Posts Tagged ‘wills lawyer orange county’

What and When Should You Tell Your Children About Their Inheritance?

Monday, June 17th, 2013

Not many Orange County parents like to talk to their children about their wealth. How much money people have is usually considered a private matter, something it’s not polite to talk about. But not talking to children about how much they may inherit can leave them unprepared to handle even a modest amount.

This is becoming especially important because children of baby boomers are due to inherit more wealth than ever before. It has been estimated that baby boomers will inherit $12 trillion from their parents, and they will leave an additional $30 trillion to their own children over the next 30 to 40 years.

Many who have substantial wealth are concerned that letting their children know how much they have will take away any motivation for the children to be productive and involved citizens. They often want their children to learn how to live in the world as “normal” people, and to be productive and successful in their own right.

Even those who are not as wealthy may not want their children to know how much they have. They may be concerned that all of their savings will be needed for retirement, medical expenses and end-of-life expenses. If that turns out to be the case, their kids would not receive an inheritance they may have been counting on.

But not knowing what they may inherit leaves children in the dark and can actually hinder their ability to handle money wisely. Those who inherit a substantial amount may be unprepared for what to do with that much money. Many find they suddenly feel separated from their friends, isolated, even confused about how to handle relationships; some will be wasteful and lazy. Those who inherit even a modest amount are likely to be just as irresponsible; stories of inheritances being squandered on an expensive sports car, lavish vacations and fast living are all too common.

Experts agree it is important to talk to children about money and wealth, at least in generalities. There is no need to show them bank and financial statements. Instead of concentrating on money and material things, talk to them about your values, the opportunities money can provide and what you want to accomplish with it. Most parents want their children to think about others, and many want to encourage entrepreneurship. Some give their children a small amount of money at a young age, and teach them how to save and invest, give a certain amount to charity and spend wisely.

Of course, the most effective way to teach children about money is to be an example; let them see you using your money in ways that reinforce your values. Many parents show how they value family relationships by spending their money on family vacations or buying a second home where the entire family can gather for summers and holidays. If your children see you being charitable and helping others, chances are they will become charitable, too.


Estate Planning for Young Families in Orange County

Friday, June 14th, 2013

Many young families in Orange County put off estate planning because they are young and healthy, or because they don’t think they can afford it. But even a healthy, young adult can be taken suddenly by an accident or illness. And while none of us expects to die while our family is young, planning for the possibility is prudent and responsible. Also, estate planning does not have to be expensive; a young family can start with the essential legal documents and term life insurance, then update and upgrade as their financial situation improves. A good estate plan for a young family will include the following:

Naming an Administrator

This person will be responsible for handling final financial affairs—locating and valuing assets, locating and paying bills, distributing assets, and hiring an attorney and other Orange County advisors. It should be someone who is trustworthy, willing and able to take on the responsibility.

Naming a Guardian for Minor Children

Deciding who will raise the children if something happens to both parents is often a difficult decision. But it is very important, because if the parents do not name a guardian, the court will have to appoint someone without knowing their wishes, the children or other family members.

Providing Instructions for Distribution of Assets

Most married couples want their assets to go to the surviving spouse if one of them dies. If both parents die and the children are young, they want their assets to be used to care for their children. Some assets will transfer automatically to the surviving spouse by beneficiary designations and how title is held. However, an estate plan is still needed in the event this spouse becomes disabled or dies, so that the assets can be used to provide for the children.

Naming Someone to Manage the Children’s Inheritance

Unless this in included in the estate plan, the court will appoint someone to oversee the children’s inheritance. This will likely be a friend of the judge and a stranger to the family. It will cost money (paid from the inheritance) and the children will receive their inheritances in equal shares when they reach legal age, usually age 18. Most parents prefer that their children inherit when they are older, and to keep the money in one “pot” so it can be used to provide for the children’s different needs. Establishing a trust for the children’s inheritance lets the parents accomplish these goals and select someone they know and trust to manage it.

