Will Christoferson 4/28/25 Will Christoferson 4/28/25

The Death Tax Repeal Act of 2025: What It Could Mean for You and Your Loved Ones

Have you ever worked your entire life to build something valuable, only to worry about a significant portion being taken away after your death, and before it gets to the people you love? Read more…

Have you ever worked your entire life to build something valuable, only to worry about a significant portion being taken away after your death, and before it gets to the people you love? That's the reality many American families face when thinking about the estate tax – sometimes called the "death tax." There's a legislative proposal gaining momentum that could change everything about how wealth transfers between generations. But what would these changes really mean for you and your loved ones?

Let’s explore the potential impact on you and those you love.

The Estate Tax: A Century-Old Tradition at a Crossroads

Estate taxes have been woven into the fabric of American taxation for over a century, yet they remain one of the most contentious elements of our tax system. The current estate tax applies to estates valued above a certain threshold, meaning that when someone passes away, the government may take a percentage of their assets before they reach the next generation.

Think of it this way: imagine spending decades cultivating a beautiful garden, only to have someone come in at the end and claim rights to some of your most prized plants before your children can enjoy them. That's how many families perceive the estate tax – as an additional burden during an already difficult time.

The Death Tax Repeal Act of 2025 (“DTRA”) aims to eliminate this tax entirely, which supporters argue would remove what they see as unfair double taxation. After all, these assets were typically built with income that was already taxed once during the owner's lifetime. Why, they ask, should it be taxed again simply because of death?

The potential repeal brings both opportunities and challenges that deserve careful consideration. Let's explore what this could mean from different perspectives.

Weighing the Benefits and Drawbacks for American Families

Other than one year in 2010 when the estate tax rate was zero, the federal estate tax has been as low as 10% in the first year it was introduced (1916) and as high as 77% (1941-1976). The current federal estate tax rate is 40% on assets over $13.61 million. In 2026, unless Congress acts, the exemption will drop back to around $6–7 million per person, roughly half the current amount, adjusted for inflation, and the estate tax rate on assets passed on at death above that amount will be 40%.

For people with highly appreciated or hard-to-liquidate assets (such as business owners or land owners), the repeal could represent breathing room. The estate tax can create an impossible situation: either sell portions of the business or land to pay the tax or take on massive debt to the IRS. Either way, the family legacy suffers.

Critics of the repeal point to important considerations on the other side. The estate tax generates revenue that helps fund essential government services like education, infrastructure, and social programs that benefit all Americans. If this revenue stream disappears, that funding will need to come from somewhere else – potentially from taxes that affect more middle and working-class families.

Additionally, some economists worry about the long-term effects on wealth concentration. Without an estate tax, extremely wealthy families could potentially accumulate and transfer wealth across generations with fewer limitations, possibly widening existing economic divides.

As you think about your own situation, consider this: What matters most for your loved ones’ future? Is it maximizing the assets you can pass down, or ensuring broader economic opportunities for all? There's no perfect answer, and reasonable people can disagree on the right approach.

How the Repeal Could Change Your Estate Planning Strategy

If the DTRA passes, it would dramatically change how many Americans approach their estate planning. Let's explore what this might mean for your personal strategy:

Simplified Planning for Larger Estates: For those with estates valued above the current exemption threshold, planning could become significantly simpler. Many complex strategies designed specifically to minimize estate tax exposure – like certain types of trusts, family limited partnerships, or life insurance arrangements – might become unnecessary.

Focus Shift to Income Tax Planning: Without estate taxes to worry about, the focus would likely shift to income tax planning for heirs. This means potentially more attention to basis step-up rules, timing of asset transfers, and other strategies to minimize capital gains taxes when assets are eventually sold.

More Flexibility in Charitable Giving: Many wealthy individuals currently incorporate charitable giving into their estate plans partly for tax benefits. Without estate tax incentives, charitable giving patterns might change, allowing decisions based purely on philanthropic goals rather than tax advantages.

What does this mean for you? If your estate might exceed the current exemption threshold (approximately $13.99 million for individuals or $27.98 million for married couples for 2025), now is the time to connect with me to discuss potential scenarios. Even if your estate falls below these thresholds, changing tax laws can have ripple effects on overall estate planning best practices.

Preparing for an Uncertain Future with a Life & Legacy Plan

While the DTRA represents a significant potential change, it's important to remember that tax legislation is notoriously difficult to predict. Bills can change dramatically during the legislative process, and what passes may look very different from what was initially proposed.

Given this uncertainty, how should you approach your estate planning? Here are some practical steps to consider:

Review your current estate plan with me so we can discuss how potential tax changes might affect your specific situation.
Explore "what if" scenarios. When you work with me, we'll examine the "what if " scenarios to ensure your plan remains flexible enough to adapt to various legislative outcomes.
Consider your true legacy goals beyond tax minimization. What values, assets, and lessons do you most want to pass on to future generations?
Communicate openly with loved ones who might be affected by these potential changes.

While traditional estate planning often focuses narrowly on documents and tax avoidance, my proprietary Life & Legacy Planning Process takes a more comprehensive and adaptable approach. Unlike conventional estate plans that sit in a drawer gathering dust, Life & Legacy Planning includes regular reviews to ensure your plan evolves as tax laws, your assets, and your family dynamics change. I won't just help you create documents; I'll be your trusted advisor throughout your lifetime, proactively reaching out for updates and providing education so you fully understand what will happen to your loved ones and assets if you become incapacitated and when you die. With Life & Legacy Planning, you'll have peace of mind knowing your plan will actually work when your family needs it most, regardless of how tax laws might change in the future.

How I Can Help You Move Forward with Confidence

As a Personal Family Lawyer, I understand how tax legislation like the DTRA can impact your loved ones’ financial future. Whether this act passes or not, having a comprehensive Life & Legacy Plan ensures your wishes are honored, your loved ones are protected, and your plan works the way you want, regardless of changing tax laws.

Don't leave your loved ones’ future to chance or uncertainty. That's why when you work with me, we’ll start with a Life & Legacy PlanningⓇ Session, during which you will get more financially organized than you've ever been before and make all the best choices for the people you love. Then, together, we’ll create a plan for you that prepares your loved ones for whatever lies ahead.

Click here to schedule a complimentary 15-minute consultation to learn more:

Schedule a Consultation by Clicking Here

This article is a service of BC Counselors at Law, PLLC. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session™.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

Will Christoferson 4/21/25 Will Christoferson 4/21/25

10 Guardian Mistakes That Could Put Your Kids at Risk (And How to Do It Right)

Imagine this: something unexpected happens, and you're suddenly unable to care for your children. It's a parent's worst nightmare. In this situation, you'd want to know that your kids will be loved, cared for, and raised according to the values you hold dear. But have you taken the right legal steps to ensure that happens? Read more…

Many parents mistakenly believe that simply naming guardians in their will is enough to protect their children. Unfortunately, this isn't always the case. There are common mistakes that can lead to legal battles, family conflicts, and even put your kids' well-being at risk. What if something happened to you tomorrow? Would your children end up in the care of strangers, even temporarily, because you didn’t have a plan in place for their immediate care?

Don't let that happen. By working with a Personal Family Lawyer® firm, you can avoid these pitfalls and create a rock-solid guardianship plan that provides true peace of mind – knowing that, no matter what, your children will always be raised by the people you love most.

The 10 Common Mistakes Parents Make When Choosing Guardians

1) Thinking a Will is Enough

A will is essential, but it only kicks in *after* you're gone. It doesn't cover situations like sudden illness or incapacity. You need separate guardianship documents specifically designed to address these "what if" scenarios *while you're still living*.

2) Planning Only for the Long-Term

If something were to happen to you today, who would take care of your kids *right now*? Don't just plan for the long haul – you also need to designate short-term guardians to prevent your children from being placed with strangers, even temporarily, while the authorities sort things out.

3) Not Naming a Guardian at All

This might seem unthinkable, but it happens. If you don't formally name a guardian, you're leaving one of the most important decisions of your life up to the courts. This could mean your children end up with someone you wouldn’t have chosen.

4) Overlooking Backup Guardians

Life is unpredictable. Your first-choice guardians may not always be available or able to step in. Always name multiple backup guardians to ensure there's a safety net if your primary choice is unable to serve.

5) Choosing Guardians Based on Financial Ability Alone

Money matters, but it shouldn't be the *only* factor when choosing who will raise your children. Your children's well-being depends on being raised in a loving, supportive environment aligned with your values. Consider factors like location, lifestyle, parenting philosophies, and the overall compatibility of your chosen guardians with your family.

And remember, you can always choose a separate financial guardian, or appoint a Trustee of a Trust, to specifically manage any money you leave behind for your children – this can be a separate role from their daily care.

6) Assuming Godparents are Legal Guardians

Many people use the terms "godparent" and "legal guardian" interchangeably, but they aren’t the same. Verbal agreements or informal designations hold no legal weight. To make your wishes legally binding, you need formal guardianship documents prepared by an experienced professional.

7) Not Thinking Beyond Guardianship

Guardianship isn't just about who will raise your kids – it's also about who will make important financial and healthcare decisions on their behalf. You'll need powers of attorney and other legal tools to ensure these matters are handled according to your wishes.

8) Failing to Communicate Your Wishes

Don't leave anything to chance. Clearly document your values, your parenting preferences, and any specific instructions you want your guardians to follow. This guidance will provide invaluable support as they navigate the challenges of raising your children.

9) Not Reviewing and Updating Your Plan

Life is constantly evolving. Your family dynamics change, your children grow, and laws are updated. It's vital to review and update your guardianship plan regularly to ensure it still reflects your current circumstances and wishes.

10) Naming a Couple Without a Contingency Plan

Relationships evolve. Sadly, even the most solid couples can face unexpected challenges like divorce or separation. It’s vital to think about what would happen to your children if your chosen guardians were to split up. Would one person become the sole guardian? Would they share custody? Outlining these details now can prevent future conflict and heartache.

There’s a Better Way: Create a Kids Protection Plan

A Kids Protection Plan® provides comprehensive protection for your children, so you never make one of the ten mistakes and put your children at risk of being raised by someone you’d never want to raise them (or worse, ending up in the foster care system). Unlike a traditional estate plan that simply names guardians, a Kids Protection Plan creates a complete safety net that addresses both immediate and long-term care needs.

Every Kids Protection Plan I create with clients includes legal documents that ensure your children won’t be placed in the care of strangers or the foster care system, even temporarily. It provides detailed instructions for emergency responders and caregivers, identifies temporary guardians who can step in immediately, and includes medical powers of attorney so your children receive proper healthcare in your absence. Perhaps most importantly, it creates a roadmap of your values, hopes, and dreams for your children's upbringing. With a Kids Protection Plan, you're not just naming someone to take your place - you're providing them with the guidance and legal authority they need to raise your children exactly as you would want.

Ready to Protect Your Kids?

Your children are your most precious asset. Don't leave their future to chance or riddled with loopholes. With a Kids Protection Plan created by my Personal Family Lawyer® firm, you can rest assured knowing that your children will always be in the most capable and loving hands, no matter what life throws your way.

Ready to take control and build that plan? Schedule a free 15-minute call with me today. I'll answer your questions, address your concerns, and help you take the first step toward securing your children's future.

Click here to book your call and get started:

Schedule a Consultation by Clicking Here

Will Christoferson 4/14/25 Will Christoferson 4/14/25

The $700 Million Mistake: Why an Asset Inventory Is an Essential Part of Your Estate Plan

Imagine accidentally throwing away $700 million. While it sounds like the plot of a movie, this nightmare scenario has become a reality for James Howells, a computer engineer from Wales, who has now spent more than a decade fighting to recover a discarded hard drive containing the private key to his Bitcoin fortune. Read more…

Here’s what happened. In 2013, Howells mistakenly discarded a hard drive during an office cleanup. What he didn't realize until too late was that this particular drive contained the only copy of his private key to access 8,000 Bitcoin (BTC) he had mined years earlier. When he realized his error months later, the cryptocurrency had already skyrocketed in value. Today, those 8,000 BTC would be worth approximately $700 million, and as much as $848,000 at the BTC all-time high thus far. It’s very likely that Howells’ lost BTC will be worth over $1 billion at some point.

For over a decade, Howells has tried everything to recover his lost fortune – begging local officials for permission to search the landfill, offering to share the recovered BTC with the city, taking his case to court, and even proposing to buy the entire landfill. Despite these efforts, the Newport City Council has consistently refused his requests, and British courts have ruled against him, stating there is "no realistic prospect of success." As this article is being published, Howell has said he will file a case with the European Convention on Human Rights.

This cautionary tale highlights a crucial lesson for everyone who owns digital currency, and even those who do not: If you don’t know what you own, where it is, and how to find it, your assets could be lost when you die. And, especially if you have digital assets, losing what you have can be a catastrophic, unrecoverable loss. Digital assets are especially vulnerable to loss, if they aren’t inventoried and included with your estate plan.

The Modern Challenge of Asset Tracking

While most of us won't lose hundreds of millions in cryptocurrency, many people face similar challenges on a smaller scale. Our assets (only part of which are financial) are increasingly scattered and less tangible in today's digital world.

For instance, you may have:

Cryptocurrency in various digital wallets
Digital photos and personal archives stored across multiple cloud services
Online financial accounts with different institutions
Insurance policies that are accessed through your employer’s online benefits platform
Frequent flyer miles and reward points worth thousands of dollars

How are you keeping track of these assets? Are you sure you know exactly what you have and where it is? Howells wasn’t.

Now think about this: If Howells could lose an extremely valuable asset while he’s alive, how will your loved ones know where your assets are after you’re gone? Or, how will they even know what you have? If you don’t know the answer, the ramifications can be considerable.

