Category Archives: estate planning

18-Year-Olds Need Estate Plans, Too

Every adult needs at least a few basic legal documents to provide for her own medical and financial affairs.

Once a person turns 18 years old he becomes a legal adult. This matters from an estate planning perspective because:

  • Parents or legal guardians lose their right of access to information about that young adult.
  • The young adult loses the automatic right of the parents or legal guardians to advocate on his behalf.
  • If the young adult needs assistance with medical care or financial advocacy, such as in the event of an emergency, the parent or legal guardian will be unable to do so without legal authorization.

That’s why every young adult needs at least a very basic estate plan. With proper legal authorization, parents and legal guardians can continue to support and advocate for their children and gain access to their medical, financial, and digital information.

A basic estate plan preserves good relationships between different family members who may not agree with one another about the young adult’s stated wishes.

Every young adult should have at least some basic legal documents that provide the adults of her choosing the authority to:

  • Manage her financial affairs such as paying bills, requesting statement copies, and renegotiating contract or lease terms when she just wants helps and in case of an emergency;
  • Access her online banking and other electronic, financial accounts;
  • Access her protected health information;
  • Consent to or refuse medical treatments and procedures if she cannot do so herself;
  • Serve as her spokesperson regarding her end of life wishes;
  • Consent to donating her organs;
  • Arrange for her cremation or burial;
  • Organize the details of her memorial service according to her preferences;
  • Post notices to and/or memorialize, download copies of, or close out her social media accounts;
  • Specify who should receive certain sentimental pieces of personal property, like jewelry, collections or mementos.

 

Spring Cleaning? Dust Off Your Old Estate Plan With this Checklist

DGVE law’s March workshop featured a checklist for dusting off your old estate plan.  Here are some details to help you evaluate whether your plan will do what you need, and when. 