Reviewing Insurance Needs

Income earned by one or both parents would need to be replaced, and someone may need to be hired to take over the responsibilities of a stay-at-home parent. Additional coverage may be needed to provide for the children until they are grown; even more if the parents want to pay for college.

Planning for Disability

There is the possibility that one or both parents could become disabled due to injury, illness or even a random act of violence. Both parents need medical powers of attorney that give someone legal authority to make health care decisions if they are unable to do so for themselves. (You would probably name your spouse to do this, but one or two others should be named in case your spouse is also unable to act.) HIPPA authorizations will give doctors permission to discuss your medical situation with others (parents, siblings and close friends). Disability income insurance should also be considered, because life insurance does not pay at disability.


Orange County Guardianship Attorney Advises Couples to Include Frozen Embryos and other Genetic Material

Friday, May 31st, 2013

Children and Estate Planning – A Natural Progression

When it comes to estate planning, children are one of the biggest reasons that couples turn to an Orange County guardianship attorney in the first place.  To be fair, though, most of the time, those children have already been born into the world.  What happens to the “assets” of couples who have embryos or other genetic material frozen?

Maybe a Bit Less “Natural”

Not only can embryos be cryogenically frozen, but so can sperm.  The whole idea is to preserve these materials for a later date.  For example, a man who is facing treatment for testicular cancer may have some of his sperm frozen so that if he chooses to have children later, he will still be able to father them genetically.  Likewise, couples that have struggled with infertility and gone the route of implantation may choose to have “extra” embryos frozen for future pregnancies.

New Estate Planning Questions are Raised

There are numerous results of these practices that should be considered with an Orange County estate planning attorney.  One of these is certainly something that hasn’t had to be considered until science advanced to the point where we are now:  What if a child is conceived after the death of one of his or her parents?  It almost seems like a surreal question, but these are things that now require consideration.

Generally speaking, an estate planning and guardianship lawyer in Orange County helps parents to determine how their assets will be distributed to those left behind.  In the case of a child conceived “postmortem,” the estate has likely already been distributed.  There’s also the question of death benefits.  Does a child who didn’t exist before the parent’s death have rights to that parent’s benefits later?  And even if the parents did look ahead and plan for these possibilities, what about the estates of grandparents or others to which the child might reasonably have a legal claim?

The Law Works to Keep Up with Technology

The truth is that not all of these issues are fully figured out yet.  In fact, the U.S. Supreme Court is expected to hear a case where the mother of a child conceived more than a year after the father’s death has applied for Social Security benefits for the child.  In many states there is a limited window in which children born after one parent’s death can be included in estate distribution.

Other states are developing laws to govern what is to become of embryos and other genetic materials that have been frozen.  How these materials are to be treated varies greatly from state to state, and there are a lot of moral, not to mention religious, implications that are being addressed by the decisions being made.  This will certainly be an interesting issue to continue to watch, but for those that already have genetic material frozen, the laws haven’t necessarily caught up to today’s technology.


Estate Planning for Same-Sex Couples in Orange County

Monday, April 29th, 2013

All across the nation, states and communities are struggling with their views on same-sex marriage.  While many aspects of the issue are being debated, voted on, appealed, and so much more, that doesn’t change the fact that same-sex couples in Orange County need to have legal protection to ensure their estate planning wishes are met and protected.

In order to ensure you are following the letter of the law, your best bet is to find a lawyer with experience in estate planning for same-sex couples in Orange County. This person will have a good understanding of what issues need to be addressed as well as how current laws are being interpreted by the legal system.

Keep in mind that both estate planning laws and domestic partnership, marriage, and related laws are continually in flux.  What was true when Bob and Gary did their estate planning may have changed drastically now that Anita and Jane are getting their documents in order.