The Real Consequences of Poor Asset Tracking

Across the U.S., approximately $60 billion in known assets have been lost or forgotten about. Bank accounts, insurance policies, retirement funds, and other financial assets regularly become "lost" when people move, change contact information, or simply forget about accounts. And that doesn’t even count the billions or, one day, trillions of lost digital assets that aren’t yet being tracked as lost.

If you don’t have an up-to-date inventory of all your assets, here’s what’s likely to happen:

Assets may be permanently lost or forgotten
Your loved ones may never even know these resources existed
Court processes like probate become longer and more expensive
Family conflict can arise when assets are discovered later
Digital assets may become inaccessible without proper password management
Sentimental items might be discarded or lost during transitions

While it’s possible some of your assets could end up in a landfill like Howells’ BTC hard drive, what’s more likely to happen is they get turned over to the government. Each state has a Department of Unclaimed Property for this purpose. And for you or your loved ones to recover the lost asset, you have to go through a process that is time-consuming, tedious - and may even result in failure.

As a Personal Family Lawyer®, I've seen families devastated not just by the financial impact of lost assets but by the emotional toll when meaningful items disappear or become inaccessible after a loved one's passing. This happens if a person has no estate plan, an outdated estate plan, or a plan that’s just a set of legal documents. There is a better way.

The Life & Legacy Planning Solution

The traditional way to do estate planning, the way most people know because they haven’t been educated, is to draft a will, financial power of attorney, health care power of attorney, and maybe a trust. Then, you “set it and forget it,” storing your documents in a drawer and never looking at them again. When “planning” is done this way, it often results in court, conflict, lost assets, and even irreparably broken relationships among those you love most.

But my proprietary Life & Legacy Planning process is completely different. I go beyond mere document drafting and create not only legal documents, but all the other facets that need to be in place for your plan to work, including a comprehensive asset inventory as a foundational element. Here are just a few highlights of the Life & Legacy Planning process:

Personal Resource Map

Right from the get-go, I help you create a detailed inventory of everything you own – from real estate and bank accounts to digital assets and family heirlooms. This comprehensive map ensures nothing is overlooked or forgotten. I believe this is so important that I’ll support you to do this whether you decide to work with me or not.

Regular Reviews and Updates

Life changes, and so do your assets. My process includes regular reviews to ensure your inventory stays current as you acquire new assets or sell existing ones.

Secure Documentation

I provide secure systems for documenting access information for your digital assets, ensuring your designated representatives can access what they need when the time comes.

Clear Communication Plan

I guide you in communicating with loved ones about what you have and where it's located, without compromising security during your lifetime. I’ll also be there for your loved ones after you’re gone, so they know what to do.

Peace of Mind in a Complex World

James Howells' story is extreme but serves as a powerful reminder that in today's complex world, knowing what you have and ensuring it's properly documented is more important than ever.

As your trusted Personal Family Lawyer® attorney, I don't just draft documents; I assist you in making informed and empowered decisions about life and death for yourself and the people you love. That's why I offer a Life & Legacy Planning® Session, during which you will get more financially organized than you've ever been before and make all the best choices for the people you love.

Click here to schedule a complimentary 15-minute consultation to learn more and get started today:

Schedule a Consultation by Clicking Here

Will Christoferson 4/7/25 Will Christoferson 4/7/25

Gene Hackman's Estate: A Wake-Up Call

The recent passing of legendary actor Gene Hackman has revealed a complicated estate situation. Read more…

The recent passing of legendary actor Gene Hackman has revealed a complicated estate situation that serves as a powerful warning for everyone - married couples especially - regardless of your net worth.

Whether you have significant assets or just want to ensure your wishes are honored during your lifetime and you don’t leave a mess of open loops, creditors, and pain for your loved ones, getting your estate plan done right so it doesn’t fail when the people you love need it is the answer. Unfortunately, many estate plans, even plans prepared by top lawyers and law firms, are ticking time bombs that will blow up when it’s too late. However, the right estate planning process, which I call Life & Legacy Planning, can save your loved ones from the cost of failed planning. In this article, we will look at the lessons from the Hackman family estate plan, and I’ll explore the importance of having a well-structured Life & Legacy plan, the risks of outdated documents, and key strategies to prevent inheritance disputes.

Let's first explore what’s happened.

What Happened

Gene Hackman, the two-time Academy Award winner known for films like The French Connection and Unforgiven, and his wife Betsy Arakawa were recently found deceased in their Santa Fe, New Mexico home. Court documents reportedly reveal that Arakawa, 65, died on February 11 from Hantavirus pulmonary syndrome, a rare disease contracted through contact with mouse droppings. Hackman, who was 95, died a week later from natural causes related to heart disease and complications from Alzheimer's disease.

The couple's wills, both dated from 2005, show they each intended to leave their estates to one another. Hackman's will named Arakawa as the personal representative of his estate and the recipient of his "entire estate" as successor trustee of the Gene Hackman Living Trust. Similarly, Arakawa's will specified that her estate would go to the trustee of Hackman's trust if he outlived her.

Unlike many couples, who leave their assets to each other and don’t have a plan for what happens if they die together or close together, the Hackmans had contingency plans in place. Since both Hackman and Arakawa are deceased, Julia L. Peters, who was named as the second successor personal representative in Hackman's will, has taken over the duties of managing both estates. The first successor named in the wills, attorney Michael G. Sutin, is also deceased.

Court documents show that Peters, who works for a trust company, was appointed as the personal representative for both estates in March 2025. Peters filed appropriate paperwork to admit Hackman's will to probate and begin the administration process.

The Simultaneous Death Problem Most Couples Ignore

Most married couples do exactly what Hackman and Arakawa did—they name each other as the primary beneficiary on everything: wills, trusts, life insurance policies, retirement accounts, and more. But what happens if you and your spouse die together or a short time apart? Chaos, delays, and assets potentially going to unintended beneficiaries can result. Not to mention, your loved ones will almost certainly have to go to court, which is set up for conflict and can be very expensive. The best practice is to name backups, or contingent, beneficiaries so that your plan works.

Arakawa seemed to have considered this possibility in her own estate planning. Reports indicate her will contained a provision that if she and Hackman died within 90 days of each other, her assets would go to a charitable trust, as she had no children of her own.

Blended Family Considerations

If you have a blended family, things can get complicated. With Arakawa and Hackman dying within days of each other, it may be difficult to sort out who the beneficiaries are. His plan says she receives his assets, and her plan says he receives her assets. This creates a loop that needs to be sorted out. If Arakawa’s assets go to a charitable trust instead of to Hackman’s estate, Hackman’s kids may receive nothing from her estate.

Hackman's will acknowledges his three adult children from his previous marriage to Faye Maltese: Christopher Hackman, Elizabeth Hackman, and Leslie Allen. Court records show that notices regarding Peters's appointment as personal representative were sent to all three children in March 2025.

While the publicly available documents don't reveal how Hackman's assets will ultimately be distributed among beneficiaries, Peters noted in court filings that after specific bequests to "identified beneficiaries," the remainder of Hackman's trust will be "distributed in accordance with the desires of Gene Hackman as expressed in the trust document." The trust documents themselves have not been made public, which is one of many reasons you likely want a trust to govern the distribution of your assets at the time of your death..

The Life & Legacy Planning Difference

The Hackman case demonstrates several important estate planning principles that anyone, regardless of net worth, can learn from. As a Personal Family Lawyer® firm, I create plans for clients using the Life & Legacy Planning® process, which means your plan works when you and your loved ones need it to. All my Life & Legacy plans are comprehensive and customized to fit your particular family dynamics, your assets, and your wishes.

When you work with me, these are just a few of the strategies we can use that may make sense for you:

1. Name Contingent Beneficiaries for Everything

For every asset and in every document, we’ll name not just primary beneficiaries but also contingent beneficiaries. This includes your will, trust, life insurance, retirement accounts, transfer-on-death accounts, and any other assets with beneficiary designations. When you work with me, we start by inventorying all your assets so nothing gets missed, and all accounts that need beneficiaries are handled properly.

2. Include Simultaneous Death Provisions

If you’re married, we’ll include provisions in your will and trust that specifically address what happens if you and your spouse die simultaneously or within a short time of each other. The standard "120-hour rule" in many state laws may not be sufficient for your needs. We’ll also address what happens if any beneficiary you’ve named dies before you.

3. Create a Revocable Living Trust

A properly structured revocable living trust can provide more precise instructions for various scenarios and is often more flexible than wills are. Trusts also offer privacy, can save money on taxes, and can bypass the probate process, keeping your loved ones out of conflict and saving them time and money.

4. Include Special Provisions for Blended Families

If yours is a blended family, we will include customized strategies so your children are never accidentally disinherited.

5. Review and Update Regularly

Hackman's will was reportedly last updated nearly 20 years before his death—a dangerously long period that would put anyone’s estate plan at risk.

If you want to ensure your plan works, it must reflect your life as closely as possible when something happens to you, whether death or incapacity. Thus, it’s imperative that your plan is reviewed at least every 3 years and after any major life event such as the death of a beneficiary, marriage, divorce, or birth. Even if you haven’t had a significant life change, your assets may change - you inherit a significant sum, or instance - or the law could change. Any of these scenarios could put your plan at risk of failing.

Most attorneys will not review your plan with you regularly, and so you have to remember to update your plan on your own. Not only that, you may not even be aware that your plan needs updating! My Life & Legacy Planning process, on the other hand, includes reviews at least every 3 years. It’s built into my system for every client. This means that I take the burden off you so you don’t have to remember to review and update your plan. We can catch vulnerabilities in your plan before they become problems for your loved ones.

Your Next Step

As the Hackman case illustrates, effective estate planning isn't just about creating documents—it's about creating a comprehensive plan that anticipates any scenario, stays updated over time, and protects all the people you care about.

As your Personal Family Lawyer®, I support you to create a Life & Legacy Plan that works when you need it to work. That’s why I start with a Life & Legacy Planning Session, where we'll discuss not just who gets what but what happens in complex situations like simultaneous deaths, incapacity, or beneficiaries who predecease you. We’ll also discuss what will work for your unique family situation, whether you're part of a blended family, have children with special needs, or face other circumstances that require specialized planning.

Don't leave your legacy to chance or create accidental disinheritances through incomplete planning. Together, we can create a plan that truly protects you and everyone you love most.

To get started, all you need to do is click here to schedule a complimentary 15-minute consult call:

Schedule a Consultation by Clicking Here

Will Christoferson 3/31/25 Will Christoferson 3/31/25

Why Reviewing Your Trust Regularly Isn't Optional—It's Essential

Your estate plan is a living set of documents and tools that need regular attention to ensure they work when your loved ones need them and that they don’t fail at the worst possible moment. Read more…

You've taken the important step of creating an estate plan, and it includes a trust—congratulations! This shows you care deeply about keeping your family out of court and conflict, ensuring your wishes are known and honored, and you do not want to leave behind a mess for the people you love. Great work. But here's something you may not realize: an estate plan, a will, or a trust isn't a "set it and forget it" type of thing. Your estate plan is a living set of documents and tools that need regular attention to ensure they work when your loved ones need them and that they don’t fail at the worst possible moment.

Think about it this way: Would you still wear the same clothes you bought ten years ago without checking if they still fit? Probably not. Similarly, your estate plan, including your trust, needs to be reviewed regularly to ensure it still "fits" your current life situation, assets, the law, and your wishes. Let's explore why regular estate plan reviews are so crucial and how often you should be checking in on your plan.

Life Changes, and Your Trust Should Too

Life rarely stays the same for long. Since you created your trust, you've likely experienced changes in your personal and financial life. Each of these changes can impact how effective your trust will be in protecting your assets and providing for your loved ones.

Consider major life events like marriage, divorce, or the birth of children or grandchildren. These milestones fundamentally alter your family structure and potentially your wishes regarding who should benefit from your estate. For example, if you've recently welcomed a new grandchild, you might want to include them as a beneficiary. Or if you've gone through a divorce, you'll likely want to remove your ex-spouse from your trust.

Your financial situation evolves as well. Perhaps you've purchased new property, started a business, or received an inheritance. These assets need to be properly incorporated into your trust. Otherwise, they may end up going through probate, defeating one of the primary purposes of having a trust in the first place.

Even changes in your relationships can necessitate updates to your trust. The person you appointed as successor trustee five years ago might no longer be the best choice. Without regular reviews, your trust may not accomplish what you intend, potentially leading to conflict among your loved ones or assets being distributed in ways you never would have wanted.

Laws Change, Even When Your Wishes Don't

Even if your personal situation has remained relatively stable, the legal and tax landscape constantly evolves. These changes can significantly impact how your trust operates and its effectiveness in protecting your assets.

Tax laws, in particular, frequently change with new administrations and shifting political priorities. For instance, the Tax Cuts and Jobs Act of 2017 doubled the federal estate tax exemption, dramatically changing estate planning considerations for many families. If your trust was created before this change, it might contain provisions that are no longer necessary or beneficial under current law.

State laws governing trusts and estates also change regularly. These modifications can affect everything from how your trust is administered to the rights of beneficiaries. Without regular reviews, your trust might not take advantage of beneficial new laws or might run afoul of new requirements.

By reviewing your trust periodically, you can ensure it remains compliant with current laws and takes advantage of any new beneficial provisions. This proactive approach helps protect your assets and your loved ones from unexpected legal complications.

How Often Should You Review Your Trust?

Given the importance of keeping your trust updated, you might be wondering how frequently you should review it. While there's no one-size-fits-all answer, there are some general guidelines that can help you determine the right schedule for your situation.

As a baseline, I recommend reviewing your trust every three to five years, even if you don't think anything significant has changed. This regular schedule helps ensure you don't overlook gradual changes that might have occurred in your life, your assets, or the law.

