairs), or you pass away. Should You Name Family Members as Your Successor Trustees? Your trust is intended to continue for years, so choosing the right succession of trustees is critical to its longevity and ultimate success. The successor trustee you select could be the same person paying your bills if you are alive but incapacitated (your agent under your financial power of attorney), or they could be someone different. You may assume that a family member, such as your spouse, a sibling, or an adult child, will be the best person to serve as the trustee of your trust when you are no longer able to serve. You may think family members will better understand the varying needs of your beneficiaries and keep the costs of administering the trust down. However, in reality, family members may not be able to fulfill all of their fiduciary obligations, either because they do not have the time or because they do not feel comfortable managing the financial, legal, or distribution requirements of the trust. If family members are not the best option for your successor trustee, you may be able to choose a corporate or professional trustee. One advantage of selecting these types of trustees is that they can often meet all fiduciary obligations under one roof for a specified fee. In addition, a corporate or professional trustee will act in an unbiased manner when making distributions and investments, which will benefit current and future beneficiaries. This option can be beneficial if you have a blended family and would like to provide for your surviving spouse while having anything that is left over held for the benefit of your children from a prior relationship. In situations like this, you may not want your surviving spouse or child from a previous relationship to be in charge of managing the money because they could have conflicting priorities. Also, a corporate or professional trustee will not get sick or be too busy to oversee the trust’s day-to-day administration. Should You Give Your Beneficiaries the Power to Remove and Replace Trustees? Forcing your trust beneficiaries to be stuck with the wrong trustee without a reasonable means for removing and replacing them may cause an expensive visit to the courthouse. It may be necessary to build provisions into your trust agreement that will allow your beneficiaries or an independent third party, such as a trusted advisor or a trust protector, to remove and replace the trustees without court intervention. The fact that the trustee can be removed and replaced without going to court is often an incentive for the trustee to work out any differences with the beneficiaries. On the other hand, to prevent beneficiaries from removing trustees without valid cause, you might prefer to involve the court if a trustee needs to be removed. What Should You Do? Selecting a successor trustee is one of the most important decisions you will make when creating a trust. Though family members or loved ones may be your initial choice, you should give serious consideration to designating a corporate or professional trustee, either alone or as a co-trustee with a family member or loved one. If you have family members named as your successor trustees, please contact our office so that we can discuss all of your trustee options.