Plan For Today! (Not Just the Future) by Jackie Marie Howard, Estate Planning Attorney

When people are healthy, happy, and busy, they often think of estate planning as something that will be helpful to them and their loved ones in the far off future.  The thought is “All is ‘o.k.’ now, why do I need to prioritize creating or amending my trust or will?  I’ll get to it soon enough.  I’m too busy now anyhow.”

It is better to think of estate planning as a goal to work on now, while you are healthy and able.  In California, if an accident happens that causes you to lose legal mental capacity before you set-up the appropriate powers of attorney, California law will determine how your medical and financial issues will be handled, and you will lose control of choosing who can make decisions for you.

California durable powers of attorney and health care directives allow a person to designate an agent to act for them in financial and medical matters, respectively.  The person creating these documents defines who the agent is and what powers the agent has regarding medical or financial situations.  The power of attorney can be created to be immediately effective or only in effect upon mental incapacity. 

Given the different options available, planning ahead and creating powers of attorney now can prevent a lengthy and expensive court process in the future.  It is important to realize that powers of attorney must be set up before you or a loved one loses mental capacity.  Once mental capacity is lost, the incapacitated person cannot create legal documents.  Instead, the family will likely be facing the conservatorship process in Court to request appointment of a person to act on behalf of the incapacitated person. 

Over the years, my law practice has continued to see an increase in family members dealing with the incapacity of loved ones. This issue has become more likely to affect a family’s financial and emotional well-being.

Take action now to learn more about how you can maintain control over your estate.  Doing something now will give you peace of mind that you’ve done all that is possible to take care of yourself and your loved ones for now and into the future.

If you are interested in learning more about estate planning and administration, contact Jackie Marie Howard, Attorney At Law at (916) 773-7373 or visit www.JackieMarieHowardLaw.com.

Have I Done Enough For My Family? by Jackie Marie Howard, Estate Planning Attorney

Do they know…?

Scenario 1:  Do my loved ones know that I have a trust?  Do they know I have a power of attorney for finances or an advance health care directive?

Oh, well.  They will find out sooner or later.  They can look for my estate plan when I die or after I have an accide.

Scenario 2:  Do my loved ones know that I don’t have a trust, will, or power of attorney?

Oh, well.  They will find out one way or another.  They can figure it out for me when I die or get in a car accident…or when I have a medical emergency.

Really?  Is this Your Choice?

Do you really want to put yourself in either of those scenarios?  Do you want the burden of your affairs to be on the shoulders of your grieving loved ones?  Do you want to let the law choose the beneficiaries of your estate for you?

Without looking at the “What if” in life and planning ahead, you can lose control over yourself and your estate.  I have seen both of the above scenarios play out in real life many times.  In none of the instances would the deceased or incapacitated person have chosen the outcome that resulted from their lack of following through with their plans.

Planning ahead is not enough

If you create a will, trust and power of attorney and don’t tell the people who will be involved in managing your estate, you can still be creating an obstacle to your estate planning goals.

When you create a will or trust, let successor trustees and executors know how to find the will or trust.  Also, make sure they will be able to physically get access to the trust documents.

Take steps now to assure that your estate goals will be met.  Don’t let your estate fall into the hands of fate.  This removes all control you have and can place it in the hands of lawmakers instead.

If you would like more assistance with an estate, Jackie Marie Howard, Roseville Estate Attorney, can be contacted for a complimentary consultation at (916) 773-7373 or JackieMarieHowardLaw.com.

Planning with Personality by Jackie Marie Howard Trust & Probate Attorney

Families are Interesting

Estate planning involves more than documents such as trusts, wills, and powers of attorney.  It expands beyond deciding who will be the Executor or Trustee of the estate.  Estate planning includes the history and personalities of the family involved.

It would be difficult to practice estate law without learning about the psychology of a client’s family.  I find it interesting. 

It is helpful when a client recognizes and understands his own family dynamics.  Identifying the specific issues within the family means the client isn’t making estate decisions based upon an unfounded notion that “everything will be fine” after death.  Instead, the client is more realistic about
relationship challenges; thereby, he gets better risk reducing results in the estate plan.

Hopefully All Goes Well

 Don’t get me wrong.  I hope that everything goes well for beneficiaries in an estate.  However, a false preconceived idea now about the future can prevent a client from clearly assessing the situation.  Thus, their estate choices may not accomplish the goals in the manner preferred.