However, certain life events should trigger an immediate review, regardless of when you last updated your trust:

Marriage, divorce, or the death of a spouse
Birth or adoption of children or grandchildren
Death of a named trustee, guardian, or beneficiary
Significant changes in your financial situation
Moving to a new state, as trust laws vary by state
Major changes in tax or estate planning laws

The Consequences of an Outdated Trust Can Be Severe

Failing to review and update your trust regularly can lead to serious consequences that undermine your initial reasons for creating it. These consequences can range from financial losses to family conflicts that could have been avoided with proper planning.

One of the most significant risks is that assets you've acquired since creating your trust may not be properly funded into it. Trust funding—the process of transferring assets into your trust's ownership—is crucial for avoiding probate. If you've purchased new property, opened new accounts, or acquired valuable assets without transferring them to your trust, these items will likely go through probate despite your efforts to avoid it.

An outdated trust can also lead to unintended beneficiaries receiving your assets. If you haven't updated your trust after major life changes, your assets might go to people you no longer wish to benefit—or might not go to those you do want to include.

Family conflict is another potential consequence of an outdated trust. Unclear or outdated provisions can leave your loved ones arguing over what you really intended. These disputes can damage family relationships and lead to expensive, time-consuming litigation.

Tax consequences can also arise from an outdated trust. Changes in tax laws might mean your trust no longer minimizes estate taxes effectively. Without updates to address these changes, your beneficiaries might face larger tax bills than necessary, reducing their inheritance.

Finally, know that reviewing your trust doesn't always mean you'll need to make changes. Sometimes you'll find that your current trust still perfectly reflects your wishes and circumstances. Even then, the review process is valuable for refreshing your understanding of your plan and giving you peace of mind.

Don't Leave Your Family's Future to Chance

Your trust is more than just a legal document—it's a reflection of your care for your loved ones and your desire to provide for them even when you're no longer here. By reviewing your trust regularly, you demonstrate that same care and foresight. You also save your loved ones from potential confusion, conflict, and costly legal proceedings during an already difficult time.

As your Personal Family Lawyer® Firm, I'm here to support you in this ongoing process. I understand that reviewing legal documents isn't high on anyone's list of favorite activities, but I work to make the process as simple and painless as possible, and build it into my own service ongoing, once we are working together. Don't leave your family's future to chance. Schedule a plan review with me today and ensure the plan you've created will work exactly as you intend when your loved ones need it most.

Book a call here to learn how to get started:

Schedule a Consultation by Clicking Here

Will Christoferson 3/24/25 Will Christoferson 3/24/25

Beyond the FDIC Safety Net: Protecting Your Cash When Your Savings Exceed Insurance Limits

You've spent decades carefully saving money, building a comfortable nest egg that represents years of hard work and discipline. Read more…

Imagine this: You've spent decades carefully saving money, building a comfortable nest egg that represents years of hard work and discipline. One morning, you're sipping coffee and browsing the news when headlines about a bank failure catch your eye. Your stomach drops as you realize a significant portion of your savings could be at risk because you’ve got an account in cash that exceeds the FDIC insurance limits.

This scenario isn't just a theoretical worry—it's a very real concern, as we have seen banks fail. The Federal Deposit Insurance Corporation (FDIC) serves as our financial safety net, offering protection of up to $250,000 per depositor, per insured bank, for each account ownership category. But what happens when your cash savings exceeds beyond that safety net? How do you ensure your entire financial legacy remains protected?

Understanding FDIC Insurance: Your Financial Safety Net
The FDIC was born from the ashes of the Great Depression, when thousands of banks failed and countless Americans lost their life savings. Today, it stands as one of the cornerstones of our banking system's stability. Think of FDIC insurance as a financial life preserver—it's not something you think about until you really need it, but you'll be immensely grateful it's there when the waters get rough.

Here's what to know: FDIC insurance isn't just a simple blanket coverage of $250,000 per person. It's actually more nuanced and potentially more generous than many realize. The coverage extends to $250,000 per depositor, per FDIC-insured bank, for each account ownership category. These categories include single accounts, joint accounts, certain retirement accounts, and trust accounts.

Let me break this down with a practical example. Imagine Maria has the following accounts at First National Bank:

A personal checking account with $100,000
A joint savings account with her husband containing $300,000
An Individual Retirement Account (IRA) with $200,000

Is Maria fully protected? Let's see: Her personal account falls under the single ownership category ($100,000, fully covered). The joint account with her husband receives up to $250,000 of coverage for each owner (Maria's $150,000 share is fully covered). Her IRA falls under the retirement account category (her $200,000 is fully covered). In total, Maria has $450,000 protected by FDIC insurance at this one bank.

Does this coverage arrangement make you think differently about how your own accounts are structured? Have you considered how your current banking setup aligns with these protection categories?

When Your Savings Exceed FDIC Limits: Strategic Approaches
Many of us dream of having "too much money" for FDIC insurance to fully cover—it's a good problem to have! But it's still a problem that needs solving. When your financial reserves take you beyond the FDIC safety net, it's time to get strategic about protecting those hard-earned dollars.

Think of managing large deposits like a farmer who doesn't plant all their crops in a single field. If a storm hits one area, the entire harvest isn't lost. Similarly, spreading your financial assets across multiple institutions creates resilience in your financial portfolio. Here are several approaches to consider:

Multiple Bank Strategy: Dividing Your Financial Pie
The most straightforward approach is to spread your funds across multiple FDIC-insured banks. Each bank will provide separate insurance coverage, effectively multiplying your protection. For example, if you have $750,000 in savings, you could place $250,000 in each of three different banks, ensuring complete FDIC coverage.

This strategy is a bit like not putting all your eggs in one basket—a time-tested approach to risk management that remains relevant in our digital banking age. The downside? Managing multiple accounts across different institutions requires more time and attention. You'll need to track various account numbers, passwords, and potentially deal with different banking platforms. On top of that, if you have a revocable living trust, you want to ensure each account is tilted in the name of your trust, and not in your individual name.

Utilizing Different Ownership Categories: Maximizing Protection at One Bank
Another approach involves strategically using different ownership categories within the same bank. A married couple, for instance, could have individual accounts ($250,000 coverage each), plus a joint account (another $500,000 in coverage, $250,000 for each person). Here’s what that could look like:

Husband's individual account: $250,000
Wife's individual account: $250,000
Their joint account: $500,000
Husband's IRA: $250,000
Wife's IRA: $250,000

That's a total of $1.5 million protected at a single institution! This approach offers convenience but requires careful planning and clear documentation of ownership. If you have a revocable living trust, it’s critical for me to review your options with you here to ensure your accounts are properly titled both for FDIC coverage, and for your trust/estate planning purposes.

Certificate of Deposit (CD) Laddering: Timing Your Protection
CD laddering involves purchasing certificates of deposit with varying maturity dates. This not only provides a steady stream of maturing funds but can also be structured across multiple banks to maximize FDIC coverage.

Imagine building a ladder where each rung represents a CD at a different bank. As each CD matures, you can decide whether to reinvest at the same bank or move funds elsewhere based on current interest rates and your coverage needs.

This approach is like planting different crops that harvest at different times of the year—you're always collecting something, and no single weather event can wipe out your entire yield. If you go this route, again I want to make sure your CDs are properly titled in the name of your living trust.

Considering Credit Unions: An Alternative Safety Net
Credit unions offer an alternative to traditional banks with similar protection through the National Credit Union Administration (NCUA). The NCUA's share insurance fund protects deposits up to $250,000, similar to FDIC coverage.

For some, credit unions offer a more personal banking experience along with competitive rates and lower fees. They can be an excellent component of your deposit-spreading strategy.

As you consider these options, ask yourself: How is my current banking arrangement structured? Could I be vulnerable to losing uninsured deposits if my primary bank were to fail? How much complexity am I willing to manage to ensure maximum protection?

Looking Beyond Traditional Banking: Additional Options
Sometimes, thinking outside the traditional banking box can provide both security and opportunity. Cash management accounts offered by brokerage firms often spread your deposits across multiple banks automatically, maximizing FDIC coverage without you having to manage multiple accounts directly.

For larger sums, Treasury securities offer the backing of the full faith and credit of the US government, and can be an effective protection, so long as you believe the US won’t default on its loans. If you are concerned about the US debt crisis and whether the US will default on its loans, Treasury securities would not be a good option for you.

Remember that protection is only one consideration. You'll also want to think about accessibility, convenience, and how your deposits fit into your broader financial and estate planning goals. After all, what good is protection if it makes your financial life unwieldy or prevents you from using your money effectively?

Bringing It All Together: Creating Your Protection Plan
Protecting your financial legacy isn't just about security today—it's about ensuring that the fruits of your labor continue to benefit you and potentially your loved ones well into the future. Just as you wouldn't build a house without a solid foundation, you shouldn't build wealth without ensuring it stands on secure ground.

Taking stock of your current deposit situation is the first step. Make a list of all your deposit accounts, their balances, and ownership structures. Then, assess how much of your money currently falls outside FDIC protection. This clarity will help you determine how urgently you need to restructure your accounts.

Next, consider which of the strategies we've discussed best fits your personal situation. Do you value simplicity and would prefer the multiple-bank approach? Or perhaps you'd like to keep your banking relationships consolidated and maximize coverage through different ownership categories?

Implementing your chosen strategy doesn't have to happen overnight. You can make changes gradually, perhaps as CDs mature or as you receive new funds to deposit.

Securing Your Financial Legacy for the Future
As your Personal Family Lawyer®, I don't just draft documents; I help you ensure you make informed and empowered decisions about life and death for yourself and the people you love. Understanding and addressing FDIC insurance limits is a crucial part of protecting your financial legacy.

That’s why we start with a Life & Legacy Planning® Session, where together we'll explore how your assets fit into your broader financial picture and help you get more financially organized than you've ever been before. Then, I’ll support you to create a Life & Legacy Plan that ensures your hard-earned assets are positioned to support your loved ones well into the future.

Click here to schedule a complimentary 15-minute consultation to learn more and get started today:

Schedule a Consultation by Clicking Here

Will Christoferson 3/17/25 Will Christoferson 3/17/25

Til Death Do Us Part? Why Unmarried Couples Must Have An Estate Plan That Works For the People They Love

Love in the 21st century takes many forms, and for a growing number of couples, "forever" doesn't always include a marriage license. Read more…

Love in the 21st century takes many forms, and for a growing number of couples, "forever" doesn't always include a marriage license. While a deeply personal choice, being unmarried adds layers of legal and financial complexity that can't be ignored, especially when it comes to protecting your assets and loved ones.

Imagine this: you've built a life with your partner, maybe even bought a home and had children together. You share bills, dreams, and a future. But without the legal protections of marriage, what happens when one of you passes away? And what happens if one of you becomes incapacitated first?

Some of the questions you should be asking:

Who makes medical decisions for you or your partner? Without marriage or legal protections, it likely won’t be the person you want.

Who inherits what? Again, without marriage or legal documents, it’s not likely going to go the way you want.

How would your children be provided for? It all depends on who the biological parents are, and the line of “blood” relationship, unless you’ve got an estate plan in place to ensure your children are cared for by the people you want, not who the law would choose.

And most importantly, how can you avoid a court process, and potentially conflict, during an already emotional time?

The Legal Reality for Unmarried Couples

Unlike married couples who automatically receive certain legal protections, unmarried couples must take deliberate steps to ensure their wishes are honored. In the eyes of the law, unmarried partners are essentially legal strangers, regardless of how long they've been together or how intertwined their lives may be.

This legal disconnect becomes starkly apparent in moments of crisis. If you're hospitalized, your partner may be denied visitation rights or the ability to make medical decisions on your behalf. If you pass away without proper planning, your partner could be left with nothing – not even the home you've shared for decades.

According to a recent survey by Caring.com, only 24% of Americans have a will. This omission leaves millions of Americans vulnerable to painful legal and financial complications that can compound grief with unnecessary hardship. And it’s completely avoidable.

The Unmarried Couple's Estate Planning Checklist

Here's a closer look at some key areas where unmarried couples need to be especially proactive in their estate planning:

✔ Home Sweet Home, But Whose Name is on the Deed?

Many unmarried couples purchase a home together. But without a will or living trust that clearly outlines ownership and inheritance wishes, the surviving partner might face significant challenges. Here's why:

Intestacy Laws: If you die without a will, your state's intestacy laws dictate who inherits your property. These laws typically favor spouses and blood relatives, meaning your unmarried partner will be left with limited or no rights to the home you shared.

Tax Implications: Inheritance laws for married couples often come with tax benefits that unmarried couples don't receive. The surviving partner could face a hefty estate tax bill, potentially forcing them to sell the home to cover the costs.

Title Matters: How you title your property significantly impacts what happens after death. Joint tenancy with rights of survivorship offers some protection, but this approach doesn't address other estate planning concerns and may have unintended tax consequences.

✔ Providing for Your Children

Having children together adds another layer of complexity for unmarried couples. Here's how a lack of proper estate planning can create significant hardship:

Guardianship Concerns: If one parent passes away, the surviving parent might not automatically have legal guardianship rights (especially if that person isn’t the biological parent, as is often the case with same sex couples). This could lead to legal battles with other family members or even state intervention in extreme cases.

Inheritance Complications: Without a will or trust, your children might not automatically inherit your assets as intended. Again, intestacy laws could mean your assets are divided in ways you wouldn't have chosen, potentially leaving your children with inadequate financial support.

Blended Family Challenges: If either partner has children from previous relationships, the potential for conflict multiplies. Without clear documentation, children from previous relationships may find themselves at odds with the surviving partner, creating painful family rifts during an already difficult time.

✔ Beyond the Home: Protecting All Your Assets & Minimizing Taxes

Unmarried couples often accumulate significant assets together—bank accounts, investments, retirement funds, and more. Without a plan:

Ownership Disputes Can Arise: If it's unclear who owns what, it can lead to legal battles between surviving partners and family members of the deceased.

Unnecessary Tax Burdens: Unmarried couples often miss out on tax advantages available to married couples, potentially leading to a larger tax bill for the surviving partner.