  • My legal documents were drafted by a Massachusetts attorney following a review of my family and financial circumstances and a personal consultation with me to clarify my wishes and create a custom-tailored plan to suit my unique circumstances. In other words, it’s not an online DIY plan.
  • My legal documents were created and I formally signed (in the presence of 2 totally disinterested Witnesses and a notary public) in Massachusetts after March 31, 2012.
  • My estate plan is written in plain English. I understand it and review it myself periodically to make sure it stays current.
  • I have reviewed my legal documents with my attorney in the past 3 years or less.
  • My spouse has not died and I have not: had any major health changes, had another child, had a grandchild, divorced, remarried, received an inheritance, moved, changed jobs, won the lottery or come into some other type of financial windfall, or been sued or threatened with a lawsuit since I last reviewed or updated my estate plan.
  • If my spouse wants to remarry after my death, I am confident (s)he will sign a prenuptial agreement to ensure that the assets I leave behind go to my child(ren) and not to any potential step-children or children with the next spouse.
  • I remain confident in the choices I made regarding which people will serve in what order to manage all of my assets in the event of my incapacity and after my death. I have named multiple backups or provided for succession to avoid a vacuum in the management of these affairs.
  • I have a Personal Property Memorandum and I know where it is and what to do with it.
  • I remain confident in the choices I made regarding which people will serve in what order to express my medical and end of life wishes and advocate on my behalf during my incapacity and after my death. I have named multiple backups.
  • If I were in an accident, emergency responders would have access to my medical documents and information and know whom to call for assistance right away.
  • I have legally appointed temporary, emergency guardians for my minor child(ren) in the event of an accident or situation in which I am unable to travel/return home. I have provided for my children to remain in our family’s home in such an event so my child(ren) is not further traumatized by being removed from comfortable and familiar surroundings.
  • I have legally appointed permanent guardians for my minor child(ren). Note: Godparents don’t count legally. Bonus points if your children are still minors and you’re not sending an adult child to live with Aunt Sarah.
  • I have legally appointed permanent guardians for my minor child(ren) outside of my Will to facilitate the quick resolution of that matter and establish permanency and minimize secondary traumas for my child(ren) as quickly as possible in the event of such a tragedy.
  • I have made arrangements and my wishes known regarding my stored genetic materials (sperm, eggs, embryos).
  • I have provided for my minor children’s guardians’ financial needs to help accommodate my children (e.g. new car, adding a bathroom or home addition, moving to a larger home, etc.).
  • I have considered how my child(ren) and my guardian’s might be economically situated relative to one another and have provided for my guardian’s child(ren) to also use some of the resources I leave behind so that they can benefit similarly in furtherance of their interpersonal relationships.
  • I have made provisions to maintain both sides of the family and lifelong, dear friends in regular visitation and communication with my child(ren).
  • My minor children’s caregivers know whom to call and what to do in the event of an emergency.
  • My college-age / young adult child(ren) have their own basic estate plan so that I can advocate for and assist easily on behalf of the child(ren) in the event of an emergency.
  • My loved ones will know where to find my estate plan and where to turn for help if I am incapacitated and after my death.
  • If my “nuclear” family and I were all to die, I feel good knowing where all of my assets would go and that the receipt of those assets wouldn’t cause any unintended consequences.
  • After ensuring I have provided adequately for my family’s needs, I feel good knowing that I have made provisions to recognize charities in my plan that align with my values and beliefs.
  • I am confident my loved ones will understand my end of life wishes and that deciding those important matters won’t cause them unnecessary pain or lead to potentially relationship-damaging disagreements amongst them.
  • I am confident my estate plan is structured to help my loved ones avoid the necessity for working through the court probate process, with all that entails, to inventory and gain approval for the distribution of all my assets after my death.
  • All of my assets are properly titled and/or beneficiary designations made in accordance with my plan. For example, my trust is fully funded and my life insurance policy and retirement plan beneficiaries are up to date and work in conjunction with my Trust or Will.
  • I have not named any loved ones who are minor children or disabled as beneficiaries of my estate, life insurance policy, nor retirement plan.
  • I understand the differences between Massachusetts and federal estate taxes and am confident my estate plan will help minimize those that may be due after my death.
  • My estate plan reflects my personal wishes regarding the use of my assets to provide for my surviving loved ones (i.e. the who, what for, when, why, & how of it all).
  • I have taken steps to ensure that my younger child(ren) are able to benefit as my older (child)ren and that my assets are able to be distributed to each child taking into account relative needs and their own independent resources rather than a sterile, mathematical division based on a presumption that equality of love translates to equal division of assets.
  • I am comfortable that my current plan will protect my spouse and/or children’s future inheritance from both curiosity seekers as well as those who might wish to prey upon them during periods of vulnerability.
  • I am confident my children’s inheritance is protected from loss from their own immaturity, potential addiction, divorce, lawsuits, and creditors.
  • I feel good about having documented my life’s values and left a lasting memento and legacy for my surviving loved ones for generations to come.
  • I have provided guidance and authority to manage my social media accounts, access my devices and their contents, online banking and payment accounts, etc…
  • I have provided for my pet(s)’ care in the event of my temporary incapacity and after my death. I have considered the best way to leave assets to assist with that ongoing routine, reasonable care.
  • I have included provisions to account for future changes in the law, tax codes, and to address minor corrections at a much reduced cost and without the need for formal court involvement.
  • I have included careful language to discourage people in my life who might disagree with my choices or feel entitled to some of my assets from challenging my estate plan in court.

If you don’t feel you’ve checked off enough of these to feel confident in the adequacy of your current estate plan, please contact our office to set up a Peace of Mind Planning Session so we can review your existing plan in personal detail and see what needs updating to better reflect your wishes now.

(781) 740-0848
info@dgvelaw.com

Should We Have Joint or Individual Revocable Living Trusts as a Married Couple?

Should We Have Joint or Individual Revocable Living Trusts
as a Married Couple Estate Planning Together?

I’ve been getting this question a lot lately: Why shouldn’t we, as a married couple who have had all joint accounts and joint ownership, just have one joint revocable living trust instead of separate or individual revocable living trusts?

Joint revocable living trusts can and do make sense for some married couples some of the time, just like Wills rather than trusts sometimes make more sense in a given situation. It is always important to review all of your personal family and financial circumstances with your estate planning lawyer to be sure that you have a complete and accurate understanding of how and why one approach may be better suited to you than another.

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To broadly generalize, however, here are 8 reasons I would recommend individual living trusts rather than a joint trust for a married couple planning together:

1. If you and your spouse are likely to have over $2M combined total assets in your estate (including the value of any life insurance policies that would have paid out upon your deaths and the value of all retirement accounts), this is a way to minimize the impact of the Massachusetts estate tax (which has a $1M threshold for filing and an upper tax rate of 16% on the adjusted total assets in your estate).