For example, naming the eldest child as Trustee or Executor just because he is the eldest may not be the best choice.  I see many difficulties occur when an estate has more than one child and one of them is in charge of the estate as Trustee or Executor.  That child may be trustworthy, a good money manager, and intent on carrying out his parent’s wishes.  However, being a Trustee or Executor requires more than money smarts and trustworthiness.  The child may not be the best communicator, mediator, or manager of the beneficiaries; therefore, he loses control over the
balance in the family relationships.  This in turn can cause even the smallest and “simplest” of estates to take a turn toward litigation.

Consider All Hints of Personalities

 You know the personalities of your children or beneficiaries better than the attorney who is creating your estate plan.  The family personalities should be part of the conversation with the estate attorney.  There are no “right” or “wrong” answers, but not considering the dynamics can place an obstacle in the family’s ability to reach harmony during estate administration. 

It is important to consider family dynamics when creating a plan.  That way your estate goals will be better served and, hopefully, the family will be positioned to grow closer together in their time of grief and loss.

If you would like to learn more about estate planning or are looking for assistance with an estate, contact Roseville Estate Attorney, Jackie Marie Howard,  at (916) 773-7373 or jackiemariehowardlaw.com.

Do They Know? by Jackie Marie Howard, Attorney

Do loved ones know that you have a trust?  Power of attorney?  Advance health care directive? 

If you figure they can try to find the estate plan after you die or have an accident, it may create more problems for them to deal with, those that you thought planning would avoid.

 

If you create a will, trust, and power of attorney and don’t tell the people who will be involved in managing your estate, you can create just as big a hindrance to achieving your goals than if you had done no planning at all.   It can be helpful to let successor trustees and executors know how to find the will or trust.  Also, make sure they will be able to physically get access to the trust documents.

 

If you don’t have a trust or estate plan, it is important to realize that the law will choose the beneficiaries of your estate for you.  Also, someone will have to volunteer to take control of the administration of your estate. 

 

Without considering these things, you can lose control over your estate and create more difficulties for your loved ones.  Do you want the burden of your affairs to be on the shoulders of your grieving loved ones? 

 

Take steps now to assure that your estate goals will be met.  Don’t let your estate fall into the hands of fate.  This removes all of the control you have and can place it in the hands of lawmakers instead.

 

If you would like more information about your choices, Jackie Marie Howard, Roseville Estate Attorney, can be contacted for a complimentary consultation at (916) 773-7373 or visit JackieMarieHowardLaw.com.

Avoid Ill Decisions by Jackie Marie Howard, Probate Attorney

When people are healthy, happy, and busy, they often think of estate planning as something that will be helpful in the future.  A common thought is “Why do I need to worry about planning to avoid probate now?”

I see many clients while they are ill and facing major medical decisions and procedures.  Most people understand that it is much better to work on estate planning while one is healthy and able.   However, procrastination and delay of not setting up their estate plan prevents them from feeling free to make decisions without a timeline of an approaching surgery or treatment. 

In addition, being ill can bring on the loss of mental capacity.  Without mental capacity, a person loses the ability to make his or her own choices. 

In California, if a person loses legal mental capacity before setting-up the appropriate powers of attorney, the law determines how medical and financial issues will be handled.  Control over who will have the ability to make those decisions is lost.

California durable powers of attorney and health care directives allow a person to designate an agent to act in financial and medical matters, respectively. The person creating these documents defines who the agent is and what powers the agent has regarding medical or financial situations.   These should be created now to support any future issues of incapacity or disability.

Taking time now to make the challenging choices to name beneficiaries, guardians for minor children, and trustees/executors of an estate, will provide a sense of accomplishment and control.  Clients frequently express their satisfaction in having their decisions evidenced in writing, whether through a living trust, will, durable power of attorney, or advance health care directive.  They know they can amend, if need be, however, the choices expressed will continue for them even if they lose capacity.

Take action now to learn more about how to maintain control over the estate. Doing something now will give peace of mind that all that can be done has been to take care of loved ones for now and into the future.

If you are interested in learning more about estate planning and administration, contact Jackie Marie Howard, Attorney At Law at (916) 773-7373 or visit www.JackieMarieHowardLaw.com.