Archive for June, 2010

10 Important Questions to Ask Before Hiring an Orange County Estate Planning Lawyer

Tuesday, June 29th, 2010

Finding, and eventually hiring, an Orange County estate planning lawyer is a very big decision for you and your family.

Essentially, this will be the person who sees your family through perhaps the toughest time of their life.   He or she will also be responsible for keeping a close eye on your family to ensure your plan stays updated as your lives, and the law, changes through the years.

So for that reason, you not only want to hire a qualified Orange Count estate planning lawyer, but also one that you feel comfortable with and fully trust to guide your family through all of life’s major transitions.

To help you do this, I’ve compiled the top 10 questions you should ask before hiring ANY Orange County Estate Planning lawyer.  I encourage you to print this list out and bring it with you as you interview prospective attorneys in the OC:

  1. Do you prepare a comprehensive plan for my kids’ care if something happens to me, like the Kids Protection Plan™ that names short and long‐term guardians and gives specific instructions to all of the guardians and my caregivers? What about an ID card for my wallet listing the short‐term guardians with their contact information?
  2. Are all of your fees flat fees? What about your fees for ongoing work after the initial completion of my estate planning documents? What happens when I call with legal questions 2 years after my planning documents were completed? What if the questions are about something other than my estate plan?
  3. Do you have a whole team in place or is it just you? What happens if something happens to you or you retire?
  4. What happens if I need to get a quick question answered and you are not available?
  5. Will you make sure my assets are titled in the right way? How?
  6. What happens when things change in my life? Do you notify me about changes in the law? How often do you communicate with me?
  7. Does my planning fee include a regular review of my plan? What if I want to make changes to my plan?
  8. Do you have a process for helping me capture and pass on my intangible wealth, such as my intellectual, spiritual and human assets or who I am and what’s important to me?
  9. Can you structure my estate plan so that whatever I leave to my kids will be protected from a lawsuit against them or if they are divorced in the future? How often do you build that kind of planning into client’s plans?
  10. Can you help me make smart choices about things like buying insurance, saving for college, and retirement planning?

As you can see, knowing the answers to these questions before you engage an estate planning lawyer will ensure you receive a plan that truly protects your family, rather than one that will become a pile of outdated, worthless paper once you are gone.

And please feel free to contact OUR office and ask these same questions that I outlined above.  You can do that by calling 949-260-1400 and schedule a FREE Family Wealth Planning Session (normally $750) with the mention of this article.  These sessions are limited to 10 per month so call today!

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Posted in California Child Protection, Orange County Estate Planning | No Comments »

Orange County Estate Planning Lawyer Offers 4 Easy Steps to Help Choose Guardians For Your Kids

Thursday, June 24th, 2010

From the desk of Darlynn Morgan, Orange County Estate Planning Lawyer

One of the most common complaints I hear from parents who have not yet chosen guardians to care for their minor children is that they simply can’t decide who is the best person to raise their kids if something tragic happens to them.

And while it’s great to put a lot of thought into who you would want to raise your kids if something happened to you, indecision, and ultimately inaction, is a very dangerous place to be as a parent with small kids at home.

So if you are currently in that place of indecision right now, I want to remind you that SOMEONE will determine what happens to your kids if you and/or your spouse are in an accident—and that person might as well be you!  If it’s not, the person who will ultimately make that decision is a judge who knows nothing about you, your family or what truly is in the best interest of your children.

So to avoid having a judge make life-changing decisions on your child’s behalf, I would like to share 4 easy steps that will help you finally take action and choose the right guardians for your kids:

  1. Grab a piece of paper and brainstorm all the people who could possibly raise your kids if you were killed or incapacitated in an accident. Don’t limit your choices to family either. Think outside the box and write down everyone who even remotely fits the bill.
  2. Next, on that same sheet of paper, create a column of people you would NEVER want to raise your kids if something happened to you.  You’ll need to tell the court who you DON’T want raising your kids so they can protect your family should that named individual (s) contest your wishes and seek custody of your kids following your death or incapacity.
  3. Third, consider your values.  Make a third column and write down what is important to you and/or your spouse.  Do you value education?  Religious or spiritual training? The ability to live in a certain community?  Being raised in a 2 parent family?  Whatever your values may be, write them down, prioritize them and eventually rank the top 3.
  4. Finally, I want you to match the people in column 1 to your top values in column 3.  This will give you a clear picture of who you can trust to raise your children with the values you hold near and dear to your heart.

