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Estate Planning for Single Parents in Newport Beach

Thursday, May 2nd, 2013

Single parents tend to work hard for their children, so it’s no wonder that those in Newport Beach want to protect the children they could leave behind should the adult be killed or become incapacitated.  Every day it falls to the single parent to provide just about everything for his or her children, and with 13 million single parent households in the US, there are a whole lot of folks doing their best to provide everything their children need today.  Working with a Newport Beach guardianship lawyer is the right step to make sure they are also provided for in the future.

As a single parent, your estate plan may look different from that of a married parent.  In those cases, there are laws in place to ensure that property and custody both have a means of passing to the surviving spouse.  In your case, however, the courts would determine your next of kin and disperse your property, as well as appoint a guardian, based on California state laws.  While it’s great that there are laws like this to rely on when a single parent dies with no will in place, it’s not necessarily such a wonderful thing if the person/people named are not those you would have chosen yourself.

For example, it’s quite common for grandparents to be given custody of a child upon the parent’s death.  In many families, that would be the perfect choice.  In others, however, a better choice could be made.  Perhaps there has been a falling out between family members, or it’s possible that the grandparents are either too old or just otherwise not in the right place in their lives to be starting over raising children.

Clearly, appointing a guardian for your child or children is one of the most pressing issues for which to see an estate planning attorney in Newport Beach.  It’s not the only one, though.  This lawyer can also help you to create a financial plan that can help support your child even if you aren’t there.  You might be advised to look into a life insurance policy or to participate in a California college savings plan.  Likely, an guardianship lawyer in Newport Beach will also help you to create a trust or trusts that can not only protect some of that money from being heavily taxed, but also give you some say over how the money is to be used and by whom.

An estate planning attorney will also help you to make sure that everything is in order.  He or she will ask you about bank accounts, insurance policies, retirement accounts, and even military service, as all of these can possibly be directed to the care of your child or children.  Every family, no matter what the marital status is, is unique.  With the help of a Newport Beach will and trust lawyer, you can put together a plan that works for your specific situation.

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When No One Feels Right, How to Decide Who to Name as Guardians

Wednesday, June 6th, 2012

Reasons Most Parents Have Not Planned for the Care of their Kids

The statistics are staggering: most parents do not have wills or other documents naming guardian(s) of their children if something happens to them. Depending on the source, the percentage is between 50-75%.

Why? One reason is likely lack of knowledge – some parents might understand that a will is the traditional place to name guardians for children (and the thought of planning for their death doesn’t thrill them), but haven’t considered that a will only applies at death. With medical advances that keep people alive longer, it is more likely that an accident or illness will result in an individual’s incapacity, not death. A stand-alone guardian nomination included in the planning we do, however, is an additional document that addresses this modern reality by naming guardians for children whenever parent(s) are “unavailable”, whether by short-term, long-term or indefinite incapacity, or by death.

Another common reason parents do not do their planning is that they think “Well, I just assumed my kids would be with my mother,” or “Wouldn’t my kids automatically go to my brother?” Assuming that a certain family member would take over automatically might work if there are no other blood relatives of either parent, or both parents’ extended families never disagree. If that is not the case, however, you don’t want to take a chance on leaving your children in the middle of a dispute (litigation) about whom can best care for them.

The biggest reason parents do not do their planning is that “no one feels right” to take their place. They start going through the obvious options and think, “this person isn’t perfect because A, that person isn’t perfect because B,” and so on. Or, in discussing the trade-offs, the spouses disagree on who to name.

A New Paradigm for How to Decide Who to Name

First, think of people – there is no rule that guardians must be relatives – that are capable of fulfilling the role.  For guardian, start with people that have the health, stamina, and patience necessary to care for your children. An older grandparent who is slightly physically impaired (e.g., uses a cane) could work for one mild-mannered 15 year old, but probably not for rambunctious two year old twins. If your child is very involved in his school, sports, community activities, and/or religious organization and moving to where your sister (in-law) and family live would be an additional trauma for him, the family of his best friend might be a better choice if their child-rearing values are similar to yours.

