...at least it is in Tucson, Arizona, according to this article from the Arizona Daily Star. I'd argue that any month is a good month to write a will if you don't have one.
The article reiterates much of what I say to my prospective clients: "This is the biggest kindness you can do for anyone.... Even if you think you have nothing to designate to anyone, put something in writing. Give them a hand. Let them know what you would want."
My own mantra is this: You may not be 100% certain about how and what you want to leave to your friends and family. As an estate planning attorney, it is my job to help you make these decisions. I believe that, in the end, these decisions are less important than leaving to your loved ones the gift of clarity.
Showing posts with label wills. Show all posts
Showing posts with label wills. Show all posts
Wednesday, March 25, 2009
Friday, November 21, 2008
Don't Have an Estate Plan? You're Not Alone!
I just did an initial meeting with a nice young couple that is expecting their first child. Is there a better time to make sure your affairs are in order? Interestingly, I meet with a lot of couples that have kids in school who have never made the time to make official their desires who will take care of their kids and how if something happens to the parents.
Don't get me wrong. I don't have kids, but I have many friends and family members who do, so I understand how busy life gets when you are juggling everything else you do while at the same time raising a family. But hey, that's why you pay someone like me to take that task on!
Lawyers.com, a site owned and run by LexisNexis did a really interesting survey that showed that nearly 60% of Americans don't even have a simple will. While I am certain that some of this is due to the cost involved, the survey seems to confirm what I already suspected: a lot of people don't have estate plans because they think they don't need them, or they plain don't want to talk about death!
There's not much I can do about the latter, but let me say that most anyone can really benefit from an estate plan. I have done a fair amount of pro-bono work for the very elderly. Consistently I have found that as they approach the end of their lives, those who have very little to give to their beneficiaries are as equally concerned about where their property goes as those that have large estates. After all, who wouldn't want to be certain that their old car went to their niece, or that particular family photograph goes to their cousin?
I really believe that there is no estate too small to benefit from an estate plan. About the only time I would ever advise someone to consider skipping the estate planning process is if their goals are identical to their state's laws of intestacy (the laws that control where your property goes when you die without a will). Even in that circumstance, an estate plan will provide certainty and clarity that cannot exist without one.
The word legacy gets tossed around a lot in the realm of estate planning. I think that leaving a legacy for your kids, grandkids, partner, friends, or a charity are all very noble. In the end, however, I believe that the absolute most-important legacy you leave through an estate plan is the legacy of clarity for those you have left behind. This clarity will provide them certain answers at a time when they feel very uncertain. This is a gift that is invaluable, and not even remotely contingent upon the value of your estate.
Don't get me wrong. I don't have kids, but I have many friends and family members who do, so I understand how busy life gets when you are juggling everything else you do while at the same time raising a family. But hey, that's why you pay someone like me to take that task on!
Lawyers.com, a site owned and run by LexisNexis did a really interesting survey that showed that nearly 60% of Americans don't even have a simple will. While I am certain that some of this is due to the cost involved, the survey seems to confirm what I already suspected: a lot of people don't have estate plans because they think they don't need them, or they plain don't want to talk about death!
There's not much I can do about the latter, but let me say that most anyone can really benefit from an estate plan. I have done a fair amount of pro-bono work for the very elderly. Consistently I have found that as they approach the end of their lives, those who have very little to give to their beneficiaries are as equally concerned about where their property goes as those that have large estates. After all, who wouldn't want to be certain that their old car went to their niece, or that particular family photograph goes to their cousin?
I really believe that there is no estate too small to benefit from an estate plan. About the only time I would ever advise someone to consider skipping the estate planning process is if their goals are identical to their state's laws of intestacy (the laws that control where your property goes when you die without a will). Even in that circumstance, an estate plan will provide certainty and clarity that cannot exist without one.
The word legacy gets tossed around a lot in the realm of estate planning. I think that leaving a legacy for your kids, grandkids, partner, friends, or a charity are all very noble. In the end, however, I believe that the absolute most-important legacy you leave through an estate plan is the legacy of clarity for those you have left behind. This clarity will provide them certain answers at a time when they feel very uncertain. This is a gift that is invaluable, and not even remotely contingent upon the value of your estate.
Greetings from Downtown Seattle!
It is a nice, partly-sunny late-fall Seattle morning, and the weekend is looking pretty decent. I'm hoping that if the winds stay calm and the skies relatively dry, I can get one last weekend on the water in my 17' 1976 Bayliner Mutiny. My sister and I bought it off of my grandmother late this summer after my step-grandfather passed away in June. We've been thrilled to keep one of his prized possessions in the family, and I only hope that we are as good caretakers as he was of this 70s-bowling-alley-blue beauty.
As an estate planning and probate attorney, I've probably spent as much time on family probate matters as I have on anyone else's. I reckon that some would find this morbid or depressing. It is certainly emotional, surveying the life of someone I know well, and whose own life played a role in molding my own. That said, I am thrilled to be able to help my family, and the families of my clients, at this most profound of all moments.