Retirement Account Complications: Retirement accounts like 401(k)s and IRAs require specific beneficiary designations. Without these, your partner may have no claim to these assets, regardless of your intentions.

✔ Healthcare Decisions and End-of-Life Care

Perhaps the most immediate concern for unmarried couples is handling medical emergencies and end-of-life decisions:

Medical Decision-Making: Without healthcare directives, your partner may have no legal right to make medical decisions on your behalf if you become incapacitated.

Hospital Visitation Rights: In some healthcare facilities, only family members are allowed to visit patients in intensive care. Without proper documentation, your partner could be denied access during critical moments.

Funeral and Burial Decisions: Legal next of kin typically make funeral arrangements. Without documentation stating your wishes, your partner may have no say in how your remains are handled, even if you've discussed your preferences extensively.

✔ Digital Assets and Modern Considerations

In our increasingly digital world, estate planning must also address digital assets:

Access to Online Accounts: From social media to cryptocurrency, digital assets must be specifically addressed in your estate plan to ensure your partner can access them.

Business Interests: If you own a business, clear succession planning is essential to prevent disruption and protect your partner's financial interests.

Pets: While many consider pets family members, the law views them as property. Specific provisions must be made to ensure your beloved pets continue to receive proper care.

Don't Leave Your Future to Chance - The Personal Family Lawyer Difference

Estate planning isn't just for the wealthy or the elderly - it's for anyone who wants to protect the people and assets they cherish most. For unmarried couples, creating a legally sound estate plan is not just a good idea - it's essential. But a traditional estate plan, DIY plan, or cheap legal plan isn’t sufficient. Instead, you need a Life & Legacy Plan.

At my Personal Family Lawyer® firm I can help you create a tailored estate plan for your life and legacy. I'll guide you to understand all the complexities and design a personalized plan that makes it all as simple as possible so that when one of you becomes incapacitated or dies, the survivor will have all the support they need without any of the mess. This includes:

Clearly Addressing Ownership of All Assets and Avoiding Probate: I'll work with you to determine the best way to handle the transfer of all jointly and separately owned assets—including your home, bank accounts, investments, retirement accounts, and personal property—in a way that minimizes tax burdens, avoids probate court, and ensures a smooth and seamless transition for your surviving partner. This means your loved ones can focus on healing and honoring your memory, not battling legal complexities.

Establishing Guardianship and Financial Provisions for Children: If you have children together or separately, I will work with you to legally designate guardians, establish trusts if needed, and ensure your children's financial well-being is protected. If you have children from previous relationships, I will take extra care to minimize or eliminate potential conflicts between your children and your surviving partner, ensuring a smoother transition and honoring your wishes.

Planning for Incapacity of Either Partner: I'll put in place powers of attorney and healthcare directives so your partner can seamlessly manage affairs and make medical decisions on your behalf if you become unable to do so yourself.

Your Next Steps for Peace of Mind

Don't wait until it's too late – take proactive steps today to protect the ones you love. Schedule a consultation with me to get started. Together, we can build a plan that provides clarity, security, and peace of mind for you and your family, no matter what the future holds.

Schedule a Consultation by Clicking Here

Will Christoferson 3/10/25 Will Christoferson 3/10/25

Planning a Trip? Protect Your Children with a Kids Protection PlanⓇ

As Spring Break approaches, followed by summer, you're likely focused on planning the perfect getaway with your children - booking flights, reserving hotels, and mapping out exciting activities. But there's one crucial aspect of travel planning that often gets overlooked: ensuring your children's safety and care if something unexpected happens to you during your trip. While no one wants to think about emergencies during vacation, having proper protection in place lets you truly relax and enjoy making memories together.

Let's explore why having a Kids Protection PlanⓇ (“KPP”) in place before traveling is essential and what steps you can take to protect your children. Please note: most lawyers, even at the top estate planning firms, often make at least one of 6 common mistakes that the KPP is designed to address, when naming legal guardians for children in an estate plan.

The Hidden Risks of Traveling Without Protection
When you're caught up in vacation planning excitement, it's easy to focus only on the fun ahead. However, traveling presents unique risks and scenarios you need to consider. If you become incapacitated in a car accident or experience any other emergency while away from home, what would happen to your children in those critical first hours or days? Without proper legal documentation, your children could be temporarily taken into the care of strangers or social services until the proper authorities can determine who has the legal authority to care for them.

This becomes even more complicated when traveling internationally. Different countries have varying laws about child custody and care in emergency situations. Without clear legal documentation designating temporary guardians, your children could face significant trauma while authorities work through bureaucratic processes to determine their care. Even domestic travel can present challenges if you're incapacitated in another state, as local authorities may not immediately recognize out-of-state guardianship arrangements without proper documentation.

Essential Components of Protection While Traveling
A comprehensive KPP, which we create for you as part of the Life & Legacy PlanningⓇ process, provides crucial legal documentation and instructions that activate immediately if something happens to you. This includes designation of temporary guardians who can care for your children until your long-term guardians can arrive.

Take Action Before You Travel
Before heading off on your Spring Break adventure, schedule time with me and we will help you think through all the potential issues that could arise so that you can make the best decisions for you and your kids. We’ll start by carefully selecting both local and long-distance temporary guardians who can respond quickly in an emergency, considering factors like their proximity to your vacation destination, their ability to travel on short notice, and their familiarity with your children's needs.

Then, we’ll support you in creating an emergency response plan that outlines exactly what should happen in various scenarios. This includes who should be contacted first, in what order, and what immediate actions they should take.

Importantly, your plan should be easily accessible to designated guardians and include clear instructions for first responders or authorities who might need to reference it in an emergency. We will help you with this, by making sure you have access to the documents you need, and ensuring your chosen guardians know exactly how to access the information and documents they need. We will also be here to support them in case of an emergency so they know exactly what to do.

Making these arrangements isn't about dwelling on worst-case scenarios – it's about creating peace of mind so you can fully enjoy your vacation. With proper protection in place, you can focus on creating wonderful memories with your children instead of worrying about "what-if" scenarios. Think of it as travel insurance for your children's wellbeing - something you hope you'll never need but will be incredibly grateful to have if an emergency arises.

Your Next Steps for Peace of Mind
As your Personal Family LawyerⓇ Firm, we support you to create a comprehensive Life & Legacy Plan that includes a Kids Protection Plan so your children are always protected, no matter where your travels take you. Take the first step today by booking a Life & Legacy Planning Session, where you’ll get educated on what will happen if you become incapacitated and when you die so you can make the very best decisions for your loved ones. From that place of empowerment, we’ll then work together to create your comprehensive Life & Legacy Plan that gives you peace of mind, knowing you’ve done all you can for the people you love most.

Book a call today to get started:

Schedule a Consultation by Clicking Here

Will Christoferson 2/24/25 Will Christoferson 2/24/25

Estate Planning During Divorce: Lessons from Shannen Doherty's Legacy

The July 2024 passing of beloved Gen X actress Shannen Doherty offers important lessons about estate planning during divorce. Read more…

The July 2024 passing of beloved Gen X actress Shannen Doherty offers important lessons about estate planning during divorce. Known for her iconic roles in "Beverly Hills, 90210," “Heathers” and "Charmed," Doherty not only faced a courageous and public battle with breast cancer but also raced against time to finalize her divorce and protect her estate. Her story shows why proper timing and planning are crucial when navigating divorce - one of life's most challenging transitions.

The Power of Timing
According to reports, just one day before her death, Doherty filed for an uncontested divorce from her husband Kurt Iswarienko, who signed the agreement the following day. This eleventh-hour timing proved crucial for her estate. By finalizing the divorce, Doherty ensured her assets - including a $6 million Malibu home and future residuals from her acting career - would be distributed according to her wishes rather than being subject to community property laws.

Had the divorce not been finalized, the outcome could have been drastically different. In some states, if a person dies during an active divorce proceeding, the process either halts or is significantly altered. Without a finalized divorce agreement in a community property state like California, Iswarienko could have had a legitimate claim to significant portions of Doherty's estate, potentially leading to years of costly legal battles and family conflict.

Common Estate Planning Mistakes During Divorce
While Doherty managed to finalize her divorce just in time, many people make critical estate planning mistakes during divorce that can have lasting consequences for their families.

Here are the most common pitfalls to avoid:

Waiting Too Long to Update Beneficiary Designations. One of the biggest mistakes is assuming your divorce automatically removes your ex-spouse as a beneficiary from your accounts and insurance policies. The reality is more complicated. While some states have laws that automatically revoke ex-spouse beneficiary designations upon divorce, others don't. Moreover, federal law may override state law for certain types of accounts, like employer-sponsored retirement plans. This means your ex-spouse could still inherit your 401(k) or life insurance proceeds even after divorce if you don't actively change your beneficiaries. When you work with me to create your Life & Legacy Plan, I support you to make sure your assets go to the people you want in the way you want. That includes changing your beneficiary designations if needed.

Forgetting About Digital Assets. In today's digital world, your online presence and digital assets need consideration during divorce. Streaming service accounts, airline miles, cryptocurrency, digital photos, and social media accounts must be addressed. Many people forget to update passwords and access information or fail to specify who should inherit these digital assets. This oversight can leave your loved ones unable to access important memories, valuable assets, or necessary account information.

Neglecting Incapacity Planning. Divorce often focuses people's attention on what happens after death, but incapacity planning is equally important. Your ex-spouse may have been your healthcare proxy or had power of attorney over your financial accounts. During and after divorce, you need to designate new agents to make medical and financial decisions if you become incapacitated. Without updated incapacity planning documents, your ex-spouse might still have legal authority to make crucial decisions about your care, which you may not want.

Making Emotional Decisions. Divorce is emotionally charged, and many people make hasty decisions based on anger or hurt. For example, you might make choices that could trigger expensive legal battles after your death. As a Personal Family Lawyer, I am your trusted advisor who can help you see the impact of your decisions and support you to create a Life & Legacy Plan that aligns with your long-term goals and values.

Protecting Your Assets During Divorce
To avoid these common mistakes and protect your assets during divorce, consider these three practical steps:

Step 1: Create an Asset Inventory
Document all your assets, including property, bank accounts, retirement accounts, investments, life insurance policies, and digital assets. Note which assets are yours alone and which ones are joint assets. This inventory will help ensure nothing is overlooked during the divorce process. When you meet with me for a Life & Legacy PlanningⓇ Session, I will support you with this step.

Step 2: Review and Change Beneficiary Designations
Systematically review and update beneficiary designations on all financial accounts, retirement plans, and insurance policies. Remember that beneficiary designations typically override what's written in your will or trust.

Step 3: Create a Life & Legacy Plan
When you work with me to create your comprehensive Life & Legacy Plan, you’ll know your assets will go to the people you want in the way you want and that you’ll be cared for by those you trust most if you become unable to care for yourself. You’ll also know that your beneficiary designations will be updated, your assets accounted for, and that you’re making the best decisions for the long term.

Your Next Step
As a Personal Family Lawyer® Firm, I help you navigate life's transitions while protecting your assets and loved ones. I don't just create estate planning documents - I provide ongoing support to ensure your plan evolves with your life changes and works when you and your loved ones need it most. Through the Life & Legacy Planning process, I will help you make informed decisions about your estate, especially during major life transitions.

Click here to schedule a complimentary 15-minute consultation to get started:

Schedule a Consultation by Clicking Here

Will Christoferson 2/17/25 Will Christoferson 2/17/25

The Unexpected Challenges of Being an Estate Executor

When someone asks you to be the executor of their estate, it might seem like a straightforward responsibility - distribute assets according to their will and handle some paperwork. Read more…

When someone asks you to be the executor of their estate, it might seem like a straightforward responsibility - distribute assets according to their will and handle some paperwork. However, as many executors discover, the role involves far more complexity, time, and emotional labor than expected. Understanding these challenges now can help you better prepare, whether you're creating your estate plan or considering serving as an estate executor.

But first, a note about terminology. If someone creates a will, the term used for the person who handles the estate is “executor.” If someone creates a trust, the person who handles the estate is called a “trustee.” When someone becomes incapacitated, the person who handles financial matters is the holder of power of attorney. The jobs are similar but not identical. In this article, we’ll focus on the role of an executor, who is carrying out the wishes of someone who died under the terms of their will. However, if you’d like more information about what a trustee does, book a call with me using the link below.

Let’s get to it.

The Unexpected Financial Burden
One of the most unexpected aspects of being an executor is the immediate financial responsibility. When a person dies, their assets are temporarily frozen until a court grants legal authority to an executor to step into the shoes of the decedent (the person who died) and gather all the assets for distribution to the heirs of the decedent, which could take weeks, months or even years. Unless you plan ahead and create a Life & Legacy Plan that is designed to keep your assets out of court, you’re leaving your executor with a quite burdensome responsibility.

Moreover, funeral homes and other service providers don't wait for the court process. Most funeral homes require payment within days, often ranging from $10,000 to $25,000 or more. While these costs can eventually be reimbursed from the estate (if there are funds available), the executor would need to pay them personally and wait months for reimbursement. This situation can create significant stress, especially if the executor doesn't have readily available funds.

Beyond funeral expenses, executors often need to pay ongoing bills for the deceased's home, such as property taxes, utility bills, insurance premiums, and maintenance costs, which must continue even though the estate's assets are frozen. Again, these expenses typically must be paid out-of-pocket until the executor gains legal access to the deceased person's accounts. Some executors report spending thousands of dollars of their own money during this interim period, creating financial strain at an already difficult time.

Finally, depending on who drafted your will (did you do it on your own, have a lawyer well-versed in estate planning or perhaps a lawyer who just dabbles in wills and trusts?), your executor could be required to come up with the money to pay a bond, which is like an insurance policy that can be thousands of dollars out of pocket, before they can be appointed by the court to serve.

