Posts Tagged ‘orange county estate planning’

After Your Spouse Passes Away Part II – Orange County Estate Planning

Friday, September 23rd, 2011

A couple weeks ago we wrote Part I of this article, which addressed steps that need to be taken after the passing of a spouse or life partner.  Because there is so much to think about and do, we couldn’t fit all the steps into one article, so today we’ll address some other matters that will need your attention.

Just a quick recap

Last time we discussed the following things that need to be done after the death of a spouse or loved one:

  • Getting advice from a trusted professional or competent family member or friend.
  • Gather documents such as social security numbers, bills, marriage and birth certificates, titles to vehicles, mortgage records, etc.
  • Begin the process of probating the will—assuming you haven’t worked with a Personal Family Lawyer and reduced the estate to avoid probate altogether, which is a step that you absolutely should consider.

Cash Flow

There are a few other very important things you need to do.  For example, you’ll need to quickly assess your sources of income and your fixed expenses.  This is especially important if you weren’t the person in charge of the home’s finances (a story that is too common).

You’ll need to figure out how much you owe monthly for the mortgage, utilities, insurance, groceries, and vehicle payments.  Next, you’ll want to know what immediate sources of income are available to you: Pension payments, Social Security, IRA distributions, dividends, interest on savings, and wages.

Quickly formulating a short-term financial plan will allow you the breathing room to set up a comprehensive strategy for maintaining your wealth in the long-run.

Insurance

If you’ve lost a spouse or life partner, you might need to collect on an insurance policy.  If you don’t a have a copy of the policy or an insurance agent that you can call, you might want to check with your spouse’s employer (or former employer).  You can also look through checkbook registers and bank statements to determine if a policy premium was paid on a regular basis.  That will give you a clue as to whether a policy does in fact exist.

Other Odds and Ends

If your spouse or partner was employed at the time of death, check with the benefits administrator at his or her place of work, because there might be some benefits coming your way.  Besides life insurance benefits, you might be entitled to salary and bonuses, compensation for accrued vacation or leave time, stock options, and left-over funds in a medical savings account.  You’ll also want to ask about rolling over a company 401(k) into an IRA.

Finally, if your loved one had an IRA and you are the only beneficiary, you can roll that into your own IRA without tax consequences, though you might be required to take a minimum distribution.  This is also the time to apply for social security benefits with the Social Security Administration.

Loss is Difficult

We know that losing a loved one is painful and that it’s difficult to function when your life is filled with grief.  But we are here to help and serve you, preferably well in advance of any loss that you might suffer, because planning ahead makes all the difference in the world.  Planning ahead removes pressure and uncertainty from a painful situation.

If you would like to meet with a Personal Family Lawyer, please call our offices right now.  We would be happy to run through a Family Wealth Planning Session with you to determine what your needs are and how you can prepare for the future.  In fact, the first two people who call and mention this article will receive their sessions for free, so please act now.

The Biggest Failures In Orange County Estate Planning

Tuesday, September 6th, 2011

So, you’ve just finished your estate plan and you’ve got your trust safely tucked away. You feel confident now that if something happens to you everything is set up properly and your family will be secure.

Here’s why you could be sadly mistaken.

When a trust is set up there are several key things that need to be done. You need to check the beneficiary designations for your bank accounts, retirement accounts, college-savings accounts, life insurance policies and brokerage firm accounts and update them accordingly. Much too often people fail to take these steps and the result of not doing this can be disastrous.
That is why here at Morgan Law Group we have a process that will guide you through everything you need to do once your estate plan is set up. We give you instructions and reminders to make sure that you get everything in order to ensure that your assets will go to the people you choose.

Some people choose to have us do all the legwork. This means that we analyze how each of your assets are titled or designated and make sure that all the transfers are completed accurately. We prepare an asset spreadsheet confirming what you own and how it is currently held (or titled). Then we complete all of the paperwork necessary to transfer every asset and designate every beneficiary, which gives you the maximum protection possible.

Another failure in Orange County estate planning that sometimes happens to folks is that they fail to keep their designations and estate plans up to date. Life events such as birth, death, marriage and divorce can mean that your estate plan and designations need to be changed. Be sure that you have all of these things reviewed at least every three years or sooner if you experience once of these life changes, to make sure that your assets go to the people that you choose.

To avoid this, we contact our clients every three years to remind them that they need to come in and review their plan. We offer this review at no charge and we find that it gives our clients great peace of mind knowing that we are watching out for them.

If you think that you are at risk for one of these failures, please stop reading this blog right now and call us (949) 260-1400 for a free Family Wealth Planning Session. Your loved one’s financial future may be at risk.