Through this, I've been struck by the loose ends that are left untied, the bad feelings unaddressed, and all the little "i"s undotted and "t"s uncrossed. That's probably why I feel compelled to blog here: I want YOU to know the whys and hows of estate planning.
Yes, I get paid to draft estate plans, so in the interest of full-disclosure, I have a vested interest in you wanting to get your affairs in order. But that's not my goal here. Rather, I want to talk to you about the experiences I see my clients facing every day (in general terms of course - attorney-client privilege is extremely important to me!), the tough decisions they have to make, and the intended and unintended results of those decisions.
I supppose I should take a moment to define estate planning for those that don't know what it is. It's pretty straightforward if you break it down by its elements: Your "estate" is a broad description of all the property you own: furniture, collectibles, vehicles (and vessels!), real estate, bank accounts, stocks and bonds, and even intangible and inchoate (yet-to-be-formed) rights and interests that have real value. The "planning" portion is deciding how you want to manage that property while you are alive, and where and how it passes to your heirs and/or other beneficiaries when you die. This may also be referred to as asset protection, generational planning, etc.
The most simple of my estate plans consist of a will and disposition of remains, powers of attorney for health care and financial decisions, and a health care directive, which is also known as a "living will" or "directive to physicians". More complex estate plans include living (a.k.a. inter-vivos) trusts (a trust created during your life), testamentary trusts (a trust created upon your death), pre-nuptial or domestic partnership agreements, and community property agreements. The most complex estate plans will include many or all of these aforementioned planning vehicles, as well as tax-planning trusts (of both the inter-vivos and testamentary nature), and family companies. Of course, you can see a list of the kind of work I typically do on estate plans on my firm's web site at www.spenceranderson.com/estate-planning.htm.
Sorry, I know that's a lot of information, but it is a good basis to help you understand just what it is that I do, and what it is that I am going to talk about here. Yes, of course, I will try to pepper this with some other fun tidbits of information, and I suspect that you will see me venture outside of the estate planning arena just a little when I talk about emerging property rights issues, family law, and small business matters, all of which tie back to my main practice area of estate planning and probate.
So there it is, my introduction. I hope you find this blog occasionally helpful and more occasionally interesting. I invite you to email with questions, thoughts, feedback, etc. Respectful disagreement is absolutely fine, just be nice!
Thanks for reading, and I'll post more soon.
As an estate planning and probate attorney, I've probably spent as much time on family probate matters as I have on anyone else's. I reckon that some would find this morbid or depressing. It is certainly emotional, surveying the life of someone I know well, and whose own life played a role in molding my own. That said, I am thrilled to be able to help my family, and the families of my clients, at this most profound of all moments.
Through this, I've been struck by the loose ends that are left untied, the bad feelings unaddressed, and all the little "i"s undotted and "t"s uncrossed. That's probably why I feel compelled to blog here: I want YOU to know the whys and hows of estate planning.
Yes, I get paid to draft estate plans, so in the interest of full-disclosure, I have a vested interest in you wanting to get your affairs in order. But that's not my goal here. Rather, I want to talk to you about the experiences I see my clients facing every day (in general terms of course - attorney-client privilege is extremely important to me!), the tough decisions they have to make, and the intended and unintended results of those decisions.
I supppose I should take a moment to define estate planning for those that don't know what it is. It's pretty straightforward if you break it down by its elements: Your "estate" is a broad description of all the property you own: furniture, collectibles, vehicles (and vessels!), real estate, bank accounts, stocks and bonds, and even intangible and inchoate (yet-to-be-formed) rights and interests that have real value. The "planning" portion is deciding how you want to manage that property while you are alive, and where and how it passes to your heirs and/or other beneficiaries when you die. This may also be referred to as asset protection, generational planning, etc.
The most simple of my estate plans consist of a will and disposition of remains, powers of attorney for health care and financial decisions, and a health care directive, which is also known as a "living will" or "directive to physicians". More complex estate plans include living (a.k.a. inter-vivos) trusts (a trust created during your life), testamentary trusts (a trust created upon your death), pre-nuptial or domestic partnership agreements, and community property agreements. The most complex estate plans will include many or all of these aforementioned planning vehicles, as well as tax-planning trusts (of both the inter-vivos and testamentary nature), and family companies. Of course, you can see a list of the kind of work I typically do on estate plans on my firm's web site at www.spenceranderson.com/estate-planning.htm.
Sorry, I know that's a lot of information, but it is a good basis to help you understand just what it is that I do, and what it is that I am going to talk about here. Yes, of course, I will try to pepper this with some other fun tidbits of information, and I suspect that you will see me venture outside of the estate planning arena just a little when I talk about emerging property rights issues, family law, and small business matters, all of which tie back to my main practice area of estate planning and probate.
So there it is, my introduction. I hope you find this blog occasionally helpful and more occasionally interesting. I invite you to email with questions, thoughts, feedback, etc. Respectful disagreement is absolutely fine, just be nice!
Thanks for reading, and I'll post more soon.
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