And last, but not least, the most important step is to legally document your choices so there’s no question about who you want to raise your kids if something happens to you!

Of course if you still need help naming guardians for your kids—or you’d further like to create a comprehensive estate plan that will ensure your children are protected physically and financially should something happen to you and/or your spouse, give our Orange County Estate Planning office a call at 949-260-1400 to schedule a no-charge Family Wealth Planning Session (normally $750 value) with the mention of this article.  These appointments are limited to 10 per month so call today!

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Can You ‘Casually Agree’ On The Terms of a Newport Beach Prenup?

Monday, June 21st, 2010

From the desk of Darlynn Morgan, Newport Beach Prenup Lawyer

It’s the middle of June and the sultry summer wedding season is in full swing. Couples are running around frantically trying to finalize their plans and almost all of them will be presented with one burning question before the big day:  are you signing a prenuptial agreement?

While I realize legal matters may seem like the least of your concerns in the months and weeks leading up to the wedding, it is important, however , to give this question ample consideration before making such a binding and long-term commitment.

To that end, there are a number of rules that must be followed to ensure the court will uphold your Newport Beach prenup agreement.  You can’t just discuss the matter over coffee and then expect your “casual” agreement to hold up in a court of law.

So – what must happen for a prenup to be enforceable here in California?

1. The prenup must be written and signed by both parties.

2. Both parties need to have independent legal counsel – this is important for validation.

3. An ample amount of time is required between the time that the prenup presented to the proposed and when it is taken in to be signed.

4, There needs to be full debt and asset disclosure between both parties.

5. The prenup has to be prepared according to public policy and statut

The bottom line is that drafting an air tight Newport Beach prenup takes some time. Give yourself plenty of wiggle room to hammer out the details so you don’t feel overwhelmed or stressed.  A good rule of thumb is to have your prenup signed and filed before the wedding invitations go out.   If you haven’t already, consult with an attorney and get this process started so you can have it out of the way.

Fortunately, we’ve made the process of meeting with an attorney easier than ever with our free Family Wealth Planning Sessions ($750 value) offered to readers of our blog.  However, these free sessions are limited to 10 appointments per month, so call 949-260-1400 to secure your spot today!

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Posted in California Newlywed Planning | 1 Comment »

Orange County Will Lawyer Offers 9 Critical Considerations In Searching for an Assisted Living Facility

Friday, June 18th, 2010

From the Desk of Darlynn Morgan, Orange County Will Lawyer

As an Orange County will lawyer, I help seniors and their families make smart decisions regarding their end-of-life wishes and long-term care on regular basis.

And because of my experience in this area, I understand that the options facing seniors and their loved can be VERY expensive and overwhelming at times.

Not to mention, there’s never a good time to talk to a senior about moving into an assisted living facility, nor is mom or dad ever happy about relinquishing their last bit of independence into the hands of a nursing home.

Yet that’s why it’s extremely important for seniors (and their kids) to do their due diligence and proactively plan ahead to ensure they can qualify (or even afford) a facility that best meets their ongoing medical and long-term care needs.

Of course in the 21st century there are many options as far as retirement communities are concerned.  These options include independent retirement communities, assisted independent communities, at-home assisted living, at-home nursing care, live-in nursing homes, and the list just continues.

All these options may feel overwhelming at first, but there are a number of tips and tools that your family can rely on in their quest to weed out the good long-term care facilities from the bad.