Drowning in Documentation
The paperwork involved in serving as an executor can be overwhelming. Executors must track down and organize all financial accounts, including bank accounts, investment accounts, retirement funds, and insurance policies. They need to obtain multiple copies of death certificates, file court documents to initiate probate, submit final tax returns, close utility accounts, notify creditors, and process insurance claims. Sometimes, financial institutions ask for additional documentation, like a medallion signature - used to prove a person’s identity - which can take additional time and headache. Overall, the entire process often requires numerous phone calls, visits to financial institutions, and hours of organizing documents. Many executors report spending hundreds of hours over many months, or even years, handling these tasks.

Worse, some accounts may never be found. If you haven’t organized your finances so that your executor knows exactly what you have and where to find it, chances are the asset will be lost. When an asset is lost and never claimed, it must be turned over to the State’s Department of Unclaimed Property until (or if) someone finds it and can prove that the deceased was the rightful owner. Think about that for a minute. Would you want your hard-earned money to be turned over to the government or go to the people you want in the way you want? If it’s the latter, you need to create a Life & Legacy Plan. Keep reading to find out how.

Navigating the Family Dynamics
While the technical aspects of being an executor are challenging, the emotional and interpersonal dynamics can be even more difficult to navigate. Executors often find themselves in the uncomfortable position of enforcing the deceased's wishes even when family members disagree. They must maintain impartiality while managing grief - both their own and others' grief. This combination of emotional strain and family expectations can make the role particularly challenging and can lead to conflict in the family. Sadly, that conflict can result in a protracted, expensive court battle and irretrievably broken relationships.

What You Can Do Now to Support Your Executor's Success
When you create a Life & Legacy Plan with me, we will make your executor's job much easier. For instance, I’ll support you to create a comprehensive inventory of your assets, including account numbers and passwords, which can save countless hours of detective work. I’ll also help you keep the inventory updated over time so it’s current when your executor needs it. I’ll also help you set aside funds to cover expenses so your executor doesn’t have to pay out of pocket. And, we will consider whether to use a trust, and name your executor as trustee of the trust, so they don’t have to engage with the court at all.

We’ll also conduct a Life & Legacy Interview together so family members are clear about your wishes. This can go a long way towards preventing future conflicts. Most importantly, I will counsel you to choose the very best person for the job. Many people default to their oldest child or closest relative, but haven’t considered whether they have the time, organizational skills, and emotional capacity to handle this complex role. Understanding exactly what’s involved means you can make your decision with your eyes wide open.

How I Help Make the Process Easier
As your Personal Family Lawyer® Firm, I help you create a comprehensive Life & Legacy Plan that makes your executor's job as straightforward as possible. And after you’re gone, I will be here to guide your executor through the probate process, handle complex legal paperwork, mediate family disputes, ensure compliance with all legal requirements, and provide objective advice during emotional decisions. That’s the value of a Life & Legacy Plan - and why it’s the best gift you can give your loved ones.

Take the first step toward protecting your family and supporting your future executor. Click here to schedule a complimentary 15-minute consultation:

Schedule a Consultation by Clicking Here

Will Christoferson 2/10/25 Will Christoferson 2/10/25

The Valentine's Gift That Truly Matters

As Valentine's Day approaches, you might be thinking about flowers, chocolates, or a romantic dinner. Read more…

As Valentine's Day approaches, you might be thinking about flowers, chocolates, or a romantic dinner. And hey, those are all great (who doesn’t love a little chocolate?). But what if I told you there's a way to show your love that lasts far longer than roses and holds far more meaning than any box of truffles?

I'm talking about estate planning—specifically, Life & Legacy Planning—the ultimate love letter to the people you care about most.

A Different Kind of Love Letter

Love isn't just about grand gestures or perfectly curated date nights. The deepest expressions of love are often found in the quiet, intentional actions we take to care for and protect the people we cherish.

And while estate planning might not seem romantic at first glance, I’d argue it’s one of the most loving things you can do.

Think about it—when you create an estate plan, you’re writing a love letter that says:

"I care about you so much that I’ve taken the time to make sure that when I'm gone, you know what to do, you know how to find what I've left behind and make sure it's easy to transfer to you, and I've left you the support so you don't have to go it alone."

It means your children will be raised by the people you trust, your spouse won’t face unnecessary financial hardships, and your loved ones won’t be left to navigate legal and logistical headaches during an already difficult time.

While we often show love through gifts, dinners, and vacations (which, to be clear, I fully support), those are temporary. A Life & Legacy Plan is a lasting demonstration of your love and care—one that ensures your family is protected for years to come.

The True Cost of Putting It Off

Many people put off estate planning because… well, life gets busy. You might tell yourself you’ll get to it later—when the kids are older, when work settles down, when you have more time.

But here’s the truth:

The time you spend now creating a plan is nothing compared to the time, money, and stress your loved ones might face without one.

Without proper planning:

Your loved ones could end up stuck in lengthy court proceedings.
Family conflicts could arise over medical decisions or asset distribution.
Your children could end up in the care of someone you wouldn’t have chosen.
Your assets might not go where you intended.
And perhaps most heartbreaking of all—family relationships can suffer at a time when unity is needed most.

Estate planning isn’t just about money or documents—it’s about ensuring your family isn’t left with a mess when they need clarity and support the most.

What a Love-Based Life & Legacy Plan Includes

Not all estate plans are created equal. Some are just stacks of legal documents that don’t actually work when your family needs them. That’s not what I do.

A Life & Legacy Plan is a love-based plan that works when it matters most.

Here’s what that means:

If something happens to you, your children will be raised by the people you trust—those who share your values and will raise them the way you’d want.
Your healthcare wishes will be clearly documented, so your loved ones aren’t left making impossible decisions during emotional times.
A thorough inventory of your assets ensures nothing is lost—or worse, handed over to the government.
You’ll have an ongoing relationship with me, so I can be there for you throughout your life and for your loved ones after you’re gone.

And beyond all the practical pieces, your Life & Legacy Plan also captures something far more valuable—your wisdom, values, and life lessons.

Through a Life & Legacy Interview, I help you document your stories, your messages to your loved ones, and the wisdom you want to pass down. My clients tell me this is the most meaningful part of the process, and I have to agree.

Because in the end, what your family treasures most isn’t your money—it’s you.

The Best Time to Plan is Now

You wouldn’t put off telling your loved ones how much they mean to you.

So don’t put off cleaning up the mess you’ll otherwise leave behind, now.

Creating a Life & Legacy Plan doesn’t have to be overwhelming. In fact, with the right guidance (hi, that’s me!), it can actually be an empowering, even joyful experience—one that brings you peace of mind knowing your loved ones will be cared for, no matter what.

And when you work with me, I make the process easy—so easy, you’ll wonder why you didn’t do it sooner.

In fact, I’ll make it easy for you. If you book a Life & Legacy Planning Session with me during the month of February and attend your Session by the end of March, I want to give you a gift you’ll love: I will take off $250 from any estate planning package you choose, AND I'll waive my $750 planning fee. Book a call using the link below to learn more and claim your gift.

This Valentine’s Day, Give the Ultimate Gift of Love

This year, in addition to chocolates and flowers, consider a gift that truly matters—one that will last long after the roses fade.

A Life & Legacy Plan is one of the most powerful expressions of love you can give. It’s about making sure your loved ones are protected, provided for, and never left wondering, What do we do now?

Take the first step toward this profound act of love—schedule a call today:

Schedule a Consultation by Clicking Here

Will Christoferson 2/3/25 Will Christoferson 2/3/25

Trusts & Homeowner’s Insurance: What You Need to Know So You Don’t Get a Claim Denied In the Future

When you create an estate plan that includes a living trust, you've taken an essential step toward protecting your home and family from the cost of court. Read more…

When you create an estate plan that includes a living trust, you've taken an essential step toward protecting your home and family from the cost of court. However, many people don't realize that placing their home in a trust requires updating their homeowner's insurance policy. Without this crucial step, you could face a devastating scenario: paying out of pocket for significant damage because your insurance claim was denied. Let's explore how to ensure your trust and insurance work together to protect your most valuable asset.

The Hidden Risk of Trust Ownership

When you transfer your home into a trust, you change its legal ownership structure. While you might still live in the home and act as the trustee, depending on how your trust is structured, the trust becomes the legal owner of the property. If your trust is a revocable trust, this change of title won’t impact your taxes because you are still the owner for all tax purposes, but this title change could give your homeowner’s insurance company a reason to deny your claim. And, whether that denial turns out to be valid or not, or could be contested in a court proceeding against the insurance carrier, you don’t want to have to deal with any of that.

Insurance companies base their coverage decisions on legal ownership. If there's a mismatch between the property's legal owner and the named insured on your policy, the insurer might deny your claim. Imagine discovering after a major fire that your insurance company denies your claim because your policy doesn't reflect your trust ownership. This nightmare scenario happens more often than you might think, but it's easily avoidable with proper planning.

Aligning Your Insurance with Your Trust

The solution starts with notifying your insurance company as soon as you transfer your home into a trust. Most insurance companies are familiar with trust ownership and can easily update your policy to reflect this change. They typically handle this by adding the trust as an additional insured party or including a trust endorsement on the policy.

When updating your policy, consider these key elements:

Property Coverage: Ensure the policy's replacement cost accurately reflects current building costs in your area. Construction prices have soared recently, and many policies haven't kept pace.

Liability Protection: Your policy should protect both you personally and the trust from liability claims if someone is injured on your property.

Additional Structures: Don't forget to include coverage for detached garages, workshops, or other structures on your property under the trust's ownership.

Most insurers make these updates with minimal or no additional premium costs, but the protection they provide is invaluable. This small administrative task could save you hundreds of thousands of dollars if disaster strikes.

Common Mistakes That Put Your Property at Risk

When disaster strikes, homeowners find out too late that they weren’t fully protected. But you can protect yourself if you’re aware of the most common pitfalls:

Delayed Notification: Many people wait months or even years to inform their insurance company about the trust transfer. During this gap, they're paying for insurance that might not protect them. Instead, notify your insurance company as soon as you create or update your trust.

Incorrect Trust Names: Insurance policies must list the trust's exact legal name. Even small discrepancies could cause problems during a claim. If your trust is "The Johnson Family Living Trust dated January 15, 2025," that's exactly how it should appear on your insurance policy.

Overlooking Policy Reviews: Your insurance needs will change over time. Regular reviews ensure your coverage keeps pace with your home's value and your family's needs.

Multiple Property Confusion: If you own multiple properties in trust, each property's insurance policy must correctly reflect the trust ownership. Don't assume that updating one policy covers all your properties.

Creating a Comprehensive Protection Plan

Avoiding all these pitfalls is an inherent part of my comprehensive estate planning process called Life & Legacy Planning. If you have a DIY estate plan, a plan you downloaded from a cheap legal site, or even a plan drafted by a traditional estate planning attorney, you’ll get a set of documents, sure, but you won’t get a comprehensive plan that addresses all the potential consequences that arise. That’s why my Life & Legacy PlanningⓇ process includes:

A current inventory of your assets so we can look at how your property is owned and what properties could be at risk;
Regular, ongoing reviews of both your plan and insurance documents to ensure they remain synchronized. Major life events like marriages, divorces, or deaths in the family might require updates to both your trust and insurance policies;
Guidance on how to accurately and fully transfer your assets to your trust; and
Much, much more.

We Help You Protect What Matters Most

As your Personal Family Lawyer® Firm, I ensure your Life & Legacy Plan works as intended, including proper alignment with your insurance coverage. I'll help you avoid costly mistakes and maintain comprehensive protection for your home and family. Our process includes regular reviews to keep your plan current and effective.

Don't wait for a crisis to discover gaps in your protection. Contact me today to schedule a Life & Legacy Planning® Session, where together, we'll review your current trust and insurance arrangements and ensure they work together seamlessly.

Click here to schedule a complimentary 15-minute consultation:

Schedule a Consultation by Clicking Here

Will Christoferson 1/27/25 Will Christoferson 1/27/25

National Unclaimed Property Day: Why Estate Planning is More Than Just Documents

Every year on February 1st, we observe National Unclaimed Property Day - a reminder of the staggering $60 billion in forgotten and abandoned assets currently held by state governments across America. And this isn't just spare change we're talking about. These are life insurance policies, forgotten bank accounts, uncashed checks, retirement funds, and other valuable assets that have lost their connection to their rightful owners.

In my firm, I regularly see the consequences of overlooked assets and inadequate estate planning. Let's explore how assets are lost and become "unclaimed," how to prevent your assets from ending up in this $60 billion pool, and, most importantly, how to ensure your hard-earned assets reach your loved ones the way you want.

How Assets Become "Lost"

You might wonder how billions of dollars in assets could go missing. The truth is, it happens more easily than you'd think. Think about this: you become incapacitated or die, and someone in your family (either someone you named legally or someone chosen by a judge) has the job of finding all of your assets. Would they be able to find everything? How easy would it be for you to find everything, and you know what you earned, the accounts you set up, when you worked for that one company that set up a retirement account for you, got that insurance policy, etc.

What we see commonly when someone passes away without an updated estate plan (including a comprehensive asset inventory), is that their loved ones often have no idea what assets exist or where to find them. Those assets could eventually end up in state custody instead of going to the people you love. That money could be used to fund your children’s education, an investment in a loved one’s business, or to enhance the lives of the people you love most.

“Traditional” or “old school” estate planning often contributes to the problem. With an estate plan drafted by a financial advisor or lawyer who sells a will or trust rather than a comprehensive plan (or from a DIY tool like cheap legal or AI), you typically receive a set of documents to review and sign. You might take these documents home, put them on a shelf or in a drawer, and never look at them again. There's usually no inventory of your assets, which means that some of your assets could be lost or overlooked and end up part of that $60 billion in unclaimed property.