2. If you and your spouse are likely to leave a combined total of over $10.86M, as the federal estate tax currently stands, then this is a way to minimize the effect of the federal estate tax as part of your overall estate plan. Note that the federal estate tax has been in existence for about a century in one way or another, but this is the highest exemption amount we’ve ever had and being the political hot button topic that it is, there is no guarantee that the present exemption or tax rates will stay where they are. In fact, if the last 15 years have demonstrated anything (going from a $1M exemption and 55% tax rate in 2001 to the present levels), it’s that the federal estate tax is highly likely to shift around, sometimes rather dramatically! Without a crystal ball the best we can do is to draft very flexible plans and keep a lookout for all the possible chances that may occur.

3. It is easier for your surviving spouse and/or trustee to determine, in consultation with your estate planning attorney, your CPA, and your financial advisor working together as a team, which assets to fund into which irrevocable subtrusts to take into account the laws as they exist at that time of your death. If the assets were held in a joint trust, your surviving spouse and/or trustee would not be able to move assets held jointly into the credit shelter or family trust or it could invalidate the tax exemption status of that entire subtrust.

4. When you die, you’re not around to change the terms of your trust anymore, so at that point, your trust becomes irrevocable at least in part. The portions of your trust that would benefit your surviving spouse and your children, if applicable, become irrevocable. If you have a separate revocable living trust, you can still amend your own trust even after the death of your spouse. This provides a surviving spouse with more flexibility and autonomy than a joint trust would.

5. If yours is a second or subsequent marriage and/or blended family, you and your spouse may not have the same plan for distribution and the flexibility you have to make somewhat different plans can avoid some potential family drama.

6. To minimize estate taxes, you will have to divide assets at some point. I believe that it is probably a lot easier to cherry-pick and split up assets now, while you are in full possession of your faculties and not in the process of grieving the loss of your spouse, than it would be in the relatively immediate aftermath of his or her death and without his or her assistance with the process.

7. If you or your spouse came into the marriage with substantially unequal assets, separate trusts can also be a way to maintain the character of those separate assets and ensure that they end up where you ultimately intend.

8. There are also some questions, and potential traps, regarding the character of assets contributed to a joint trust as opposed to separate trusts. For examples, depending on the language and provisions of the trust itself, it may not be explicitly clear what portion of the assets in a joint trust should be attributed to the deceased spouse vs. which portion of those assets would be considered part of the surviving spouse’s estate, and contributions to a joint trust may be counted as a taxable gift to your children or other secondary beneficiaries.

After a full examination of your current family and financial circumstances and a personal discussion with you about your goals and priorities in terms of your estate plan, your attorney will be able to help you make the best informed choices about which type of plan best suits you and your family.

The End of an Era of Mad Men

SPOILER ALERT! If you haven’t already watched the series finale of Mad Men, don’t read on just yet!

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Roger Sterling inherited more than just his father’s wealth; Roger inherited his father’s name. With that name hanging proudly on the side of the Madison Ave ad agency his father founded, Roger also inherited the title of Managing Partner at Sterling Cooper (turned Sterling Cooper Draper Pryce).

Roger has one daughter, Margo, and by her one grandson, Ellery. Ellery has his father’s last name, not Sterling’s, ending the family blood line name in an era when that still mattered very much to most. Then Margo rejects everything about her former life even her name, becoming “Marigold” instead, after leaving her husband and Ellery to live in a hippie commune.

JRK

Roger also has a son who is younger than his grandson. Having been conceived and born of an affair both he and his son’s mother, Joan Holloway Harris, wanted to keep quiet, Kevin bears the last name of a man who never was any kind of father to him at all. Roger tries to help take care of his son financially and even to be in his life, but in an effort to protect Kevin, Joan keeps Roger at a safe emotional distance.RS

Decades of living like he was on shore leave from the Navy haven’t changed Roger a bit, but something finally has and he tells Joan he is changing his Will. Roger asks Joan not to disclaim or reject the inheritance he wants to leave to provide for their son Kevin (and Ellery). Joan gratefully accepts, realizing that that gift spells freedom for her to pursue her own dreams without the fear of risking her son’s security.

JK

And with that, Holloway Harris is born, with 2 names from the same woman, a pioneering working mother in a mad era that required the right combination of names just to be taken seriously.  Farewell, Mad Men, you will be fondly remembered and sorely missed.