Not only are there ongoing changes to California estate planning laws and their meanings for same-sex couples, but they vary from state to state, which can affect those who have residences outside of California or even those who travel.

Some of the issues you’ll want to discuss with your estate planning attorney include:

  • Can we use “right of survivorship?”
  • Should I name my partner as the beneficiary of my will?
  • Is some kind of a trust a better option for our situation?
  • What kind of taxes will my partner be expected to pay?
  • How can I ensure my IRA or 401(k) will go to my partner?
  • Will my partner have rights in the event of my death or incapacity?

Of course, if you and your partner have children, there can be even more estate planning issues to contend with.  You will definitely want an attorney involved to help protect the surviving partner’s rights to your children.  There are a few different tools that can be helpful in this situation, and it’s not recommended to simply rely on naming the partner as the child’s legal guardian.

It’s the unfortunate truth that same-sex couples currently have a larger estate-planning burden than their married heterosexual counterparts.  From setting up a domestic partnership to adopting children to naming beneficiaries, there are many legal aspects of same-sex partnerships that need to be addressed in order to provide even similar protections as those granted by a legal marriage in California.


Estate Planning for Retirement in Orange County

Tuesday, April 23rd, 2013

Estate planning lawyers in Orange County encourage individuals of all ages to get involved in their future planning.  The truth is, though, that many people put this important process off until later in life.  For some people, an upcoming retirement is the trigger that makes them start to think about the importance of estate planning.

The concerns you will have for estate planning at retirement age can vary somewhat from those you would have had earlier in life.  For example, there is a good chance that if you have children, they are grown, and you therefore don’t need to name a guardian for them in your will.  On the other hand, you may actually determine that you want to name one or more of your children as the executor of your estate/will or give him or her various powers of attorney.

As you approach retirement, you’ll want to make sure and look at things like who is the beneficiary on your retirement account(s), social security, etc.  It’s not uncommon for you to have a previous spouse or other person listed as your beneficiary, when that person is no longer the appropriate choice for the position.  Who wants their ex to receive their retirement?  Not you, and if you have a new spouse, certainly not him or her, either!

At this point in life, you’re going to want to sit down with an Orange County estate planning attorney to put together a comprehensive plan. The lawyer can help you identify the areas in which you need to focus.  Generally speaking, though, here are some of the most important places to start:

  • Do you have a living will?
  • Who is to make medical decisions for you if you are incapacitated?
  • Do you have a legal will?
  • Who will take care of your finances if you are unable to do so yourself?
  • Would you benefit from setting up specific trusts?
  • How would your spouse or dependents support themselves without you?
  • Do you have any business interests that need to be wrapped up?
  • Who has a legitimate claim to your estate?

These are really just a few of the questions that a skilled Orange County estate planning lawyer will ask, but they do create a good starting point for thinking in a variety of directions.  Retirees do have some unique concerns when it comes to estate planning, so it makes sense to work with someone who has very specific knowledge in that area.

Don’t forget, too, that if you are getting the ball rolling with estate planning, it’s a good idea to pass the information you receive along to your spouse, children, etc.  A huge number of people in Orange County have not yet started their estate planning, and the costs to their estate and their heirs can be huge if not avoided through legal means.  There are lots of reasons we put off estate planning until retirement, even though we know that it’s not something that should have been ignored.  By learning about the process and understanding it better, you can help the next generation get started when they’re still much younger in order to protect their own children and families.

 


Credit Card Debt and Inheritance in Orange County CA

Saturday, April 20th, 2013

When it comes to estate planning, many people are confused about what happens to their credit card debt. Clients tell their estate planning lawyers that they thought the debt would be forgiven, for example. This isn’t truly the case, however, and it’s a good idea to understand what will happen to your estate and the assets you plan to leave to your loved ones.

First of all, your estate will be expected to pay off credit card debt when you die. In fact, whatever you leave behind will first be used to pay for any outstanding debt. Creditors of all kinds will have first crack at what you (or your heirs) will have. Contacting the creditors and getting these debts paid off is one of the most important jobs of the executor of your estate.