Why an Asset Inventory and Regular Review is Crucial

As a Personal Family Lawyer® firm leader, I know that effective estate planning isn't a one-time event - it's a lifelong process that includes an inventory of what you have, as well as regular updates to your inventory, as well as the legal documents that go along with it. My process begins with a Life & Legacy Planning® Session, where you’ll create an inventory of your assets, ensuring nothing gets overlooked or forgotten. This inventory includes not just the obvious assets like your home and bank accounts but also:

Life insurance policies
Retirement accounts from all previous employers
Investment accounts
Business interests
Valuable personal property
Intellectual property rights
Digital assets and cryptocurrency

Digital assets present a particular challenge in today's world. Cryptocurrency, online banking accounts, social media profiles, and digital business assets can be especially difficult for loved ones to track down and access without proper planning. Many people don't realize that without proper documentation and access instructions, their digital assets could become effectively lost forever, even if their family and friends know they exist.

When you work with me, I’ll also help you keep your inventory updated throughout your life. I do this by conducting regular reviews of your Life & Legacy Plan to ensure your asset inventory stays current and properly aligned with your goals, wishes, and values. This comprehensive approach helps prevent your assets from becoming lost so they can go to the people you want in the way you want.

Beyond the Financial Impact

While creating an asset inventory is crucial, my Life & Legacy Planning process goes several steps further. It's not enough to simply list what you own - you need to ensure these assets are properly titled, beneficiary designations are up to date, and your loved ones know how to access everything when the time comes. I support you with it all. I will also be there for your loved ones when you no longer can.

In addition, there’s another crucial part of planning that’s often omitted from traditional or DIY planning. It’s the realization that the value of many assets isn't financial. Family photographs stored in the cloud, emails containing important family history, and digital collections of music or art can have tremendous sentimental value. Yet without proper planning, these too can become effectively "unclaimed property" - inaccessible to the very people meant to inherit them. When these invaluable family legacies are lost, they become another kind of unclaimed property, though their value can't be measured in dollars.

Remember, proper estate planning isn't just about having the right documents - it’s about taking all the steps needed to make things as easy as possible for your loved ones. It's the greatest act of love you can give to the people you cherish most.

Your Next Step

As your Personal Family Lawyer® Firm, I can help you create a comprehensive Life & Legacy Plan that includes a complete asset inventory, regular reviews, and updates to ensure nothing gets lost or forgotten. I’ll also support you to create a Life & Legacy Interview so your most valuable assets - your values, traditions and love - get passed on to the people you love most. Let's work together to protect your legacy.

Click here to schedule a complimentary 15-minute consultation and learn more about how I can help:

Schedule a Consultation by Clicking Here

Will Christoferson 1/20/25 Will Christoferson 1/20/25

From Preparation to Recovery: When Disaster Strikes

When disaster strikes, time is your most precious resource. Whether it’s a wildfire, hurricane, or flood, being ready to act can make all the difference for you and your loved ones.. Read more…

When disaster strikes, time is your most precious resource. Whether it’s a wildfire, hurricane, or flood, being ready to act can make all the difference for you and your loved ones. Having a clear plan helps you stay calm and focused during emergencies. In this article, I will walk you through how to prepare for evacuation, manage an emergency, and recover afterward. I’ll also explain how estate planning can safeguard your loved ones’ future, even in the most challenging times. Let’s get started so you can learn how to protect what matters most.

Packing Smart When Time Is Tight

Imagine the type of emergency in which you have just 15 minutes to leave your home. What would you grab? It’s a scenario no one wants to face, but planning ahead can turn chaos into action. And, as we’re seeing with the hurricane that hit Asheville unexpectedly and the wildfires in Los Angeles, this is a scenario we all need to be ready for, and the time to plan is right now.

Start by packing a go-bag with the essentials you’d need if you had to leave in a hurry. Include chargers for your devices, as well as critical medical items like prescriptions, hearing aids, and oxygen if you or a loved one relies on them. Don’t forget your pets! Pack a leash, carrier, food, and any medication they need. Important documents such as birth certificates, passports, home insurance info, and your estate plan should go in a waterproof folder that’s easy to grab. Don’t forget a first aid kit, clothing for a few days, and enough water to get by until help arrives. Create this bag now, and keep it in a cool location in your home, ready to grab when needed. And it’s a good practice to always keep your car fueled and packed with essentials like blankets, flashlights, and non-perishable snacks.

Add a list to the bag with a reminder of the additions you’ll make on the fly. Put on the list anything you use on a regular basis that you don’t want packed away but you know you’d want to grab if you knew you’d never see it again, including things like collectibles, family jewelry, specific photos, and keepsakes. Make this list now and put it with your go bag, so you aren’t trying to think about what to grab in an emergency when you can’t think very clearly.

The key is to think ahead. Walk through your home room by room and decide what’s most important to you. Then create a checklist so you’re not scrambling when the clock is ticking. Create the checklist in an app on your phone so it’s accessible when you need it.

Staying Safe During the Emergency

When it’s time to evacuate, safety is your top priority. First, make sure everyone in your household knows the plan. Write emergency contact numbers on your forearm with a marker, especially for kids. This step could make all the difference if you get separated. Constrain pets to carriers or leashes so they’re easy to transport.

Alert a non-local emergency contact about your plans. If you have neighbors who are elderly or vulnerable, check on them and make sure they know what to do.

As you leave, take steps to protect your home. If time allows, turn off your HVAC system and gas, and unplug appliances. Close all windows, doors, and gates, and place fireproof tarps over wood piles or outdoor furniture. These small actions can make a big difference if disaster reaches your doorstep.

Remember, the most important thing is to get out safely. Do not stay behind to try to save belongings. You can replace things, but you can’t replace lives.

Recovering and Rebuilding After Disaster

Once the immediate danger has passed, the recovery process begins. The first step is finding a safe place to stay, whether it’s with family, friends, or at a shelter. Take photos of any damage to your property before you begin cleaning up—these will be crucial for insurance claims.

Organize your paperwork early. Gather receipts for repairs, hotel stays, and any other disaster-related expenses. Contact your insurance provider to start your claim and keep detailed records of all conversations.

Recovery isn’t just about financial steps; it’s about emotional healing too. Connect with others who have gone through similar experiences. Support groups and community networks can help you process your feelings and find resources you might not know are available.

Most people may not think about estate planning as a tool that can greatly simplify the recovery process and make it more easeful - but only if you create a comprehensive and customized plan using my Life & Legacy PlanningⓇ process.

When you work with me to create a Life & Legacy Plan, I’ll support you to designate a trusted individual as your financial power of attorney, so they can step in to handle urgent matters like accessing bank accounts or paying bills while you focus on rebuilding. Similarly, a healthcare power of attorney ensures your medical needs are met if you’re injured or unable to make decisions. These are just two of many features that ensure your plan works when you need it to. Keep reading to learn more.

Finally, think about what you can do to prepare for the future. Rebuild with resilience in mind by using fireproof or flood-resistant materials. Restock your emergency kit and update your evacuation. Disasters can strike without warning, but every step you take now will make you stronger for the next time.

Life & Legacy Planning is Your Secret Weapon in Disaster Preparedness

Life & Legacy Planning isn’t just about passing on your wealth when you’re gone; it’s also about protecting your loved ones and ensuring your wishes are followed during your lifetime. In the context of disaster preparedness, as I mentioned above, it’s an often overlooked but essential tool.

If you have minor children, Kids Protection Planning is critical. By naming permanent and temporary guardians, you can ensure your kids are cared for by someone you trust if something happens to you - even if you aren’t able to care for them for a few days. This is especially important during chaotic and uncertain times.

A Life & Legacy Plan also helps protect your property. I can support you to create a fully funded living trust, which means your assets will bypass the court process, giving your loved ones immediate access to funds and resources they may need after a disaster. Together, we can also include provisions for rebuilding or maintaining your home in your absence.

By integrating Life & Legacy Planning into your disaster preparedness efforts, you’re not just planning for the worst—you’re building a framework for recovery and resilience. And most importantly, you’re protecting all the people you hold dear.

Moving Forward with Confidence

Disasters are unpredictable, but preparation is your best defense. By packing smart, acting swiftly, and focusing on recovery, you can protect what matters most. Life & Legacy Planning adds another layer of security, giving you peace of mind that your loved ones and assets are protected no matter what happens. Use this guide to create a plan that keeps your family safe and your mind at ease. Remember, preparation isn’t just about surviving—it’s about thriving in the face of challenges.

How We Can Help

As your Personal Family Lawyer® Firm, I’m here to help you prepare for and recover from disasters. When you work with me, I’ll:

Help you organize and protect crucial legal documents;
Review your insurance coverage to identify potential gaps;
Create (or update) your Life & Legacy Plan to include disaster contingencies; and
Guide you through the legal aspects of disaster recovery.

Remember, the time to prepare for a disaster is before it happens. Let me help you create a plan that protects what matters most.

Book a call here to learn how we can help you prepare for the unexpected:

Schedule a Consultation by Clicking Here

Will Christoferson 1/13/25 Will Christoferson 1/13/25

4 Estate Planning Myths That Put Your Loved Ones at Risk

Surveys conducted in 2024 by Caring.com and Ameriprise Financial revealed a troubling trend: Americans are falling behind on estate planning. Read more…

Surveys conducted in 2024 by Caring.com and Ameriprise Financial revealed a troubling trend: Americans are falling behind on estate planning. The Caring.com survey revealed that only 32% of Americans have a will - a 6% decline from 2023. The Ameriprise survey found that 52% of couples lack estate plans. These statistics highlight a dangerous disconnect between understanding the importance of estate planning and taking action. Let's examine these misconceptions and their potentially devastating consequences.

Myth 1: "I don't have enough assets to need an estate plan."

This dangerously narrow thinking ignores that estate planning isn't just about financial wealth. It's about doing the right thing for the people you love so you don’t leave a mess, and about ensuring your wishes for your own care are considered if you cannot make decisions for yourself due to accident or illness.

If you haven’t created a Life & Legacy plan (the type of comprehensive planning I offer), your loved ones could face lengthy court proceedings, unnecessary taxes, and difficulty accessing financial accounts, which could have devastating consequences if bills need to be paid.

It’s also about:

Ensuring what you DO have goes to the people you want in the way you want (and stays out of the court process);
Your children being raised by people you choose;
Your wishes for your medical care are honored if you become incapacitated, or if your mind deteriorates;
Only people you trust are able to manage your finances if you can’t manage your finances yourself, and
Leaving your loved ones with your most valuable assets - your values, insights, stories, experiences and your love.

Moreover, a Life & Legacy plan can minimize conflict among your loved ones. By clearly outlining your intentions, and ideally getting my support to share your intentions with your loved ones, you significantly reduce the chances of misunderstandings or disputes, while also increasing the chances that your resources will be used to create a better future for the people you love.

Finally, an estate plan that works will save your loved ones time and money by ensuring the people who matter know what you have, where it is, how to find it, what to do with it when they do find it, and keeps them out of court and conflict.

In short, an estate plan is not a luxury reserved for the wealthy; it’s a necessity for anyone who has things that matter, and people who matter. If that’s you, and you don’t have an estate plan (or your plan could be outdated) let’s talk soon.

Myth 2: "My spouse and I trust each other completely."

Ameriprise's survey reveals 95% of couples trust each other with finances and 91% share financial values. When couples don’t plan because they trust each other to carry out each other’s wishes, they’re overlooking several essential matters.

For instance, trust between spouses doesn't prevent legal complications or avoid court. Without a Life & Legacy plan, a surviving spouse may face lengthy probate proceedings, increased tax burdens, and difficulty accessing accounts. This strain can damage relationships and deplete assets meant for heirs. Even worse, if both spouses die simultaneously, the complications can be significant, especially if the spouses have children from prior marriages, or minor children.

Another potential issue arises if the surviving spouse remarries. Without an estate plan, assets could unintentionally be passed to the new spouse instead of the people the deceased spouse loved. In some cases, children may even be accidentally disinherited, leaving them without the financial support their parent had planned to provide.

Myth 3: "Estate planning is too expensive."

Another common misconception is that estate planning is a luxury reserved for the wealthy because of its perceived high cost. The reality? Avoiding estate planning due to cost concerns can lead to far more significant time and money costs for the people you love down the road. Without a plan, your loved ones may face costly probate proceedings, unnecessary taxes, and legal disputes that can drain your estate and create additional stress for your loved ones during an already difficult time. These costs often far exceed the upfront investment of creating an estate plan.

Beyond the financial aspect, the peace of mind that comes with knowing your loved ones are protected is invaluable. A Life & Legacy plan ensures that your wishes are carried out, your loved ones are cared for, and potential conflicts are minimized. By addressing these matters proactively, you save the people you love from emotional and financial burdens, making Life & Legacy planning one of the wisest and most compassionate investments you can make, as well as the best gift you can give to the people you love.

Myth 4: "I don’t need to worry about who would raise my kids."

Many parents of minor children assume that in the event of their death, loved ones will naturally step forward to care for their children. Unfortunately, these assumptions are often misplaced. Without a Kids Protection PlanⓇ, which I support you to create, the decision about who raises your children will be left to a judge - a complete stranger to you and your children. And when a stranger makes the decision about who will raise your kids, it might not be the person you would have wanted. In some cases, the individual granted guardianship could have values, parenting styles, or circumstances entirely incompatible with how you envisioned your children being raised. Even if you have named legal guardians for your children in a prior created will, it’s likely not taken into consideration the 6 common mistakes I see consistently when people (and even their well-meaning lawyers) name legal guardians without the training I’ve had as a Personal Family Lawyer® around planning for the needs of families with minor kids at home. If you have a minor child, and have named legal guardians, but want me to review your plan to see if you’ve made any of the 6 common mistakes, call my office.

Another important consideration is the financial burden imposed on your children’s chosen guardian. If you haven’t created a Life & Legacy plan, and allocated sufficient funds for your children’s care, even willing loved ones might decline guardianship, leaving the court to make an even more difficult choice.