Final Wishes for Mad Men

{Spoiler alert! If you’re not up to date on Mad Men, you don’t want to read this yet!}

Cancer sucks. Chemotherapy sucks. Radiation sucks. There seems to be pretty universal agreement about these matters. But the choices about whether, when, and how to pursue or forgo treatments are far more complicated. What type(s) of cancer? Where and how far spread? What are the chances of getting the cancer into remission? What is the life expectancy for that type of cancer? What does the quality of that life that’s left look like? As Betty Draper put it in the series penultimate episode poignantly on this Mothers’ Day, “and what would that year be like?”

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What would you miss? What could you not bear to risk missing under any circumstances? What access to medical care do you have? What financial resources do you have? What social support resources do you have? Given the same diagnosis, would you choose the same path as Betty Draper? Does your family know what you would really want? How do they know? And what if they don’t agree with you or with one another?

Betty Draper didn’t win any awards for Mother of the Year. And in particular, her relationship with her daughter, her oldest child, is far from enviable. At best Betty was coldly indifferent and apparently annoyed by the practical daily burdens of parenting (despite having more paid help than most of us can imagine having). At worst she was cruel. In this second to last episode of the Mad Men series, it physically hurt to watch Betty glare and walk right past a stunned Sally who had come home to try to help after learning of her mother’s diagnosis.

After that brush, Sally reacts to her mother’s assertions that she will not pursue treatment by suggesting the reason is because Betty “love[s] the tragedy.” Clearly Sally’s sympathies have been dulled by a lifetime of other interactions with her mother. In that moment it is clear that Sally accepts Betty’s decision as final. Betty’s husband, Henry, however, is a politician who has worked hard to attain power and does not believe she should concede the fight so easily, challenging her, “What do you think would happen if Nelson Rockefeller got this?” to which Betty quickly replies, “He would die!” Alas, money and power can only buy so much.

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In fact, it is Betty who shows true agency and command here. A few hours later Betty asserts her strength and independence to Sally explaining that knowing when to quit is not the same thing as being a quitter. Reminding Sally of having watched her own mother die, Betty promises not to force Sally to endure the same. Then Betty hands Sally an envelope saying, “These are instructions. Open it the minute you know I’m gone. [ ] Listen to me. Things happen very quickly when people die.”

Betty isn’t sticking her head in the sand refusing to hear or accept the devastating news. Instead, she is facing it with her signature dispassionate composure. Rather than spending her final days “as the battlefield for a futile war,” as John Teti for the AV Club so aptly put it, Betty chooses to follow her own path and do what she had always wanted to do instead. Before watching Betty head back to her college psychology class, we the viewer hear her final wishes voiced over in her detached monotone delivery:

“[ ] you must immediately tell the hospital and the funeral director that I’m to be interred intact in the family plot in West Laurel. Uncle William has the details from Grandpa Gene’s burial. I’ve also enclosed a portrait from the 1968 Republican Winter Gala. The blue chiffon I wore is my very favorite. I hung it in a gold garment bag in the hall closet beside the mink. Please bring them the lipstick from my handbag and remind them how I like to wear my hair. Will you show them the picture? [ ] I love you, Mom.”

Sally Draper reading Betty Draper's final wishes

Why did Betty choose to place that burden on her young daughter rather than on her powerful politician husband who has been the most stable force in her life in a long time? Betty explained to Sally, “Henry’s not going to be able to handle things.” And perhaps that letter helped Sally understand and begin to develop newfound compassion for her mother.

By memorializing your final wishes such as details surrounding your preference for burial or cremation, you can help ensure your surviving loved ones aren’t left wondering or debating it in your absence. And by writing a heartfelt letter to your loved ones, you can help explain why you made the choices you did, how you see yourself and your loved ones, and what you want them to remember about you. Because the courage it takes to sit down and actually write a letter like that is uncommon, I have another method I use to help my clients complete their estate plans with that most essential piece, memorializing who they are, what is important to them, and why they spent the time, energy, and money on a Will or Trust and estate plan at all. Because that is almost never something we do for ourselves; we do it for the people we love the most.

It Would Have Been Us

The following is a guest post by Bob Beal.  Many thanks to Bob for keeping in touch and sharing this with us to illustrate why this type of planning is so important not just for the what-ifs, but also for the genuine peace of mind.  We are so happy that this beautiful family is OK.