The process of handling credit card debt will be different if there is a probate, as all creditors will be notified and have to file a claim in the probate case; this is usually viewed as one of the negative aspects of probate in California. Credit card debt is handled privately when you have a Revocable Living Trust in place.

Credit cards aren’t necessarily the first thing that will be paid off, but they are definitely on the list. And, if your estate doesn’t have the necessary assets to pay, then there are other courses of action may be available to those trying to collect on the debt. If there is another name on the account, for example, they can go after that person for an outstanding balance.

This is important to note if you’ve put your adult child on any of your accounts. Doing so is a fairly common practice, as it can make it easier for the adult child if they are helping by picking up groceries, paying bills, etc. By having them on your accounts, they can simply use their own cards for your purchases.

Unfortunately, if and when you pass away, they could become responsible for the entire balance on any of those accounts. Having them on bank accounts could even have tax implications. It is really a good idea to work with a Orange County estates attorney in order to determine what the state and federal laws are as they apply to your situation. One possibility is to have the adult child or other caregiver listed on the account as an “authorized user.”

Just what funds are used to pay off outstanding credit card debt after death can vary. In most cases, for example, a 401(k) plan has a specific beneficiary and is not considered part of the estate. It passes directly to the named party and does not go through probate. This may also be the case with insurance plans. Things can get a bit more complicated when talking about real estate, however. For example, can one spouse be forced to sell a home that has been inherited by a partner who had a large credit card debt in his or her name?

Laws regarding this and similar issues do tend to vary from state to state, which means that your best bet is to work with a an Orange County estates attorney to determine what our laws mean for you and your estate.


Orange County Estate Planning and Unintended Consequences When Transferring Property

Monday, February 18th, 2013

There’s little doubt that working with an estate planning attorney is a great approach to protecting your assets and your beneficiaries from excessive taxation.  Residents of Orange County rely on these professionals to help them discover what strategies they can use to legally avoid paying more taxes than are necessary.

The Good

One of those strategies that many estate planning attorneys in Orange County will suggest is to transfer property while you’re still living.  This involves creating a deed of sale that passes the property on to an adult child or other individual. In some situations there may be tax benefits for doing so or it may make sense considering the family dynamics involved.  And typically in this type of situation, the parent is typically allowed to live in the home until death.

The reasoning behind this type of decision is pretty sound.  After all, you likely know to whom you will pass your property, so why not do it now instead of waiting until you die and forcing the estate or the beneficiary to pay more in taxes?

If you speak with a reputable estate planning or tax planning attorney in Orange County, however, he or she will be able to offer a few reasons that you need to fully think through this idea before making a firm decision.

The Bad

Unfortunately, there are times when deeding over property can work against you.  The biggest concern, of course, is that some reason would arise that the person who now owns the property would force you to move out.  For elderly people who planned to spend their retirement in their own home, this can become more than an inconvenience.  With the home paid off and only a retirement income to live on, it’s unlikely that a lot of folks would be able to go out at that point and purchase a new home.

There are other ways in which the home can be jeopardized, too.  For example, the person to whom it was deeded could find himself in debt with creditors insisting the house be sold to pay it off.  He or she may also decide to take out a loan using the home as collateral (which would be completely legal) and then default and cause the home to be repossessed and the parents to be removed.

The Ugly

Because of the intense emotions that go along with issues surrounding estate planning (death, litigation, family tensions), Orange County estate planning attorneys sometimes see the uglier side of people.  Once a home has been deeded over, the parent may no longer have any say in what happens to it.  Should the relationship between them and their child change for the worse, the parents could be evicted.  Remember that this isn’t just about the parent/child relationship, but also about your relationship with your child’s spouse.