Second, think about what you value most for your children – Family? Location? Religious observance? Lifestyle? Then, evaluate which people on the list best embody what you value most for your children. If you are truly stuck, think of the worst person who could be named by a court to take care of your children. Thinking about who you don’t want, and why, can help you articulate what you do want.

Lastly, realize no one is going to be able to “take your place”. In fact, the kind of planning we do keeps you in your place by providing instructions and guidance about what you want for your kids to the guardians, to the trustees managing how your money is spent on your kids’ behalf, and directly to your kids. By planning, you will be able to provide guidance to a less than ideal individual – a much better situation than having no plan and possibly family arguments or even foster care.

If You Have Picked, Are The People Still Right?

If you are part of the minority who has done their planning but it’s been some time since your documents were put in place, are the people still right? Or have situations changed caused by marriage, separation, divorce, births, deaths, change in location, level of trust, type of relationship, etc.? If so, does it affect their ability to serve in the role for which you have named them?

Let Us Help You

Lawyers are also Counselors; our job is to give counsel to our clients on the choices the client has based on the law and the client’s circumstances. If you are having a hard time deciding who to name as guardian for your children, or any of your other fiduciaries (trustee, health care power of attorney), we can counsel you. Moreover, as a third party we can help spouses bridge their differences about who is the right person to be named guardian of their children.

If you’d like to learn more about Guardianship Naming and estate planning, call our office today to schedule a time for us to sit down and talk. We normally charge $750 for a Family Wealth Planning Session, but because of the importance of guardianship planning, I’ve made space for the next two people who mention this article to have a complete planning session at no charge. Call today and mention this article.

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Teach Your Kids the Fundamentals of Money

Wednesday, March 7th, 2012

Kids generally don’t understand money innately, and until they learn that money must be earned and is in finite supply at any given time, kids are apt to develop a one-way relationship with money and become very good spenders. Those are tough habits to break. They can last into well into adulthood, and the consequences can be dire in the most serious cases.

The moral of the story is that it’s never too early to start teaching your children about money. If they develop good habits and beliefs around money early on, life will make much more sense to your children later on, since so much of life requires an understanding and healthy relationship to money.

Slow Comprehension

Children are often cognizant of money long before they can add or subtract. They understand that parents trade money for goods and services, and many times children even connect the dots and conclude that money comes from the bank. If you have young children, don’t assume they have no understanding of money. It’s more important, actually, for you to find out what your children do assume about money and work to slowly correct misconceptions and instill appropriate beliefs. It will take time, but the rewards will be well worth the effort.

Naturally Good Savers And Big Spenders

It’s pretty natural for kids to begin looking for and “collecting” money as soon as they realize that money can be traded for the things they love—candy and toys.  How you manage that urge to find, save, and splurge will largely determine what type of money managers your children turn out to be.

Make The Most of Opportunities

It’s when your children gain comprehension of the fact that money buys many of the things they want that you have the best opportunity to make an impact. For example, you can encourage your children to develop a mindset of abundance and the belief that in order to have money they must be a responsible steward and conduit of money.

One way to do that is to give your children an allowance, and require them to save part of it, give part of it away, and spend another part of it. When their savings reaches a particular figure, you can increase the allowance and the related giving and expenditures until it becomes second nature. And rather than sitting idly by while your children spend the entirety of their “free” money, encourage them to reach a little bit—to budget for bigger items and save in designated envelopes until they have enough for more significant purchases.

The point of all these exercises is to teach your children to respect and use money so it serves them. You want to help them avoid developing an unhealthy “need” to have money just for the sake of having it or spending it.

Our Concern For Your Family

We are concerned for you and your family. That’s why we think about issues like the one addressed in this article. We are here to help you make sure that your family is protected, no matter what happens to you. If you have questions about how you can plan to protect your family, you should contact our office and schedule an appointment. We normally charge $750 for Family Wealth Planning Sessions™, but if you mention this article by name when you call, we’ll waive that fee and meet with you for free.