In the Winter of 2011, my wife and I sat down with Danielle to put together a plan that would make sure our 2 children were taken care of if we ever weren’t around anymore.  It was a challenging task but it needed to be done.  Danielle put together a wonderfully laid out arrangement that we are completely comfortable having for our family.  Little did we know that just having it in place would bring us such comfort so fast. When you confront you own mortality things get pretty serious, pretty quickly.

One year later in March 2012 my wife and daughter were involved in a life-threatening “jaws of life” level car accident. Our medical documents were tested and having our plan in place brought a measure of immediate relief to an otherwise awful situation.

Then this past August we were on a family vacation in the Rocky Mountains in Colorado. Late one afternoon were returning from a day trip to Aspen, driving along a four lane highway with a jersey barrier dividing the east bound from west bound lanes. My 8 year old daughter was complaining about starting to feel car sick so we moved her to the front passenger seat knowing it wasn’t the safest place for a child to sit but not wanting her puking in the car then either.

Bob

Just about then, my wife, who was driving, moved into the right lane to let a motorcycle pass us. He wasn’t speeding or doing anything wrong; he was just a guy out on his Ducati going down the road. He opened up a gap of about 50 to 75 feet ahead up us and coincidently the jersey barrier stopped at that same point.  A white Ford coming east bound veered over into his lane and it was a direct hit, a head on collision of two vehicles both going highway speed.  It was instant. It was violent. It was brutal.

The oncoming car went by us in the wrong direction with a gap of about five feet, the length of a typical house broom.  Our car was hit with debris from the bike. My wife managed to stop our car on the shoulder, in the grass.  The Ducati was laying there still running, badly leaking fuel.  I walked over and shut it off while my wife stayed with our kids, who were understandably terrified, trying to reassure them that we were all okay.

Without going into more details, we all had an avalanche of “what if” scenarios playing out in our minds for at least the next few days.  The most chilling of which was that if the Ford hadn’t hit the motorcycle, it would have been us that were next in his path. An experience like is difficult to make sense of.  We repeatedly came back to our planning with Danielle as a huge source of comfort.  If something tragic ever happened, we knew what would take place and that our children would be taken care of. We still talk about it once in a while, but we also reassure our children that we love them and have made sure that they are going to be all right, no matter what.

How Much Does a Simple Will Cost? (Redux)

Last Will And Testament

At least once a week we see or hear the same question and though we’ve addressed it before, it seems worth repeating.  In the interest of time, rather than write out another full- sentenced blog post on the subject, I’m simply copying and pasting here from the answer just wrote personally responding to this question in a local moms’ group of which, as a mother of 4 young children now between the ages of 1 and 10 (oh my head, my 1st baby just turned 10! I’m still processing this from a couple days ago), I’m a member:

“I agree it’s really hard to just quote a fee without knowing more. Here’s (a long-winded answer – sorry!) why. If you are just looking to plug your names into a couple standard documents, you can probably do it free or very cheap yourself. Then you can wait & see what happens, eventually. Actually, by the time those documents are tested you’ll necessarily be incapacitated or dead (that’s when the documents come into play). A better plan is to seek legal counseling to help you make the most informed choices for your own family based on your unique family and financial circumstances and for that you will need a lawyer who practices in this area of the law (“estate planning”) all or most of the time who will know what questions to ask you so she can spot the issues unique to you and help counsel you through the choices you will need to make (& if she’s good, there will be a lot of questions & a lot of choices!). For examples: what kind of will are you really talking about – just 1 will or 1 for you and 1 for your spouse? simple or pourover into a trust? do you have any children with another partner or does your spouse? are either of you remarried? do you expect anyone to challenge your wishes? what if your spouse wants to remarry if you die? will your Will have a testamentary trust in case you & your spouse both die while your children are still minors? how do you make decisions about who to name for what roles under your plan? who will care for the children and who will handle their money for them – the same person or different people? what if you & your spouse can’t agree – how do you find a solution to that? what if you’re not married – what legal rights do both of you have? do you care about paying estate taxes? do you even know if you might have to? are there other legal documents (perhaps more urgently important than a will, which only comes into effect after you’re dead) included (medical directives, powers of attorney, guardianship for minors etc.), what if you’re pregnant and incapacitated? will you ever hear from your lawyer again? what if your circumstances change (they will)? what if the laws change (they will)? how will you be notified & know to make changes? where will you store all your documents & how? how will you notify and explain all of this to the people you want to take care of you? are there things you really want to say to the people you love or tough explanations you need to make & if so, is your lawyer going to show you how and help you do that? What everyone really needs is an estate plan, which includes a Will that may or may not be simple, depending on all the circumstances involved. For more info. about all this you might be interested to read some of the materials on my website here: http://www.dgvelaw.com/e-courses.html And fortunately in this area there are a lot of lawyers so it becomes a matter of finding the right combination of skills, experience, and “fit” between you and your lawyer (like you would in seeking a doctor for ongoing consultation and care). Good luck!”