In fact, US News and World Report recently published an article listing nine key things to consider when searching for an assisted living facility.  The tips they gave were extremely valuable, and for that reason I’ve summarized them here below:

  1. Reflect on the values of you or your loved one. Figure out what is important in your life and make sure that it is going to be incorporated in your living arrangements.
  2. Consider your future needs. Are you or your loved one going to require more assistance later on? What about when your mobility changes? Do you have any kind of progressive illness? The answers to these questions will help you find a place that is just right for your current and future needs.
  3. Make sure that the facility is licensed. You need to make sure that it is up to par with your state’s assisted living regulations. Go to eldercare.gov and search by zip code.
  4. Assess the financial stability of the facility. Let’s face it – in these times of financial straits, it’s a real possibility that the facility that you are looking into has expanded beyond its capabilities. If it’s not financially stable, it is probably not the place for you.
  5. Get referrals.  Talk to other people that are looking for retirement options. Contact your agency on aging.  Find out where everyone else is going.
  6. Ask if there is a waiting list. More than likely, for the good places, there will be. This is another reason to start early – don’t wait until you need a place to go. Plan ahead.
  7. Visit a few times. That means one scheduled tour and then a couple pop-in visits.  Take note of what is the facility like when you show up unannounced. Try to make one of your surprise visits at night, too, to see what it’s like when the day staff leaves.
  8. Talk with current residents. This is pretty self-explanatory: who will know the facility better and be more willing to tell the truth than the residents?
  9. Get a copy of the contract and review it with a lawyer. I know this sounds tedious but this will help you avoid being thrown a curve ball later on when you decide to move in. If there are parts of the contract you aren’t sure about, you can talk to the facility and see what you can work out.

As you can see, these 9 key considerations provide a great starting point for families seeking nursing home or assisted living care in California.   Yet finding a facility is only half the battle as you’ll also need to consider the costs and mounting expenses that accompany any long-term stay

Contrary to popular belief, seniors do NOT have to forfeit their assets and everything they’ve worked so hard for to qualify for Medi-Cal (or Medicaid).  Instead, an Orange County Will lawyer can help you implement a number of tools designed to proactively shield your assets (or your parent’s assets) without jeopardizing eligibility for federal assistance down the road.

Yet these tools all depend on the senior’s personal situation,  how soon they will need nursing home or assisted living care and their own actions over the past few years (especially if they’ve ‘gifted’ their assets away improperly or without the help of an attorney!).

But if you are currently at the place of planning for long-term care, I encourage you to call an Orange County Will Lawyer before any binding decisions are made.  Here at Morgan Law Group, we’ve made the process easier than ever by offering seniors (or children of seniors) a FREE Family Wealth Planning Session (normally $750) with the mention of this article.

Together in this session we will review your current situation (or plan if you have one), your assets and your end-of-life wishes to determine whether or not you and your family are truly protected should something unexpectedly happen.  I will also teach you how to maximize your assets and inheritance without sacrificing the ability to qualify for Medi-Cal in the future.

Simply call (949) 260-1400 and mention this article to redeem your free session.  These appointments are limited to 10 sessions per month so call today!

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Posted in Orange County Wills and Trusts | No Comments »

Tips From An Orange County Estate Planning Lawyer on Protecting Your Child Medically This Summer

Friday, June 11th, 2010

From the desk of Darlynn Morgan, Orange County Estate Planning Lawyer

It’s officially summertime, which means school is out and children across the state are gearing up for vacations, sports camps or other summer traditions that often require them to spend a few days away from home.

Perhaps that means staying with Grandma and Grandpa for a couple of weeks. Maybe it’s tagging along with close family friends to the beach, or even traveling abroad with classmates to another country.

Yet whatever the situation may be, parents must understand the importance of naming someone to make medical decisions on their child’s behalf if they are traveling alone this summer.

Essentially, that means providing the grandparents, camp counselors, or any other adult in charge with advanced medical directive forms giving them permission to make immediate and life saving medical decisions in your absence.

Without such legal documentation, important life-saving procedures could be put on hold until medical professionals can contact someone on the phone for approval. And as all parents know, every second in an emergency counts and that is why it is extremely important that someone you trust has permission to call the shots medically if your children traveling without you.