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Orange County Will Lawyer Offers Advice for New Parents

Tuesday, October 18th, 2011

Starting a family is a beautiful thing. It’s hard not to be “all smiles” when thinking about how kids progress—the things they say and do as they’re growing that just leave you in awe and wonder about how the human mind develops. It really is astounding, in light of that, to wonder about our purpose on earth and to think about the legacy we leave behind. The only thing we know for sure is that we believe we are, and were, influenced by those who lived before us.

Is there any way to know for sure though? Is there any way to track our evolution through time as a civilization and know for certain that we are influenced by the actions of past generations? I believe there is. If you think about in a philosophical way, it’s actually a difficult question. I mean, how do we even know what’s real versus what is our perception of real? We are, after all, likely part of a very big picture, and our window is very small.

The way we can answer the question about being affected by the past is to look forward. Can you see how you’ve touched the lives of other people, how you’ve influenced and helped shaped them and their perceptions? Hopefully your children are coming to mind right about now.

The Seasoned Pros and the Rookies

It’s my hope that people who have been parents for a while already realize what I’m talking about. It’s literally the joy of parenthood. This article is aimed at you. It’s really aimed at new parents, those young couples (or even single parents) who are just starting to figure things out.

As a law firm, we focus on helping people get their affairs in order so their children are financially, emotionally, and spiritually cared for if something tragic happens. Don’t be fooled into thinking “it can’t happen to me.” It happens to someone every day. The question is not whether you can control outcomes. You can’t. The question is can you make an ongoing difference in the lives of your children if something terribly unfortunate happens to you. Do you have a plan to make sure it’s your legacy that gets passed on—to make sure that the fate of your children is not decided by a judge who thinks she or he knows what’s best for your little ones?

You Know What’s Best For Your Children

That’s right. So do you have a plan in place to make sure that what you know and how you want it instilled in your children will be followed no matter what happens to you? Most people don’t think through these things. Are you different?

Our law firm is dedicated to making sure you have a financial plan for your children. That goes without saying. Where we are quite different is on the emotional and spiritual end of things. Call that your story, your legacy, or whatever you want. The bottom line is that we are committed to making sure you are able to effectively raise your children, even if you’re not around to do it.

Give us a call today, and we’ll tell you how we can help you set up a plan that’s unlike anything offered by other law firms. We don’t just want your business. We want your trust and we want to build a relationship with you, so that you know deep down . . . there’s nothing to worry about. Call us today and mention this article, and we will schedule a free Family Wealth Planning Session™ for you, which is normally valued at $750. Don’t wait. Disaster can strike at any time. You, on the other hand, are only guaranteed right now.

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Protect Your Children’s Future – Orange County Guardianship Attorney Says “Clearly Outline How You Want Them To Be Raised”

Thursday, September 1st, 2011

Two of the most important things you can do for your minor children are to decide who will care for them and who will manage their finances in the event that something unexpectedly happens to you.

These can be sad things to think about, but they are imperative in protecting your child’s future. Choosing the right guardian means finding someone who will care for them as closely to the way you do, while making sure that your child will be comfortable and happy in their new surroundings. Deciding on the right person to handle your child’s finances (whether it be the guardian or someone else) will ensure that your child has the funds he or she needs to finish school and cover other living expenses.

But the Orange County wills and trust lawyers at Morgan Law Group also want to encourage parents to write out exactly what is expected of the guardian when it comes to raising their child. Often called a Testamentary Letter, it can give specific guidelines to the guardian on your wishes when it comes to the following issues:

  • The religion you want your child to practice
  • Preferences for where you want your child to be enrolled in school
  • The type of morals and values you want to be instilled in your child
  • Rules about coming-of-age decisions, including dating, choice of friends or curfews
  • Guidelines and rules regarding possessions you leave behind once the child is old enough to use them (jewellery, cars, etc.)
  • Kind words of wisdom or love that you want the child to hear as they grow older

Remember that although the wishes spelled out in a Testamentary Letter are non-binding, the instructions contained in it can help your guardian to raise your child as you would when faced with decisions that fall outside of what’s contained in your will.

For more information on how to prepare your Last Will and Testament to properly benefit your child, contact our Newport Beach estate planning law firm at (949) 260-1400 and ask to schedule a Family Wealth Planning Session.