Astrid Is Doing Remarkably Well!


As most of you know by now, DGVE law‘s Client Liaison and Paralegal, Astrid A. Muhammad, had brain surgery at the end of August to remove a benign but invasive brain tumor.  Within days she was texting me to check on clients and firm matters!  It’s been just over a month and already she cannot lie idle, so Astrid is back to work part time, helping keep me and your matters on track.

For those of you who don’t know, Astrid and I met in high school, lost touch for about 15 years, then reconnected through the positive wonders of Facebook.  Serendipity brought us back together in 2009 when Astrid became the first additional member of the DGVE law Team.  In the 5 years since she has become not only my right arm, but also a very dear friend. Astrid is the type of person that inspires you to be your best self.

Astrid, her family, and I have felt and been uplifted by and are so grateful for your expressions of sympathy, your kind wishes, and your encouragement over the past few exceptionally challenging months.  She still has a considerable amount of recovery road left to travel, including relearning how to walk without a cane, regain full hearing, and lose the facial paralysis she has suffered as a result of all this, but she is confident that she will be back teaching Zumba and running marathons as soon as humanly possible.  With the positive and inspirational attitude Astrid has maintained throughout I have no doubt she will.

Meanwhile, so many of you have asked me how you could help. Astrid’s husband and two young children and both sides of their families have helped as much as possible.  Her husband’s family is here on the South Shore (feel free to lobby hard for them to move back here!) and her mother is down in Florida.  Though we can’t easily deliver meals for Astrid and her family or help with rides for the kids to and from their after school activities from here, we can help make things a little easier for them despite the miles. After much trial and error, this is what I’ve struck on as the best way to help: https://www.youcaring.com/astrid 


Thanks so much in advance.  As we so often comment to one another, we have the best friends and clients!

Sincerely,

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“it’s not about what you have, it’s about how much you care"

October 20-26, 2014 is 
National Estate Planning Awareness Week

Attorney Danielle G. Van Ess of the family-friendly, Hingham, Massachusetts law firm DGVE law, LLC wants to help you “protect your family, yourself, and your stuff.” She explains, “it’s not about what you have, it’s about how much you care. You care about who makes your medical decisions for you. You care who takes care of your children. You care about preserving whatever you have to use throughout your lifetime. You care about what you leave behind to whom, how, and when.”


If your children are minors you worry about who would raise them into adulthood. If your child just became a legal adult, you worry that, without his or her own basic estate plan in place, you lack access to financial and medical information to help him or her. If you have a child with special needs you worry about who would know everything you do about your child and how to ensure your child’s needs are always well met. If you have an adult child with a history of less than stellar financial management skills, addiction, gambling, or who may be divorcing, you worry about lost assets.

 More people are sued than ever today. We know most doctors will be sued sometime in their careers, but increasingly so will financial, accounting, real estate, and IT professionals. Car accidents, slip-and-falls, and accidents involving other people’s children are all real threats. The time to protect your assets from possible lawsuits is before you think you might be sued, before it is too late, and the way you try to protect your assets determines your likelihood of prevailing. Some DIY efforts, such as titling assets in your spouse’s name or establishing a family LLC or LLP without ensuring it owns the assets nor maintaining required formalities just provide false confidence and will likely fail to provide asset protection.