Another thing that you can do to protect your children is to create an emergency document listing all of the child’s shot records, allergies and all known medical conditions. This will help emergency personnel make appropriate decisions in a situation where there is very little time and sometimes no ability to get the child’s prior medical history.

Of course there other steps you can take to protect your child while away from home this summer, but essentially, the more comprehensive you can make your child’s legal “travel kit”, the more likely your child will get the appropriate care he or she needs in the event of an emergency.

Yet timing is of the essence in making sure your children are protected before they go away this summer.  Good planning ideally requires you to meet with a lawyer 3-4 weeks prior to your child’s departure date for best results.

So if you are running short on time and realize your kids are not protected in the event of an emergency, I invite you to come in for a Family Wealth Planning Session at our Orange County estate planning office (limited to 10 per month). These planning sessions are normally $750, but you can receive it at no-charge with the mention of this newsletter.

Simply call 949-260-1400 to set up your appointment today!

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Posted in California Child Protection, Orange County Estate Planning | 1 Comment »

You MUST Update Your Estate Plan Following a Divorce, Warns OC Probate Lawyer

Thursday, June 10th, 2010

From the desk of Darlynn Morgan, OC Probate Lawyer

For those of you following Gary Coleman’s death and subsequent will fiasco, it appears as though Coleman’s ex-wife, former manager (who is the original beneficiary of his 1999 will), and his parents are gearing up for a nasty and expensive battle in Utah probate court.

Of course there are a number of reasons for this, but essentially, Gary Coleman did not have the proper estate planning documents in place following his divorce in 2008.  Consequently, his end-of-life wishes were not clearly known at the time of his passing and now a judge will have to decide who gets his pension and remaining assets as a result.

The story breaks down like this:

  • 1999-  Coleman had a will drafted leaving his assets to his friend and former manager should something happen to him.
  • 2007- Coleman marries then 21-year-old Shannon Price and files a handwritten amendment known as a Codicil leaving all of his assets to her should he die.
  • 2008- Gary Coleman and Shannon Price divorce.
  • 2008- Gary Coleman and Shannon Price reconcile.
  • 2009- Shannon Price arrested for domestic violence against Coleman
  • 2010- Gary Coleman suffers brain hemorrhage after a fall in his home (which some mistrusting fans still believe his ex-wife had something to do with).
  • 2010- His ex-wife (who claimed to be his wife at the hospital) made the decision to pull the plug, resulting in Coleman’s death at age 42.

Of course as this story unfolded, many people were outraged that Coleman’s ex-wife had the right to pull the plug or make medical decisions for Gary Coleman in the first place. However, she did have the legal ability to do this under Utah common law, and Coleman simply didn’t have health care directives in place stating otherwise.

The same holds true with Coleman’s assets. Because Gary did not have documentation in place stating that he wanted or did NOT want his ex-wife to still receive his assets following their divorce, all parties involved are now headed to court to fight for his estate.

However, the attorney who helped Gary file the codicil in 2007 believes Shannon Price won’t receive his assets anyway because the couple is divorced and under Utah law, the original 1999 will (leaving everything to ex manager Dion Mial) still stands.

Would Coleman have wanted that? Was he even in contact with his ex-manager at the time of his death? Again, we’ll never know because he did not take the time to put his wishes in writing.

So the moral of the story is this: Gary Coleman should have updated his will following his divorce so everyone would be clear on his wishes if, and when, something happened to him. Who knows, maybe he DID want his ex-wife to get everything he had, but because of his failure to consult with a lawyer after such a major life change, she may now lose out under Utah law.

So as an OC probate attorney, I can’t stress enough the need to update your estate planning documents after every major life change you experience such as a marriage, divorce or birth of a child.

If you don’t, someone you would never want to make important decisions on your behalf or receive your entire inheritance may end up doing so because of negligence on your part.

And of course if you have gone through a divorce and now need your estate planning documents updated, we offer complimentary “divorce wills” and Family Wealth Planning Sessions ($750 value) that you can take advantage of simply by calling our OC probate law firm at 949-260-1400 . However, these sessions are limited to 10 a month so schedule your appointment right away!