A Life & Legacy plan alleviates the potential financial burden on your chosen guardians and ensures that your children receive the care and stability they need during an emotionally challenging time.

Take Action Now to Protect the People You Love

I've seen too many people suffer negative, yet unnecessary, consequences after a loved one dies. And if you haven't experienced it yourself, chances are you probably will. But with the proper education, beginning with correcting these dangerous myths about estate planning, I believe we can break the cycle of strife.

As a Personal Family Lawyer® firm, I start with education so you are clear on what would happen to your loved ones and your assets if you become incapacitated and when you die. Then we will work together to create a plan that aligns with your values, your goals, your loved ones, and most importantly, that works when you need it to.

We call it the Life & Legacy Planning® process, and once you've created your Life & Legacy plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected.

Book a call with us today to get started:

Schedule a Consultation by Clicking Here

Will Christoferson 1/6/25 Will Christoferson 1/6/25

Five Essential Steps to Protect Your Loved Ones in 2025

You know that uneasy feeling when you think about what everyone you love would do, if (and when) something happens to you? Read more…

You know that uneasy feeling when you think about what everyone you love would do, if (and when) something happens to you? That nagging voice reminding you that you still haven't created a will or trust or updated the estate plan you do have?

As we enter 2025, it's time to stop pushing those thoughts aside and take action to protect the people you love most. Many people avoid estate planning because they think it will be complicated, expensive, too time-consuming, or emotionally challenging. But the truth is, not having a plan, or having an out-of-date plan, is far more costly – financially, emotionally, and time-wise – for the people you love.

Let's take a look at five things you can do right now to create lasting peace of mind.

Step 1: Get Financially Organized

One of the biggest challenges people face after losing a loved one is trying to piece together their financial life. Where are all the accounts? What insurance policies exist? What bills need to be paid? Without proper organization, your family could spend months or even years trying to track everything down. Worse yet, anything they don’t find will be turned over to the State Department of Unclaimed Property, where there are approximately $60 billion in lost assets nationwide.

As important as it is, financial organization isn't just about making lists – it's about creating a clear roadmap for the people who will handle your affairs when you cannot. This includes documenting all your accounts, insurance policies, important passwords, and key contacts. When your loved ones need access to this information, it should be readily available, updated, and easy to handle. This is why our Life & Legacy Planning process begins with a financial organization, and then our ongoing Life & Legacy Planning service supports you to maintain your financial organization throughout your life, so it’s handled with as much ease as possible for the people you love when something happens to you.

Step 2: Create a Lasting Message for Your Loved Ones

When someone dies, their loved ones often wish they had one more conversation, one more chance to hear their loved one's voice or read their words. That's why recording a Life & Legacy Interview is part of our planning process. It’s truly one of the most meaningful gifts you can give the people you love, and who love you.

This message isn't just about saying goodbye – it's about sharing your values, hopes, and life lessons. Think about what you want future generations to know about your life journey.

What wisdom do you want to pass down?

What family stories, or even recipes, should be preserved?

While you may think “generational wealth” is just about money, the truth is that people who are able to learn from the recorded history of past generations have true generational wealth that’s far greater and irreplaceable than any dollar ever could be.

Your words will become a treasured part of your legacy, offering comfort and guidance long after you're gone.

Step 3: Learn About Tax Planning

Many people don't realize that proper estate planning can help minimize or eliminate taxes their loved ones might otherwise have to pay. Without planning, they could lose a significant portion of their inheritance to estate taxes, income taxes, or capital gains taxes.

Strategic tax planning isn't about avoiding your obligations – it's about ensuring more of your hard-earned assets go to the people you love rather than the government. Working with a trusted advisor who understands both estate and tax law can help you identify opportunities to protect your loved ones’ financial future.

Step 4: Plan Your Final Farewell (and Your Last Days)

While it might feel uncomfortable to think about your funeral, planning and paying for it in advance is one of the most loving things you can do for the people you love. When you're gone, they will be grieving. The last thing they need is to make difficult decisions about your funeral while trying to guess what you would have wanted.

By planning ahead, you not only ensure your wishes are honored but you also protect the people you love from emotional overspending during a vulnerable time. You can choose and pay for exactly what you want, locking in today's prices and relieving your loved ones of this financial burden.

Even more importantly, consider how you want to spend your last years, months, or even days and discuss that with the people who will be responsible for your care now. This could be a conversation we can help facilitate if bringing it up or even thinking about it alone feels too challenging or if you keep putting it off. This courageous conversation is one of the best gifts you can give to the people you love.

Step 5: Create a Comprehensive Life & Legacy Plan

All these elements come together in our comprehensive Life & Legacy Planning® process, which guides you to understand the law and how it will apply to your unique situation, considering your family dynamics and assets, so you can make educated and informed choices to ensure your loved ones stay out of court and out of conflict when something happens to you. This isn't just about creating legal documents – it's about creating a plan, maintaining it, and ensuring your loved ones know who to turn to when something happens to you.

When you create a Life & Legacy Plan with me, it includes clear instructions about who gets what, who's in charge of what, and most importantly, how to find and access everything when needed. It also includes specific directives about what happens if you become incapacitated. In addition, you’ll have the opportunity to outline your memorial service, and we’ll support you to record a Life & Legacy Interview that your loved ones will cherish for the rest of their lives.

The start of a new year is the perfect time to take these essential steps to protect the people you love. Don't wait until it's too late – the greatest gift you can give your loved ones is the gift of preparation and peace of mind.

How We Help You Get Started

As your Personal Family Lawyer® Firm, we help you put these essential protections in place. Through our Life & Legacy Planning® process, we'll guide you in creating a lasting message for your loved ones, implementing smart tax strategies, planning your final arrangements, getting your finances organized, and creating a comprehensive plan that ensures the people you love stay out of court and conflict. Most importantly, we'll help you make informed decisions that align with your values and wishes. So don’t delay! Let us help you start the new year by doing the right thing for your loved ones.

Click here to schedule a complimentary 15-minute consultation to learn more:

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Will Christoferson 12/30/24 Will Christoferson 12/30/24

Estate Planning Meets FAFSA: Smart Strategies for Asset Ownership

When preparing for college expenses, understanding how financial aid and estate planning intersect can make a significant difference. Read more…

When preparing for college expenses, understanding how financial aid and estate planning intersect can make a significant difference. This article will break down the essentials of how asset ownership influences aid eligibility, offer actionable strategies to increase the chances of receiving aid, and highlight estate planning tools that can protect your wealth while optimizing support for your child’s education.

FAFSA and Asset Ownership: The Basics

The FAFSA, or Free Application for Federal Student Aid, evaluates a student’s financial need based on several factors, including family income and assets. However, not all assets are created equal in the eyes of FAFSA. The way those assets are owned—whether by the parent, the student, or even a third party—can have a big impact on financial aid eligibility.

Here’s the key: FAFSA assesses up to 5.64% of parent-owned assets when calculating the Expected Family Contribution (EFC). For student-owned assets, though, that number jumps to a whopping 20%. So, keeping assets out of your student’s name increases their chances of receiving financial aid.

Put another way, parent-owned assets are less punitive than student-owned ones. Consider assets like your savings account, investments, or a 529 college savings plan. If you, the parent, own the asset, only 5.64% of its value is considered in the EFC calculation.

But if your child owns assets outright—like in a UGMA or UTMA custodial account— those accounts will be subject to a 20% assessment. For example, if your child has $10,000 in one of these accounts, FAFSA will expect $2,000 of it to go toward college costs. Ouch.

What can you do? You can’t legally change ownership of UGMA/UTMA accounts because they belong to the child. However, for future savings, consider using a 529 plan or a parent’s investment account instead.

And what about third-party-owned assets? If Grandma owns the 529 plan, FAFSA doesn’t count the asset itself, but it will count distributions as student income in the following year—and student income (as compared to student assets) is assessed at up to 50%. If Grandma’s generous in the wrong way, that could seriously hurt your student’s financial aid package.

Estate Planning Meets FAFSA

Here’s where estate planning comes into play. By structuring your assets wisely, you can minimize their impact on financial aid. Let’s explore a few strategies:

1. Irrevocable Trusts

An irrevocable trust can be a powerful tool in estate planning and can remove assets from a person’s estate for tax purposes. However, irrevocable trusts are counted for FAFSA purposes if the student or parent is a beneficiary of an irrevocable trust. Note that the entire value of the trust should not be reported, but the beneficiary’s proportional share must be reported. In addition, if the trust distributes income to the student, that income will be assessed at up to 50%. So use irrevocable trusts with caution.

2. Retirement Accounts: Hidden Gems

Good news: FAFSA does not count assets in qualified retirement accounts like 401(k)s, IRAs, and Roth IRAs. This makes retirement savings a double win—you’re preparing for your future in a tax-advantaged manner and protecting your child’s financial aid eligibility.

Pro tip: If you have extra savings that would otherwise count on FAFSA, consider contributing to your retirement account. It’s a FAFSA-friendly way to reduce your countable assets.

3. Pay Down Debt

Another savvy move is to use liquid assets to pay down debt, such as your mortgage or student loans. FAFSA doesn’t count your home’s equity or the balance of your debts, so this strategy can reduce your reportable assets without hurting your financial position.

4. Timing Is Everything

FAFSA looks at your financial situation as of the day you file the form. That means you can time certain financial moves to optimize your aid eligibility. For instance, if you’re planning to sell an investment or receive a large bonus, try to do so after filing FAFSA to avoid inflating your assets or income for that year.

Practical Steps to Take Now

So, what can you do right now to prepare? Here are some actionable steps:

Review Your Assets: Make a list of all your family’s assets, including who owns them. Pay special attention to student-owned accounts and assets held in trusts.
Shift Savings to FAFSA-Friendly Accounts: If you’re saving for college, prioritize 529 plans owned by you, the parent. Avoid putting large sums into custodial accounts.
Create a Life & Legacy Plan: Work with me to create a comprehensive Life & Legacy Plan that may include irrevocable trusts or other strategies to protect your assets and your financial aid eligibility.
Max Out Retirement Contributions: If possible, contribute to your 401(k) or IRA to reduce your countable assets while securing your financial future.
Plan Ahead for Income Events: Be mindful of how bonuses, stock sales, or other income events could affect your FAFSA profile. If possible, defer these until after filing.

The Big Picture

Balancing estate planning and FAFSA eligibility can feel like walking a tightrope. On one hand, you want to preserve your family’s wealth and secure your child’s future. On the other, you don’t want to leave money on the table when it comes to financial aid.

By understanding how asset ownership works and taking strategic steps, you can position your family for success. Whether it’s shifting assets, leveraging trusts, or timing your financial moves, a little planning can go a long way. And when that acceptance letter arrives—along with a generous financial aid package—you’ll be glad you took the time to get it right.

How We Help

As your Personal Family Lawyer® Firm, we can help you create a comprehensive strategy that optimizes both education funding and wealth preservation goals. We'll work with you to structure your assets effectively and ensure your plan adapts as the law changes, your assets change, or your family dynamics change. Our approach focuses on creating clarity and consistency across all aspects of your financial planning, from education funding to legacy preservation.

Book a call here to learn how we can help you create the right plan for your family:

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Will Christoferson 12/23/24 Will Christoferson 12/23/24

Actions to Take Before 2024 Ends to Qualify for Specific Tax Credits

Actions to Take Before 2024 Ends to Qualify for Specific Tax Credits. Read more…

The end of the year can feel overwhelming, but it’s also a time to set yourself up for credits and deductions that can put real money back in your pocket come tax time this April. From the Earned Income Tax Credit to residential energy improvements and even adopting a child, there are a wealth of opportunities to lower next year’s tax bill or increase your refund.

Here’s a quick guide to the top tax credits for 2024 and actionable steps you can take now to help you maximize your savings:

Need Some Extra Cash? Use the Earned Income Tax Credit (EITC)

What to Do:

Ensure you have earned income from wages, self-employment, or other qualifying sources.
Keep accurate records of your income and any dependents.

Tip: Even if your income is low, file a tax return to claim this credit, as it is a refundable credit, meaning you can get a refund, even if you didn’t pay taxes due to low income.

Got Minor Kids at Home? Use the Child Tax Credit (CTC)

What to Do:

Make sure your children have valid Social Security numbers before 12/31/2024.
Ensure dependents meet the criteria (under 17 years old).
Keep documentation like birth certificates, school records, and proof of residency.

Tip: Ensure both parents agree on who will claim the child, if filing separately.

Got Kids Who Need Care? Use the Child and Dependent Care Credit

What to Do:

Pay for childcare or dependent care expenses by December 31, 2024.
If you will not qualify because of too much income next year, and you have not yet maxed out your Child & Dependent Care Credit this year, consider paying in advance before end of year for services that will be delivered in 2025.
Obtain your childcare provider’s Tax ID (EIN or SSN) and keep records of payments.
Ensure the care is provided so you (and your spouse, if married) can work or look for work.

Got Kids in College? Use the American Opportunity Tax Credit (AOTC) & Lifetime Learning Credit (LLC)

What to Do:

Pay for qualified education expenses (tuition, fees, books) by the end of 2024.
Ensure your educational institution issues a Form 1098-T.
Verify that you or your dependent is enrolled at least half-time for the AOTC.

Tip: The AOTC is only available for the first four years of higher education.

Ready to Save for Retirement? Use the Saver’s Credit (Retirement Savings Contributions Credit)

What to Do:

Contribute to a retirement account (e.g., 401(k), 403(b), IRA) by December 31, 2024.
For Traditional or Roth IRAs, you have until the April 15, 2025 deadline to contribute.
Even if you will not make your contribution until next year, get your account setup before the end of this year.

Tip: Even small contributions can qualify for this credit.