Along those same lines, consider how inheritance works.  If you deed a home to your child and that child is unexpectedly killed, your property does not revert to you.  Instead, it passes to the spouse and any children.  Those people may now have need for the home without a second parent to help pay for expenses.  And that’s not even taking a look at situations where there’s just bad feelings between the survivor and his or her in-laws.

Be Smart

None of this is to say that deeding over your property is necessarily a bad idea.  After all, there’s a reason that estate planning attorneys in Orange County recommend it on a regular basis.  It is, however, important to understand what the risks are and to work with your lawyer to find ways to minimize them through legal means.


Wills Lawyer Orange County Reveals How The Right Kind of Trust Can Shield Your Parents from End-of-Life Costs

Friday, October 29th, 2010

By Darlynn Morgan, Wills Lawyer Orange County

As a wills lawyer Orange County, I hear it from desperate families every day; mom or dad can no longer take care of themselves and the family needs to bring in some form of additional care. Perhaps that’s care from a nursing home, or maybe just some help around the house a few days a week, but regardless of services, the family will often require some form of assistance to afford the costs.

Yet the big shocker always comes when mom or dad finds out they don’t qualify for Medi-Cal or any other assistance because they own too much.    And “too much” is usually an overstatement. Oftentimes mom or dad only has a house or maybe a tiny bit of money in the bank and still can’t qualify.

This situation is heartbreaking as the family is then forced to sell or use up the remaining assets to cover mom or dad’s care.  Not only does this mean there will be no inheritance left for the children, but the possibility still remains that mom or dad will outlive their funds and their children will be forced to pick up the tab.

Scrambling to put mom or dad’s assets into a joint account with one of the children doesn’t help the situation either.   There are “look back periods” where the government can see if you’ve attempted to hide funds.  Not to mention, money in a joint account still counts as a full “asset” to the person applying for government assistance and ultimately works against them in the end.

So how can mom or dad still qualify for Medi-Cal without sacrificing everything they own in the process?

Simply put, they need an irrevocable trust.  With an irrevocable trust, your parent’s assets will be “owned” by the trust and not them personally.  That way when they apply for assistance, they will most likely qualify as they don’t technically own anything in their name.

In my opinion as a wills lawyer Orange County, it’s the hands-down smartest (and probably the most cost-effective) way to protect your parent’s assets from the astronomical costs of nursing homes and other long-term care facilities.

However, as I mentioned earlier, there is a look back period when attempting to qualify for any type of assistance, so it’s very important that you sit down with mom or dad as soon as possible to discuss how your family would handle the financial aspects of disability or incapacity before it happens. Then you can work with your parents, in addition to a qualified wills lawyer Orange County, to make sure to protect their assets.

Remember, you don’t have to sit back idly because there are ways to protect what your parents have worked so hard for through the years.  Instead, I encourage you to be proactive, plan ahead and educate your parents on the benefits of having an irrevocable trust.  It’s a great way to protect their assets (and your inheritance!) now, and for years to come.


Wills Lawyer Orange County Asks, What Happens To My “Tweets” When I Die?

Tuesday, September 7th, 2010

By Darlynn Morgan, Wills Lawyer Orange County

If you are a regular reader of my blog, you know that my focus as a wills lawyer Orange County is to preserve not just your financial wealth, but your legacy as well. That often means going beyond your financial assets covered by “traditional” estate planning methods, and delving deep into your human assets such as family values, traditions, and memories.

More and more people are using social media sites such as Twitter and Facebook to record important memories such as the birth of a baby, a child’s graduation, a wedding and so much more.  You will find commentary not just from the owner of the social media account, but also from friends and family as well.  Social media accounts serve as a cache for photos and videos – all of which incredibly valuable to your family.

Clearly in today’s tech-savvy world, social media is quickly becoming the family’s most important depository for their memories.  Doesn’t it make sense, then, that you include a plan to preserve the memories hosted on your social media accounts along with the rest of your family’s legacy?