Determining if a surviving spouse should continue to live alone | Orange County Wills and Estates Lawyer

Thursday, May 19th, 2011

When a loved one passes away, the grief doesn’t go away after the burial. This is especially true for surviving spouses who have most likely spent the majority of their life living with, and caring for the deceased.

While life may return to normal for the rest of the family, the surviving spouse is often left with a houseful of memories which tend to prolong the grief that they may be experiencing.

And along with prolonged depression and sadness, the surviving spouse may now also be experiencing self-care issues and a lack of independence. This is undoubtedly hard to watch, but when it happens, it’s important to evaluate whether or not the surviving spouse is still fit to live alone.

As an Orange County wills and estates lawyer, I help families on a regular basis who are dealing with this same issue. That is why I have put together a list of questions to help determine whether a surviving spouse is capable of staying in the home, or if it is better for them to live elsewhere:

- Can the person get up and down stairs without assistance?

- Is using the restroom or bathing difficult without someone there?

- Can the person cook for him or herself?

- Will the cleanliness of the home suffer if this person lives alone?

- How will the home maintenance be handled?

- Is there someone to care for the yard and garden?

- If the person were to fall and injure themself inside the home, is there a way for them to get immediate medical attention (for example, does this person wear an emergency call button necklace)?

- Will living alone hinder the person’s recovery from grief?

- Is transportation readily available?

These are tough questions to ask, especially if the person is used to being independent.  However, these issues must be addressed as the family will need time to legally and financially prepare for long-term care.

If you are now in this position and not sure of the best way to proceed, contact our Orange County estate planning office by calling (949) 260-1400.  With the mention of this article, you can come in for a Family Wealth Planning Session (normally $750) absolutely free of charge.  However, these sessions are limited to 10 per month so call today.

Steps to establishing a strong estate plan | Estate Tax Lawyer in Orange County

Tuesday, March 1st, 2011

Orange County estate planning can be a daunting task, especially when the last thing you want to think about is your death and your family’s grief.

How do you start your estate plan? What all should a good estate plan include?

In this series, I want to discuss the key steps in building a strong plan of distributing assets upon your death. No one likes to think about the grief that their demise will cause their family. But an even sadder thought is forcing your family to deal with unnecessary problems or tasks when they are trying to grieve, just because you failed to put an estate plan into place.

The first step to planning your estate is to calculate your net worth.

This can be done by adding up all of your assets, including:

- Home equity and other real estate

- Jewelry

- Cars/Boats/Motorcycles/Jet-Skis, etc.

- Collectibles

- Debt other people have to you

- Bank account balances

- Investment accounts

- Retirement accounts

- Life insurance policies

- Business interests

After adding up all of your assets, you then subtract all debt. Common debt includes:

- Credit card balances

- Car loans

- Personal loans

- Mortgage balances

After you subtract your debt from your assets, you are left with your net worth. Once you determine this number, you will be able to find out what federal tax liabilities your estate will be responsible for upon your death. Depending on the state you live in, it is also possible that you may be responsible for inheritance tax or other estate taxes.

The best way to determine what your tax liabilities will be based on your net worth is to contact an experienced Orange County estate tax attorney to calculate it for you.

By simply mentioning this article, you can come in for a Family Wealth Planning Session (normally $750) where we will help you determine such estate tax liabilities absolutely free of charge. However, these sessions are limited to 10 per month so call today!

Orange County Estate Planning Attorney Urges You to Give the Ultimate Gift of Love this Valentine’s Day

Friday, February 11th, 2011

By: Darlynn Morgan, Orange County estate planning attorney

Valentine’s Day is right around the corner and love is in the air!

If you’re married or in a serious relationship, I can guarantee one of your “to-do’s” this month is to find that perfect gift for your special someone to show just how much you care.

Perhaps that means buying a shiny new piece of jewelry or sending an embarrassing display of roses , but for those of you looking for something a little more, “original”, might I suggest you consider the ultimate gift of love?

This gift is something not found in stores.

It certainly won’t fit in a box.

And while it may cost you a little bit of money, it is truly priceless and will hold deep meaning and value for generations to come.

So what is this ultimate gift of love?

Orange County estate planning!

You see, there is no better way to show your loved one that you care now and forever more than to get your estate planning in order. By doing so you are essentially telling your significant other, “I want to make sure you are taken care of…. physically, financially and emotionally, no matter what life throws our way. I want to make sure the courts, federal government or disgruntled relatives never get in the way of my wishes for you. I want to protect you today, tomorrow and long after I am gone by means of this gift.”

If that doesn’t express true and forever love, I don’t know what else does.

So may I suggest you pass on the diamonds this year and give the gift that really says “forever” better than any piece of metal ever could?