You may worry about how to pass significant resources to your loved ones without causing unintended consequences such as disrupting family harmony. Your estate planning attorney can help you design a plan so each family member can enjoy your cherished vacation home without disagreements far into the future. If you have always been charitably inclined, you can plan to support charities dear to your heart while also ensuring your loved ones are well provisioned. If you have a trusted financial advisor and CPA, your lawyer can and should work together with them as a team on your behalf to help you make your dreams for the future come true. Or you may worry about having sufficient resources to support yourself through retirement, possible long term medical expenses, remaining in your home as long as possible, and preserving your hard-earned resources for your loved ones. While you may not feel like you have enough to worry about estate taxes, you just might and perhaps ironically the less you have the more important it may be to preserve it to protect those you love.

Despite all these important reasons to meet with an experienced estate planning lawyer to learn how the law views your family or financial circumstances, whether your current plan is likely to achieve your goals, and what your options really are, most Americans mistakenly believe they do not need even a simple Will. Far too many Americans have stale, old estate plans that no longer reflect their current personal circumstances, especially given recent sweeping changes in the law.

In 2008 Congress passed a resolutionproclaiming the third week of every October as National Estate Planning Awareness Week noting, “Many Americans are unaware that a lack of estate planning and financial illiteracy may cause their assets to be disposed of to unintended parties by default through the complex process of probate.” With a comprehensive estate plan and financial roadmap for success, Van Ess says, “you can control your own assets during your lifetime, designate the people you want to care for you and provide for your loved ones if you’re ever incapacitated, and make sure that after your death you leave what you want to whomever you want how and when you want, all while ensuring there are more assets left rather than wasted on unnecessary expenses.”


Because there is so much more to an estate plan than just filling in forms, you need to find a qualified lawyer to assist you. Van Ess is passionate about educating and empowering her clients. Says Van Ess, “Just as we as patients seek the right bedside manner in our doctors, we need to find the right deskside manner in our lawyers. Once we find that lawyer we can say with confidence ‘I want to talk with my lawyer’ and it takes away so much unnecessary worry, replacing it with true peace of mind and comfort of heart.”


About Attorney Danielle G. Van Ess and DGVE law®
Raised on the North Shore in Swampscott, Massachusetts, Van Ess graduated with honors from the George Washington University in Washington, DC then met her husband, Chad Van Ess, Senior Counsel for the Acushnet Company, comprised of the Titleist and Footjoy golf brands, in 1998 as classmates at Boston University School of Law. Danielle “got her passport stamped” and moved with Chad to Hingham on the South Shore in 2006 where they laid down firm roots and are raising their four daughters, ages 1 through 9. Danielle established her law firm, DGVE law, LLC in their family home on East Street on September 1, 2008. For over six years now DGVE law® has been proudly “helping people add to, protect, and move their families”® by providing high quality professional legal services in the areas of adoption, estate planning, and residential real estate. For the right, truly passionate entrepreneurs, DGVE law® is also “helping you build, grow, and nurture your business.”
       
For more information, please visit: www.dgvelaw.com, like us on Facebook, or call: 781-740-0848.

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Life Is What Happens To You While You’re Busy…

John Lennon said it best. 
john lennon

Here we are just trying to survive the daily grind while we enjoy every other minute of it and dream of the future (all at the same time).  How many of you are reading this on the laptop on your kitchen counter with children crawling underfoot or running around you?  How many of you are sunk into a comfy chair reading it on your iPhone?  How many of you are up in the middle of the night nursing a baby back to sleep while you read this?

And if we’re not there, we’re on the floor under the highchair cleaning up the remains of one of the three meals and two snacks our toddlers enjoyed as a total sensory experience.  We’re trying to do some dishes and answer the phone while listening to our preschoolers tell us about the amazing everyday things they observed earlier that day.  We’re imagining our elementary school-aged children as teenagers and dreaming of the day we can ever sleep in on a weekend again (note to parents of older children: please do not burst my bubble here! I have to believe sleep will come again some day!).

We get so busy with all the immediate details of our lives, so caught up in planning our children’s birthday parties, coordinating playdates, signing our kids up for after school activities and lessons and carting them all over the place to do so.  We pour our everything into our families and our homes, but life is what happens while we’re busy making other plans.  If anything ever happens to us and we’re left incapacitated or dead, without a good plan in place to protect our families, everything else will just stop and likely fall apart.

My friend and colleague, Portland, Oregon Estate-Planning Attorney-Mama Candice Aiston, recently wrote another excellent blog post about how estate planning is an investment in our families’ futures.  She talks about what we’re doing trying to survive, thrive, and prepare for our families’ futures.  I invite you to read it on her blog here.