Even though we are still at the dawn of what social media will become, the major social media platforms are already beginning to address the issue of how to handle social media accounts when the owner passes away.  Here are a few examples:

Twitter

Twitter recently adopted a policy to handle ownership of a deceased user’s account. Twitter requires the following information:

1.     Your full name, contact information (including e-mail address), and your relationship to the deceased user.
2.     The username of the Twitter account, or a link to the profile page of the Twitter account.
3.     A link to a public obituary or news article.

Once you provide Twitter with these three things, you can either request that the deceased user’s account be deleted or receive an archive of all of the deceased user’s tweets offline.

Facebook

Facebook has a unique feature where they will memorialize the profile of a deceased account holder. When a profile is memorialized, only current “friends” will be able to see it.  It is however, still active so that friends can leave messages on the wall in remembrance.

To have someone’s profile memorialized, just click this link and you’ll be able to submit a request.  You can also request that the decedent’s account be deleted using this form.

LinkedIn

LinkedIn has a simple Verification of Death form which is easy to complete.  You can find this form and the information required to close the account on the LinkedIn Customer Support Center. You can opt to submit the form either online or via fax. You will need to know the account holder’s email address used on the account.  This is what is used to verify the person’s identity.

As with all other aspects of estate planning, it is important to discuss what should happen to your online profiles with your wills lawyer Orange County and document your wishes in your will or trust.  If you would like to discuss this with an estate planning attorney who understands the importance of preserving a real legacy for your family, call us today at (949) 260-1400 to schedule your own Family Wealth Planning Session (normally $750). However, these appointments are limited to 10 per month, so call today!


Warning from a Wills Lawyer: Orange County Residents Must Avoid Finding Security in Generic Documents

Tuesday, July 20th, 2010

From the Desk of Darlynn Morgan, Wills Lawyer Orange County

I’m often asked, what is estate planning? Let me share with you, first, what estate planning is not.

Estate planning is not about getting a set of documents prepared. Many people think that they can simply get a will, a trust or powers of attorney prepared and then they are covered if they become incapacitated or die.

They feel secure thinking, ‘now there won’t a probate’ and that everything is all taken care of, but this is a huge misconception.

Why?

Well, first, just having a set of documents with your name on it is not going to avoid probate. There is more to it than that.

Essentially, estate planning means taking the time to carefully think through, and plan for, what would specifically happen to your money, your spouse, your kids, your assets, your wishes, your legacy etc. if something happened to you.

It’s also about making sure you are getting the legal guidance you need so you can make the very best legal and financial decisions through every stage of life.

Finally, it’s about forming a long-term relationship with a lawyer so you can make sure your estate plan stays updated (and hence valid!) as your life and the law changes through the years.

But of course, receiving that guidance starts by finding, and forming a relationship with a lawyer who is committed to serving you and your family for life.

You also want that lawyer to take you by the hand and walk you through what I like to call a Family Wealth Planning Session so you know exactly what would happen to your kids, your spouse, your assets and your wishes if something tragic happened to you right now.

Then together you and your trusted attorney will create a specific plan (as opposed to the generic plans you can get online that leave families in a lurch when they need it the most) to ensure someone can make important medical and financial decisions for you if you are injured, your assets stay protected and your children will be cared for by the people you want, in a way you want should the unthinkable happen.

Remember, the state has a plan for you, and you need to know what that is. Once you are informed, then you can decide if you like what would currently happen. If you don’t like what would happen, then your lawyer can make recommendations as to what your next step should be in order to accomplish your objectives.

But again, it all starts with the Family Wealth Planning Session.  Readers of our blog can take book one of these exclusive sessions (normally $750) for free by calling (949) 260-1400 and mentioning this article.  However, these appointments with me, a wills lawyer Orange County, are limited to 10 per month so claim your spot today!


Southern California Probate Attorney / Estate Planning Lawyer / Wills & Living Trusts Law Firm
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