Need Health Insurance? Use the Premium Tax Credit (PTC)

What to Do:

Enroll in a Health Insurance Marketplace plan during the 2024 open enrollment period.
Report any income changes to the Marketplace to adjust advance premium credits accurately.
Keep records of your health insurance premiums (Form 1095-A).

Adopting a Child? Use the Adoption Credit

What to Do:

Complete the adoption process or incur adoption-related expenses by the end of 2024.
Keep detailed records of qualified adoption expenses (e.g., fees, court costs, travel).
Ensure you have the necessary documentation for the adopted child.

Need Windows or HVAC Upgrades? Use Residential Energy Credits

What to Do:

Make qualifying energy-efficient home improvements (e.g., insulation, windows, HVAC) by December 31, 2024.
Install renewable energy systems (solar panels, wind turbines, battery storage).
Obtain and keep receipts, invoices, and Manufacturer’s Certification Statements.

Tip: Check the eligibility of improvements to maximize the credit.

Need a New Car? Use Electric Vehicle (EV) Credits

What to Do:

Purchase a qualifying electric vehicle or plug-in hybrid by the December 31, 2025
Verify that the vehicle qualifies for the federal credit (check the IRS list).
Obtain the sales invoice and confirm eligibility for the credit at the time of purchase.

Got Healthcare Costs? Use Your Health Savings Account (HSA) & Flexible Spending Accounts (FSA)

What to Do:

Contribute to your HSA (up to $4,150 for individuals and $8,300 for families in 2024) by December 31, 2024.
Use your FSA funds by the end of 2024 or the plan’s grace period to avoid losing the money.
Keep receipts for qualified medical expenses.

How We Help You Make Smart Financial Decisions

As your Personal Family Lawyer® Firm, we understand that tax planning is just one piece of your overall financial picture. That's why we have a comprehensive Life & Legacy Planning® process that takes into account not just your estate planning needs, but also helps you make informed decisions about your finances that can benefit you and your family both now and in the future. We'll help you understand how different financial choices – from energy improvements to adoption – can impact your tax situation and overall financial wellbeing. We're here to support you in making educated decisions that align with your family's goals and values.

Click here to schedule a complimentary 15-minute consultation to learn more:

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Will Christoferson 12/16/24 Will Christoferson 12/16/24

Year-End Options for Giving to Charity

The desire to make a difference doesn't end when we're gone. For many people, incorporating charitable giving into their estate plan provides a way to support causes they care about while creating a lasting legacy. Whether you want to establish a scholarship fund, support medical research, or help your local community, thoughtful charitable planning can maximize your impact while potentially providing tax benefits for your heirs.

Since this time of year invokes a desire to give to those less fortunate, and take advantage of tax benefits, let's explore how you can do that by including charitable giving in your Life & Legacy Plan.

Understanding Your Charitable Giving Options

When it comes to charitable giving through your estate plan, you have several options to consider. The key is finding the approach that best aligns with your values, goals, and overall estate planning strategy. Some common methods include:

Direct Bequests: The simplest way to include charity in your estate plan is through a direct bequest in your will or trust (“bequest” simply means leaving something to someone in your estate plan, whether it’s money or personal belongings). You can specify a fixed dollar amount or percentage of your estate to go to your chosen charitable organizations. This approach provides flexibility and can be easily modified if your circumstances change.

Note that for tax purposes generally, any charitable bequest (to a “qualified” charity per the IRS, typically a 501(c)(3) organization) is tax deductible and will reduce the tax liability of your estate. If you want to receive a tax deduction now, however, give an outright gift. In 2024 you can give up to $18,000 to each person or organization without having to report the gift to the IRS or pay gift tax. That number increases to $19,000 per donee in 2025.

Required Minimum Distributions with Qualified Charitable Distributions (QCDs). If you're over 70.5 (or have parents who are) and don't need your required minimum distributions (RMDs) from your retirement accounts to live on, here is a tax-saving, life-affirming strategy: Consider making a qualified charitable distribution (QCD) of your RMDs to a 501(c)(3) of your choosing before year-end, and lower your taxes, support your favorite cause or movement, and possibly kick yourself down into a lower tax bracket for your other taxable income. You can distribute up to $105,000 (2024) or $108,000 (2025) directly to a 501(c)(3) public charity of your choice.

Charitable Trusts: For those with larger estates, charitable trusts offer sophisticated ways to benefit both charity and your heirs. A charitable remainder trust can provide income to your beneficiaries for a set period, with the remaining assets going to charity. Conversely, a charitable lead trust can provide income to charity for a period, with the remainder going to your beneficiaries. Note that charitable trusts are typically used to save money on capital gains tax as part of a sale transaction.

Donor-Advised Funds: A donor-advised fund (or DAF) is a way to make charitable contributions during your lifetime to a fund that is then invested and managed by a fund manager, and as the donor, you are able to recommend grants to your favorite charities over time. When using a DAF, you can name successor advisors, enabling your children or other loved ones to continue your charitable legacy through your DAF after you're gone. Gifting to a donor-advised fund is similar to gifting to a family foundation but with minimal administrative time or energy required. On the flip-side, DAFs are often not used as intentionally as they could be. If you have a DAF, or want to set one up, let’s discuss what I mean by this so you can be sure to use yours as intentionally as possible.

Family Foundation: For families with more significant assets, and a desire to govern and control the use of those assets, while also creating a lasting legacy, the private family foundation is the way to go. With a private foundation, you control the investments, the governance, the distributions, and can use the foundation as a multi-generational educational tool for the family.

Making Your Charitable Giving More Effective

To ensure your charitable giving achieves maximum impact, consider these important factors:

Tax Implications: While tax benefits shouldn't be the primary motivation for charitable giving, proper planning can help reduce estate taxes and maximize the impact of your gifts. Certain charitable giving strategies as discussed above, can provide immediate income tax benefits during your lifetime while reducing estate taxes after your death.

Timing of Gifts: Consider whether making charitable gifts during your lifetime might be more beneficial than waiting until after your death. Lifetime giving allows you to see the impact of your generosity and may provide immediate tax benefits.

Selection of Charities: Research potential charitable recipients carefully. Look for organizations with strong track records of effectively using donations to advance their missions. Consider whether you want to support large national organizations or smaller local charities.

Involving Your Family

Charitable giving through your estate plan can do more than just support worthy causes – it can help instill philanthropic values in future generations. Consider these approaches:

Family Discussions: Talk with your family about your charitable intentions and the causes that matter to you. These conversations can help your loved ones understand your values and motivations while potentially inspiring their own charitable giving.

Collaborative Decision-Making: If you establish a donor-advised fund or family foundation, involve your children or grandchildren in grant-making decisions. This hands-on experience can help them develop their own philanthropic interests while carrying forward your legacy.

Educational Opportunities: Use your charitable giving as a teaching tool to help younger family members learn about financial responsibility, social issues, and the importance of giving back to the community.

Creating Your Charitable Giving Plan

As your Personal Family Lawyer®, I can help you develop a comprehensive charitable giving strategy that aligns with your overall estate planning goals. I'll work with you to:

Identify the charitable causes most important to you
Select the most appropriate giving vehicles for your situation
Structure your giving to maximize tax benefits
Ensure your charitable intentions are properly documented
Create a plan for involving future generations

We'll also help you maintain flexibility in your plan, recognizing that charitable organizations and family circumstances can change over time.

While estate planning often focuses on what happens after we're gone, charitable giving allows you to start building your legacy today. By thoughtfully incorporating philanthropy into your Life & Legacy Plan, you can create positive change that extends far beyond your lifetime while potentially providing tax benefits for your loved ones.

How We Help You Create a Meaningful Legacy

As a Personal Family Lawyer® Firm, we help you create a comprehensive Life & Legacy Plan that includes charitable giving strategies aligned with your values and goals. We'll work together to ensure your philanthropic wishes are properly documented and structured for maximum impact, while keeping your family out of court and conflict. With your charitable giving plan in place, you can rest easy knowing you've created a meaningful legacy that will benefit both your loved ones and the causes you care about most.

Click here to schedule a complimentary 15-minute consultation and learn how we can help you create your charitable giving legacy:

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Will Christoferson 12/9/24 Will Christoferson 12/9/24

Common Estate Planning Questions Part 2 of 2

In this second installment of a two-part series, I’ll answer the most common questions about asset ownership and management. I’ll also outline ways in which you can make things as easy for your family after your death. Read more…

When it comes to planning for your family's future, the options can feel overwhelming. Should you get a will? Create a trust? And what happens if you do nothing at all? These aren't just academic questions - your choices today will impact your loved ones tomorrow. In this second installment of a two-part Q & A series, I’ll break down the key differences between your primary estate planning options and explore practical ways to ensure your family is protected, no matter what the future holds. So, let’s dive in, beginning with a question about the basic estate planning documents.

Q: What is the difference between a will, living trust, and dying intestate? And what does that mean, practically speaking?

A: If you die without an estate plan, you do have a plan - it’s just the plan chosen for you by the state, and you may not like it. Almost certainly, your loved ones won’t like it because it means they’ll likely need to deal with a court process called “probate.” When you die without a will, it’s called dying “ intestate,” and it means that your assets are distributed according to state law after a process in which a judge decides who gets what. This could mean your assets would not go to the people you choose in the way you choose, and your family could face a lengthy, expensive, and public court process during an already difficult time.

A will is your basic instruction manual for what happens to your assets after you die, but it still requires your family to go through the probate process. While a will allows you to name guardians for your minor children and specify who gets what, your “executor” or “personal representative” must file the will with the court and potentially wait months or even years before receiving your assets. Plus, everything becomes public record - so anyone can look up what you owned and who got what, leaving the inheritors open to predators.

If you create a trust, your assets can be passed to the people you choose without a court process and completely privately. Think of a trust like a container that holds your assets during your lifetime and then, upon your incapacity or death, a successor trustee you’ve named can step in to handle your assets, manage your affairs, and pass your assets to your chosen beneficiaries. With a properly funded trust, your beneficiaries could receive their inheritance within weeks or months instead of months or years.

Q: Is probate always required when someone dies?

A: The necessity of probate depends largely on how your assets are titled when you die and the total value of assets that are in your personal name at the time of your death. Assets that are solely in your name with no beneficiary designation must go through probate, and the distribution must be ordered by a Judge. There are some exceptions: jointly owned property automatically passes to the surviving owner, assets with named beneficiaries (like life insurance policies and retirement accounts) go directly to those beneficiaries, and assets held in a properly funded living trust transfer according to the trust's instructions, without court involvement.

These issues can be complicated and have a huge impact on your loved ones, so it’s important to work with a trusted advisor who can help you understand your goals, and then properly structure your assets to accomplish your goals, especially if you want to keep your family out of court and out of conflict. Keep reading to find out how I can help.

Q: What if I’m uncomfortable talking about death and money?

A: While it's completely natural to want to avoid thinking about death and avoid talking about money, not planning for the reality of death or a possible incapacity before death can leave your loved ones with an expensive, time-consuming mess to clean up during what will already be an emotionally difficult time. Here's what you absolutely must know:

First, if you become incapacitated or die without a plan, the court will make all the decisions about your care and your assets according to state law, not according to what you would have chosen.

Second, if you have minor children and no estate plan, the court will decide who raises your children and who takes care of the assets you leave behind, all without your input. Think about that for a moment. A judge is a complete stranger to you and your kids, yet that’s who will decide your children’s future - who makes decisions about their education, their health matters, and their financial affairs. And, then, whatever you leave behind and whatever is left after the court process goes to your children when they turn 18, without protection (i.e., they’ll be free to spend it all as quickly as they want). If that concerns you, you need a plan of your own.

Third, your family will likely have to spend significantly more time and money dealing with your affairs if you don't have a plan in place than if you had taken the time to create one. The good news is that creating a plan doesn't have to be overwhelming or uncomfortable—working with a trusted advisor who can guide you through the process step by step can actually bring you peace of mind, knowing you've taken care of the people you love.

Q: How can you minimize the stress to your family by handling these matters in the simplest way possible?

A: The best way to minimize stress for your family is to create a clear, comprehensive Life & Legacy Plan before anything happens to you. Many people think creating an estate plan will be stressful, but it's actually the lack of planning that creates the most stress for families.

When you work with me as your Personal Family Lawyer®, I make the process simple:

First, I help you get clear about what you own and what would happen to everything you own and everyone you love (including yourself) when something happens to you. Then, I support you to make informed, empowered choices about who should receive your assets, who should be in charge of carrying out your wishes, and how you want it all handled. Finally, I help ensure your plan will actually work when your family needs it by supporting you to review your plan regularly as your life changes and ensuring we maintain an updated inventory of your assets to ensure none of your assets are lost to the state due to oversight, after your death.

Beyond creating the right legal documents, I’ll support you in other ways to make things easier for your loved ones. I’ll help you document specific wishes you have for personal items with sentimental value and to have conversations with your loved ones about your choices so there are no surprises later. We’ll conduct a Life & Legacy Interview so you can pass on your values, insights, and stories - the intangible (and most important) assets that are often lost when someone dies. Most importantly, I will be there for your family when you can't be there, to guide them through the process and ensure your wishes are carried out properly. This is the power of our Life & Legacy Planning® process.

How We Help You Create Peace of Mind

As your Personal Family Lawyer® Firm, we understand that thinking about death and money can feel overwhelming. That's why we've created a simple, step-by-step process to help you get your affairs in order and ensure your family is protected. Our Life & Legacy Planning process goes beyond just creating legal documents - we help you make informed decisions about your family's future, keep your plan updated as your life changes, and ensure your wishes will be carried out properly when the time comes. Most importantly, we'll be there for your family when you can't be, providing the guidance and support they'll need during a difficult time. You'll gain peace of mind knowing you've done everything possible to make things easier for the people you love.

Click here to schedule a complimentary 15-minute consultation to learn more about how we can help:

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