Posts Tagged ‘Trust’

Thanksgiving dinner talk

Thursday, November 24th, 2011

Several of my clients told me that they planned to talk about their estate planning with their families over Thanksgiving. My initial reaction was that I thought it was a bit odd.  After all, Thanksgiving is a time to enjoy family and give thanks for all of our blessings.  It’s not about death and dying!  After more thought, I think that my clients have it right since estate planning is really a loving process for your family.

Because Thanksgiving is about family and taking time to appreciate all that we have, talking about estate planning over the Holiday makes sense.  If you have young children, you need to consider who will serve as guardian.   Assuming that your desired guardians are a part of your family, you can “steal away” a few minutes to confirm that they are willing to serve when you are with them in person.  I have always thought that it was a shame to either name someone for this role without asking or causally asking over the phone or by email.  We make a lot of big decisions rather casually, but naming a guardian to raise your children is too important to make that decision casually.

Even if you don’t have young children, other critical estate planning decisions involving family must be thought out. Who will serve as trustee or executor of your estate?  If you want to name a family member, maybe over a turkey leg you can talk about what it exactly means to be a trustee or executor.  Sounds strange, but how many times do you really get together with your loved ones where you can talk about these things?

Some of your family may have already done their estate planning.  You might be able to take advantage of their hard work and get some good ideas to incorporate into your Will or Trust.  If they have not, then by simply bringing up the topic may spark action on their part to do their own estate planning.  There’s nothing like spreading the love over the Holidays.

Happy Thanksgiving!

Estate Planning for Women

Friday, August 12th, 2011

A few recent articles on Forbes.com on estate planning for women sparked an interesting idea that planning for women is somehow different. Check out this blog post.  I think that the information is great, but is really applies to both women and men!

My wife is a CPA – she knows more about our finances than I do!  She is a great example of a strong, capable individual. Because I am an estate planning attorney, it is logical that I took the lead on our personal planning, but she was very much involved.  I love getting her thoughts on things we can do for our girls, in large part since her life experiences shape her ideas.  Maybe that has something to do with her being a female.  I don’t know.

When I meet female clients, they most certainly express a sincere interest in having a thoughtful estate plan in place for their family.  I believe that estate planning is a loving process for one’s family, which women, especially mothers, can appreciate.  But let’s face it: men should feel the same way, too.  Many of the topics in estate planning could be viewed as “motherly.”  That is meant to be a very high compliment, and so please do not mistaken that statement for something sexiest.

I know that men are from Mars and women are from Venus…but really?  Both men AND women should care about planning.  Perhaps, we as planners need to recognize that men and women hear and process things differently, but planning is necessary for both sexes.

Protecting your Personal Assets after your Death

Sunday, March 27th, 2011

Over the last few weeks, I met with some new clients who had a similar concern:  how can they protect their personal assets after they are gone?  In one case, my client was concerned that his son would enter his house after his death to steal personal effects like jewelry and guns.  In another, a second client was concerned that unrelated third parties would learn of her death and find an opportune time to steal her art collection.

So, how can you address these concerns?

First, advise the person named as your personal representative or executor under your Florida Will, or the trustee under your Florida Living Trust that you are concerned about your personal assets being taken.  You can then instruct them to immediately after your death to change the locks on your doors and reset the codes on your security system.

It may sound odd to suggest these things; after all, they may be mourning your death.  However, waiting, even for a few days, could allow enough time for someone to use a spare key that they were given years ago to help themselves to your stuff.

Second, some of my clients even go so far as to request that no obituary be published when they die.  In fact, both of my grandparents insisted on this, one of whom was a 60 year estate planning attorney.  I know that they were not concerned about family theft.  Rather, it was the burglar that they wanted to avoid.

It is very easy to figure out where someone lives by searching a few websites. Having that information tells would-be crooks when to raid your house, knowing that your loved ones are at your funeral.