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Orange County Estate Planning for the Young

Wednesday, August 24th, 2011

Estate planning needs a new name. When most people think of estate planning, words like elderly, wealthy, or death often come to mind. It also conjures images of vast tracks of land surrounded by high fences and homes built in the image of Versailles, right? Or is that just me? However accurate the word associations that go with “estate planning” may be, one thing is certain: Everyone needs some form of estate planning, even the young, single, and broke. Bet those words didn’t come to your mind though!

Living Plans for the Young

There are three essential documents that everyone needs, whether you have a family with children or are a single professional in the corporate fast lane.

Durable Power of Attorney

The first thing everyone needs is a durable power of attorney. There are many varieties of the durable power of attorney. The most popular variety goes into effect only when a doctor concludes and certifies that you are without capacity to make legally binding decisions. Without a durable power of attorney, your spouse, parents, siblings, live-in partner, or other loved ones would have to petition a court for the right to handle things for you. That’s an additional hassle they won’t want or need if they’re faced with your incapacity. All you need to do to set up a financial durable power of attorney is select a friend or family member that you trust to act as your “agent,” and contact our offices. We can handle the rest for you!

Healthcare Proxy

Another document that everyone needs is a healthcare proxy. Giving loved ones the authority to handle your financial affairs in case of incapacity isn’t enough. Someone needs to be in charge of making medical decisions on your behalf in the event that you are severely incapacitated. Leaving the burden of tough decisions to a group is unfair. Moreover, you need to designate one person who is capable, willing, and emotionally strong enough to carry out your wishes and look out for your best interests.

Living Will

A living will is a medical directive. It spells out what types of medical treatment you want or don’t want in the event that you are incapacitated and suffer from a terminal illness or are in a persistent vegetative state. In either of those cases, it’s only fair that your wishes be followed, but that can only happen if you’ve expressed your wishes and desires before becoming ill.

Although it is a contentious issue around the country, it is much more likely that your wishes will be followed if you have spelled them out in advance. It’s also important to share your wishes with your healthcare proxy and your physician. That way everyone is on the same page.

Professional Advice

Life planning is not something that you want to tackle alone. There is simply too much at stake, especially when professionals like us are available to help you create and implement a plan that is appropriate for your situation, whether you need only the documents listed above or a full blown estate plan with a will and revocable living trust.

Normally, our Family Wealth Planning consultations cost $750, but we are giving two consultations away for free this week! The first two people to call our offices, mention this article, and schedule an appointment will get to meet with an attorney at no charge. Don’t wait, because our schedule fills up fast . . . even at full price.

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Orange County Guardianship Attorney Tackles Overlooked Questions When Naming Guardians for Your Kids

Wednesday, July 27th, 2011

No one likes the idea of leaving their children without a parent, especially when the discussion revolves around planning for an untimely death.

But in order to make sure that your children are properly taken care of if both parents should pass away at the same time, the discussion on guardianship must be had.

There are certain factors that every parent should take into consideration when choosing who will look after their children. Besides the obvious questions like, “Do my kids like him or her?” and “Is this person capable of raising kids?” the Orange County guardianship law firm of Morgan Law Group urges parents to ask themselves these commonly overlooked questions as well:

  • Do the potential guardians have their own children? Having their own kids could be a blessing or a burden depending on how you feel those other children would interact with your kids, as well as how much space in the home would be available for your kids to adapt and grow.
  • Would this person’s job allow him or her the time to care for your children? If the guardian you are considering travels a lot or works unusual hours, he or she might not be the best choice, even if you think they would be a perfect fit for your kids.
  • Is the person financially capable of caring for your child? While there are planning steps parents can take to ensure their children would be cared for financially in their absence, it’s still important to choose someone who has the ability to provide for your kids if the money prematurely runs out.

Choosing a guardian can be a long and difficult process, and these are just a few of the questions you should consider. We’re here to help you make the right choice.  Start by calling (949) 260-1400 and ask if you qualify for a Family Wealth Planning Session ($750) with the mention of this article. These sessions are limited to 10 per month so call today!