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Posted in California Probate, Orange County Estate Planning | 1 Comment »

Using Wills and Trusts, OC Parents Can Protect Their Kids From the Grave

Friday, June 4th, 2010

In my daily practice I get a lot of questions about the importance of wills and trusts. OC parents often fear they are showing a complete lack of faith in their children by stipulating how and when they can receive their inheritance when they are gone.

I read a similar story this week about Michael Jackson’s children. The article was entitled, “Michael Jackson’s Trust Lacks Trust in Kids,” and it basically explained how Jackson meticulously planned for his children to receive their inheritance in increments so they did not run into the financial problems he faced during his lifetime.

Yet contrary to the title of this article, having a trust does not mean Jackson lacked trust in his children!  Instead, he was acting in love and showing wisdom by NOT giving millions of dollars outright to his kids at the impressionable age of 18.

Study after study shows that an inheritance given outright to teenagers or young adults will ultimately be lost to bankruptcy, divorce, drug addictions or sheer overspending because kids at that age simply do not grasp the value of money and long-term living expenses.

So when it comes to the protection afforded to your family using wills and trusts, OC parents should not think twice about placing stipulations on their inheritance until their children are mature enough to handle the responsibility.

Plus, what parent doesn’t want to continue calling the shots from the grave?

Of course, if you have additional questions about the use of wills and trusts, OC residents can contact me at 949-260-1400 or set up a Family Wealth Planning Session ($750 value) free of charge with the mention of this blog post.  I am always happy to help parents in the OC set up an estate plan that’s right for them…..and their children, when they are gone.

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Posted in California Child Protection, Orange County Estate Planning, Orange County Wills and Trusts | No Comments »

Where to Keep Your Newport Beach Estate Planning Documents

Tuesday, June 1st, 2010

From the desk of Darlynn Morgan, Newport Beach Estate Planning Attorney

I am often asked by clients and friends of our firm “where is the best place to keep my estate planning documents?”

It may sound like a silly question, but where you keep your Newport Beach estate planning documents is a critically important decision in ensuring your original copies are not lost, damaged or forgotten about through the years.

My top recommendation on where to keep your Newport Beach estate planning documents is a safe deposit box.  With a safe deposit box, you can rest easy knowing your documents are in a centralized location and protected from theft, fire, damage or accidental loss.

However, if you do choose to store your Newport Beach estate planning documents in a safe deposit box, be sure to let your family know that you a) have a safe deposit box, b) where it is and c) how to access it if something happens to you.  It may also be a good idea to put a joint holder on the box to ensure your family can open it in your absence.

You can also store your documents in a home safe that is waterproof and fireproof.  Yet I’m leery of this approach simply because in most cases of home robbery, thieves will take the entire safe out of the home and root through it later for jewelry and money.  So if your safe is not secured or bolted to the floor, this may not be the best option for your documents either.

Finally, you can store your documents at the office of your Newport Beach estate planning attorney, but again, be sure to let your family members know they are there if something happens to you!

And as always, remember to physically pull your documents out of the safe deposit box (or wherever you hide them!) every few years to make sure they are up to date.   An outdated will is just as bad, if not worse than one ravaged by fire or flood!

If it’s been a few years since your Newport Beach estate planning documents have been reviewed and updated, don’t just put your head in the sand and do nothing. Simply mention this article and come in for a free Family Wealth Planning Session ($750 value) and get your documents checked out before tucking them away in the drawer again. Simply call 949-260-1400 to book your appointment (limited to 10 per month).

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Posted in Orange County Estate Planning | No Comments »

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The estate planning law firm of Morgan Law Group, apc serves all cities in Orange County, including: Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Capistrano Beach, Corona Del Mar, Costa Mesa, Coto de Caza, Cypress, Dana Point, as well as estate planning in Foothill Ravnch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, and estate planning and probate in Los Angeles, Mission Viejo, Newport Beach, and estate planning and probate law firm information in Orange, OC, Placentia, Rancho San Margarita, San Clemente, Santa Ana, Seal Beach, Tustin, Villa Park, Westminster, and Yorba Linda.