Estate Planning for Everyone

I t’s the start of a new year, which means tax season—and this year’s April 17th IRS filing deadline—is just around the corner. Soon you’ll be receiving tax forms such as your W-2 or 1099s, and you’ll start thinking about the life events that could affect your taxes in various ways. This flurry of tax prep activity is the perfect opportunity to get your estate plan in order, too, and kill two birds with the proverbial stone. Why? Because as you run down your list of “tax prep” questions, you will find that your answers could also impact your estate plan. Some things to think about: Did you get married or divorced? Did any of your children or grandchildren? Did you welcome a child or grandchild into your family by birth or adoption? Have any of your children or grandchildren reached the age of majority? Have you dealt with illness or hospitalization? Have you incurred medical expenses? Did you buy or sell a new property or any other major assets, like a vacation hom...

Hello everyone and a happy 2018 to you! I hope you enjoyed the holiday season and this new year is off to a terrific start for you and your loved ones, thus far. I would like to consider a few items to watch regarding estate planning for 2018, so you and your family can be completely protected. The Death Tax The death tax has been in a state of flux ever since the early 2000s when the Bush administration’s first tax cuts changed the exemption and tax rates. The recently-passed Tax Cuts and Jobs Act is the latest significant change. Starting January 1, 2018, the estate tax exemption amount will double to $11.2 million per person (married couples have $22.4 million of combined exemption). Like the current exemption, this amount will adjust annually for inflation. However, this enhanced exemption expires on December 31, 2025, at which time it will return to an amount similar to the $5.49 million per person exemption we’ve had in 2017. Similar to what happened when the Bush tax c...

The best time to share your family history with loved ones is right now, before the memories are forgotten. The coming holiday season is a great opportunity to reminisce because you’ll probably have your loved ones nearby. While you can always pull aside children and grandchildren for a chat about family history, did you know you may also be able to use a personal property memorandum in your estate plan to pass along special memories and stories about specific items that are meaningful to you and connect your family with the past? What Is a Personal Property Memorandum? Many states allow you to include a “personal property memorandum” in your estate plan. This supplemental document, specifically referenced in your will or your living trust, lets you describe which personal property items you wish to leave to heirs, without having to call your lawyer and arrange for a meeting. You can handwrite or type this document, but it must be signed and dated to be valid. In conjunction wit...

The idea of implementing an estate plan might be one of the scariest things you have to confront as an adult. But estate planning does not have to make chills run down your spine. On the contrary, estate planning is empowering for both you and your family and allows you to live confidently knowing that things will be taken care of in the event of your passing or incapacity. Remember, estate planning is not just for the ultra-rich. If you own anything or have young children, you should have an estate plan. Read below to find out reasons why. Benefits of Estate Planning Proper estate planning accomplishes many things. It puts your financial house in order. Parents designate a guardian for their minor or disabled children, so they’re raised by someone who shares your values and parenting style (rather than whoever some judge picks). Homeowners can make sure their property is transferred to a designated beneficiary in the event of untimely death. Business owners can ensure the e...

There is a common misconception that estate plans are only for the ultra-rich - the top 1 percent, 10%, 20%, or some other arbitrary determination of “enough” money. In reality, nothing could be further from the truth. People at all income and wealth levels can benefit from a comprehensive estate plan. Sadly, many have not sat down to put their legal house in order.  According to a 2016 Gallup News Poll more than half of all Americans do not have a will, let alone a comprehensive estate plan. These same results were identified by WealthCounsel in its Estate Planning Awareness Survey. Gallup noted that 44 percent of people surveyed in 2016 had a will place, compared to 51 percent in 2005 and 48 percent in 1990. Also, over the years, there appears to be a trend of fewer people even thinking about estate planning. When it comes to estate planning, the sooner you start the better. Below are four reasons why everyone - no matter what income or wealth level - can benefit from ...

Hi, I’m Mark. I’m an attorney based in La Mesa, California, a municipality in San Diego. My main areas of practice are Estate Planning, Trust Administration, Probate, and Inheritance Rights. I wanted to create this blog so I could provide practical considerations to a topic many folks dread thinking about: planning for one’s death. In my blog posts, I hope to put these fears at ease by educating readers on the importance of Estate Planning and how, with their newfound knowledge, they can become empowered to proactively take steps to plan for contingencies in the inevitability of death and the potential for mental incapacity. I will try my best to draft my blog posts in a manner that is easy to understand for individuals who have not attended law school, but also provide enough breath to survey the legal considerations for each topic. It is important to note that the contents of this blog is not meant to be legal advice, but a discussion about general legal topics. Reading and oth...