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Newport Beach Estate Lawyer Reveals 3 Legal Documents Every Graduating Senior Needs to Ensure Parents Can Act On Their Behalf In An Emergency

Thursday, April 28th, 2011

It is graduation time, which means your “baby” is all grown up and preparing to head out into the real world.

But before your son or daughter packs up for summer vacation or even their first semester of college, I want you to think about what it means having a child who is an “adult” in the eyes of the law.

From a legal standpoint, I can tell you that it means you will now need written permission to make important medical or financial decisions on his or her behalf.

For example, if your daughter is having a problem registering for fall classes because she is missing medical records, you can no longer just reach out to her doctor access them without explicit permission.

Even worse—imagine your child was seriously injured in an accident or became ill hundreds, or even thousands of miles away from home.

If you did not have specific legal documentation in place that gave you permission to make important medical and life-saving decisions, the hospital or doctors could easily bar you from being involved in your child’s care (and they rarely bend the rules on this either—it goes against privacy laws).

So to avoid all this, I encourage parents of graduating seniors to take some time this summer and create 3 simple documents with their “adult” son or daughter.  They consist of the following:

  1. Advance Health Care Directive- This document allows a young adult to appoint someone they trust (the parent) to be their health care agent should they wind up in a coma or become otherwise incapacitated in a serious accident.  It also specifies the type of long-term care or life support the child would want should they become incapacitated or left in a permanent vegetative state.

2.     Financial Power of Attorney- Having a financial power of attorney is necessary to give someone (preferably the parents) permission to access any bank accounts and act financially on the adult child’s behalf if an emergency occurs.   Such activities covered under the power of attorney include paying bills, buying or selling assets, applying for social security or other government benefits and the opening and closing of accounts.

3.     Signed HIPAA Form- Parents should have their adult child pre-sign a HIPAA form to ensure they can immediately communicate with physicians and access important medical records.

Finally, for added protection, I would also create an ICE Card (In Case Of Emergency) to be kept in the child’s wallet listing the names of all approved emergency contacts, health insurance information and all known allergies.

Remember, it is a natural instinct to want to jump in and help your child in an emergency.  Yet without these documents in place, you could be a helpless spectator of your child’s care if he or she is unable to communicate.

So make it a point to create these 3 legal documents before summer officially begins (it is as simple as requesting the Parent Sanity Kit, here). It’s the peace of mind you and your child deserve if the unthinkable happens.

 

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Probate Attorney in Orange County Discusses ‘When The Unthinkable Happens’…

Wednesday, January 19th, 2011

By Darlynn Morgan, Probate Attorney in Orange County

It’s “Date Night” Friday…

The one night a week when you and your spouse spend time together…talk about the week…have a nice leisurely dinner…just the two of you.

You’ve lined up a babysitter…

You left money for the pizza delivery guy and a list of contact numbers on the refrigerator door…right under the magnet you bought in Yosemite last summer…

You’ve got everything taken care of…

Except what happens to your children if the unthinkable happens and you never make it back home.

If you have minor children and you’re severely injured or worse in an accident, the police may have no choice but to place your children with Child Protective Services if they don’t have information or documentation indicating who you would want to care for your children.

Once the immediate situation has passed, your children could then be at the mercy of the “system”.  There is no way the State can know who would be the best choice as a guardian for your children.

So…what do you need to do?

First, as a Probate Attorney in Orange County, I’d advise you to Put Your Guardianship Wishes in Writing!

 

Just telling your chosen guardian that you want them to take care of your children is not enough.  What you “said” is not legally sufficient and you could be placing your children at the mercy of the foster care system for a long period of time.  You need to have a plan in place, written instructions, and the proper legal documentation in order to ensure that your wishes are followed and that everyone knows what those wishes are.

Another misconception is that if you name a guardian in your Will, that’s all you have to do.

Wrong.

A guardianship provided for in a Will only takes effect after you die.  If you become incapacitated but are still alive, it means nothing.

Proper Documentation for Guardianship

A good, solid guardianship plan will allow you to choose guardians either on a permanent or temporary basis and leave instructions for those guardians so they know exactly what you want them to do and under what circumstances.