Instead, give your me, your neighborhood Orange County estate planning attorney a call and find out what it will take to make sure your significant other stays protected should something unexpectedly happen to you.

-Darlynn

P.S.  Want to really show that special someone how much you care for Valentine’s Day? Then check out our Valentine’s Day special here where you can get a FREE Family Wealth Planning Session (normally $750) and a dinner for two to Maggiano’s on me!  This offer is limited so check it out today!

Orange County Estate Planning Attorney Explains How to Choose a Health Care Agent

Tuesday, February 1st, 2011

If you are over 18, choosing a health care agent is one of the most important things you can to do to make sure someone has permission to act on your behalf in a medical emergency.

If you’re not familiar with the role of a health care agent, this is essentially the person who will carry out your wishes regarding things like life-support, resuscitation and feeding tubes if you are incapacitated and unable to speak for yourself.  Your health care agent will also handle the day-to-day decision making regarding your medical care including (but not limited to):

-          Medication administration

-          Blood and blood products

-          Diagnostic tests

-          Dialysis

-          Surgery

-          Long-term care (i.e. nursing home assistance, home health care)

-          Hiring and firing medical personal

-          Determining who can (and cannot) visit you during your hospital stay

-          Getting court authorization to obtain or withhold treatment if your wishes are not honored by a doctor or other healthcare professionals

However, as an Orange County estate planning attorney, I can tell you that while choosing a health care agent may seem like an easy task, the process is actually much harder and complex when you start working to narrow down candidates.

Remember, your health care agent could be called on to make some of the most difficult and heart wrenching decisions they’ve ever faced.    The job could also turn out to be timely and demanding if you are seriously hurt and require decisions to be made on a round-the-clock basis.

Not to mention, situations such as these can get very emotional.  Your health care agent may be called on to carry out requests you’ve made, but they don’t personally agree with.  They may also feel pressured by family members to make decisions contrary to what they know you would want under the circumstances.

For these reasons, it’s very important that you take your time in choosing a health care agent so you wind up with someone truly qualified for the job. If you’re feeling stuck and still not sure who to pick, here are the top three qualifications I ask my Orange County estate planning clients to consider when narrowing down their options:

1.       Location- In a true medical emergency, your health care agent may be called upon to make round-the-clock decisions until you are stable. If that occurs, you’ll want someone who lives close enough to meet with doctors and visit the hospital whenever necessary.  For this same reason, you might also want to exclude someone who travels on business a lot or has such a demanding schedule that it would forbid them from attending to your care.

2.       Medical Knowledge- While your healthcare agent certainly doesn’t have to be an expert in medicine, you do want to choose someone who is capable of understanding your medical condition and the choices presented to him or her by the doctors overseeing your care.  That may also require you to weed out candidates who are overly squeamish or emotional about medical subjects to ensure the best decisions are made on your behalf.

3.       Loyalty- The person you choose as health care agent should feel a sense of loyalty to you and your wishes to ensure your preferences are fully carried out in the face of emotional stress, personal disagreement or pressure from other family members to make decisions contrary to those you have specified.

As a final thought, you’ll also want to choose someone whom you feel totally comfortable sharing your medical preferences with.  Your healthcare directive can only cover so many situations that could arise; therefore, it’s critical you give your agent as much direction as possible in case they are presented with a decision not addressed in your legal documents.

“Intangible” Estate Planning – Wills Lawyer in Orange County Says Think Beyond the Paperwork

Thursday, January 20th, 2011

By Darlynn Morgan, Wills Lawyer in Orange County

When you finally make the decision to plan your estate, you’ll hear the same words over and over again…

Wills…

Trusts…

Revocable Trusts…

Power of Attorney…

Those words are the stock and trade of Orange County estate planning specialists.

You take your material possessions and compartmentalize who should receive what and how much.  And you’ll use those wills, trusts and powers of attorney to take care of the legalities of passing on what you’ve accumulated over the span of your life.

But what about the intangible things you accumulate during your lifetime?

What documents or words do you use to pass those on?

Here are a few words I as a wills lawyer in Orange County would like to challenge you to think about when you sit down to plan your “intangible” estate:

1. Values

Most of us have values and principles that we hold dear and want to pass on to our children.  If something happened to you and you were not around to see your children reach adulthood, what values would you want to ensure were passed on to your children, or even your grandchildren?  For instance, which is more important to you – money or health?  Who do you consider to be your hero or role model? Of all the things you accomplished in your lifetime, which gave you the deepest satisfaction?  These are all things that should be written down or recorded and preserved for your loved ones.

2. Personality

Who are your children? Yes, they’re your offspring, but who are they as individuals? What are their strengths? What are their weaknesses?  What type of person would be best suited to help raise them if you weren’t around?  We challenge you to think about the personalities and emotional needs of your children when deciding who would be best suited to raise them in your place.