You need to have at least these documents in place at all times if you have minor children:

1.         Legal documentation naming a short term or temporary guardian in case you become incapacitated for a short period of time, or in the interim between your death and the time your permanent guardian can arrive.  The best option for this guardianship is someone close by that can take immediate custody of your children and keep them out of the court system.  Make sure that you talk to these individuals about your plans and that they are willing to serve as temporary guardians.  Have their names at the top of a contact list that is available immediately in the event you are not able to communicate.  And always make sure they have a copy of the documents naming them as temporary guardians.

2.         Legal documents naming permanent guardians.  The same information applies for this document as for temporary guardianship papers.  Make sure you talk to the people you select and that they have copies of these documents to provide to the court.

3.         Make sure you have written instructions for anyone taking care of your children so they know exactly what needs to be done if something happens to you.  Make sure they know who to call.  Even if you’re leaving your kids with the 16 year old kid next door to babysit on Friday night, make sure she or he knows what needs to be done if the worst happens.  And always have written instructions in place for the person or persons you choose as a guardian to tell them how you want your children to be raised.

4.         Always have a Medical Authorization and Power of Attorney for your children, especially if you’re sending them to Grandma’s on their own.  These documents will allow the person taking care of your children in your absence to make medical decisions that could be a matter of life and death.

Really makes you think, doesn’t it?

He said/She said will not hold up in court, so if that is the only plan you’ve made for your

children if the unthinkable happens, you could be placing them at the mercy of the

foster care system without even realizing it.

If all this has made you realize you would like to get your documents in order to make sure that your children and your property are taken care of, call me, your neighborhood Probate Attorney in Orange County, to schedule your Family Wealth Planning Session today.  We can identify what you need to do to plan for your family’s future and answer any questions you have about an effective estate plan.  Our Family Wealth Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call today and mention this article.

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Should Your Children Have Life Insurance?

Thursday, January 6th, 2011

You’re looking for ways to save for your child’s future…

When money is tight, you start looking for the least expensive investment option…

One of the oldest savings vehicles is a life insurance policy.

Life insurance for your children can be a good, low-cost method of setting money aside for the future and making sure that your child has insurance when they’re grown. This is especially true if your family has a history of medical conditions that might limit your child’s life insurance options in adulthood.

The flip side of the coin is that there are other more effective ways of saving available now, like 529 plans.

According to the American Council on Life Insurers, only about 15% of people under the age of 18 have life insurance and that percentage has remained steady for more than ten years. Still, whether it’s a good investment is a commonly asked question and many parents aren’t sure what to do, if anything.

When deciding whether or not to buy life insurance for your children, here are a few things to consider:

Future Insurability

Some financial planners say the only reason for buying life insurance for your children is if there’s a family history of health issues, such as heart disease or certain types of cancer, that might make it difficult or extremely expensive for your children to obtain life insurance as adults.

But how do you decide how much to buy?

It’s virtually impossible to know how much your child will earn in the future, but conventional wisdom says to use your own income as a baseline.

Try to get a policy that’s renewable and can be converted to a whole life policy to increase the investment value.

When you start doing your research, you will probably find that many companies don’t sell term insurance for children so have an independent insurance agent do the looking for you and find the best possible policy.

Insurance As An Investment Vehicle

Another possible option is a policy that allows you to invest money on a tax-deferred basis.  The gains on the investment are taxed, the first withdrawals would be to pay premiums and those are tax free.

Over the long haul, a better investment for your child’s future will be a 529 plan or an education IRA.  These will provide a better return on your investment.

One More Word To The Wise

Before you spend the money to purchase life insurance for your child, make sure your own life insurance needs have been met first.  Getting a policy for your child if you’re underinsured yourself doesn’t make sense.

If you’re considering life insurance as a way to invest for the future of your child, and not just as a means to pay burial expenses if something horrific happens, look at other investment options that will benefit your child while they’re alive.

Consider putting the same amount you would pay in premiums into an annuity.  You will probably end up with more money saved eventually than the face value of the term life policy.

Above all else, look at every option.  If you have questions, we can help you decide the best course of action for you and your child.

A Family Wealth Planning Session normally costs $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call today and mention this article.

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