Orange County Estate Planning for the “Non-Traditional” Family

Thursday, September 2nd, 2010

By Darlynn Morgan, Orange County Estate Planning Lawyer

The face of the American family is changing.

Since 1970, the number of what are considered “non-traditional” families (i.e., unmarried opposite sex couples, same sex couples, single parents with minor children and single adults with neither children or a partner) has more than doubled.

And now, with the divorce rate at almost 50%, more and more people are either on their second marriage, getting married later, or have children from previous marriages.

These changes in the structure of the American family have given rise to the need for estate planning options and considerations that had never really been talked about before the 1990’s.

If your life situation falls under the umbrella of the “non-traditional” family, here are a few things you need to take into account when you’re considering estate planning:

1. Marital Status and Your Estate

If something happens to you, your surviving spouse often has a statutory right under state law to receive property from your estate in spite of a valid enforceable will that says otherwise.  The key word in this scenario is “spouse”.  The person taking from the estate must be considered a spouse under state law.  Domestic partners are not entitled to this right (unless your state allows you to register as domestic partners by statute and you have legally registered).

2. Understanding the Definition of Family Members

Whether or not your partner can be considered a spouse for a specific purpose is determined by state law.  For example, in some cases a person can be deemed a spouse for purposes of collecting health insurance benefits from your employer, without being considered your spouse for any other reason. However, state laws with regard to certain benefits are changing rapidly, many in response to the changes in what constitutes a family relationship.  Check with your estate planning lawyer to see what the current situation is in your state.

Adoption issues are another area to give serious consideration in your estate plan. In many cases, an unmarried partner has no legal rights or obligations in relation to the other partner’s children if they are not the child’s natural parent or have not legally adopted the child.  They are not defined legally as a parent.  And the length of time the unmarried partners have lived together makes no difference.  Make sure to have provisions for the care of your children in your estate plan and that your wishes are legally enforceable.

3.    Property Rights

Every state has laws that specifically deal with the rights, privileges and duties associated with marriage when it comes to real property.  While some states are adding statutes to deal with the relationship of domestic partners, most unmarried couples don’t have the same rights and privileges as married couples.

One way to establish a legal relationship between the unmarried partners and provide for legal treatment and transfer of property is through a relationship agreement between domestic partners.  The agreement can be enforced as a contract and address a multitude of estate planning issues including signature authority, asset disclosure and values, life insurance, health and disability insurance, and the transfer of property. If the agreement is treated as a partnership, it can provide enforceable inheritance rights.

As American society and its view of what constitutes a “family” continues to evolve and change, we will need to be more and more creative in dealing  with Orange County estate planning and tax issues to make sure that everyone receives the appropriate planning assistance.  Talking to a trained Orange County estate planning lawyer to make sure all your bases are covered is the best place to start.

If you are a member of a “non-traditional” family and would like to know more about how to provide for your loved ones if something happens to you, call us to schedule your Family Wealth Planning Session today.  We can explain your legal rights and help you plan properly.  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 (949) 260-1400 today and mention this article.

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!

Life Changes That Affect (Or Jeopardize!) Your Orange County Estate Planning

Friday, May 7th, 2010

If you’ve tackled your Orange County Estate planning and now have a will, trust and other directives in place to ensure your family is protected when they need it the most, congratulations!

You may find in a time of crisis or emergency that this was the best decision you’ve ever made.

On the flip side, your estate planning could turn out to be the biggest nightmare you’ve ever faced if you fail to update those documents with your Orange County Estate Planning Lawyer as your life and the law changes through the years.

So to help ensure your Orange County Estate Planning documents stay effective and relevant to your asset protection and child protection needs, here are 10 ‘life events’ which warrant an immediate review of your current Orange County estate plan:

  • Marriage
  • Remarriage
  • Divorce
  • Birth of a child
  • A child becomes handicapped or diagnosed as special needs
  • Your original guardians are no longer a good fit or your first choice to care for your kids
  • You are in a same-sex relationship with property or children in common
  • Purchase of life insurance
  • Purchase of real property
  • Sale of real property

Of course if you have experienced any of the above life changes and now need an Orange County Estate Planning Lawyer to review and update your current estate plan, simply mention this article and receive our Family Wealth Planning Session ($750 value) at no charge.  We do limit these in-depth review sessions at 10 per month, so be sure to call 949.260.1400 to immediately secure your spot!

Southern California Probate Attorney / Estate Planning Lawyer / Wills & Living Trusts Law Firm
Serving: Los Angeles, Orange County, Riverside, San Bernardino, San Diego & all of Southern California

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.