Estate Planning, Family Law, Trust Administration, and Probate in Santa Barbara County

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Posts in Estate Planning
Naming Godparents Does Not Create Legal Guardians

As a parent, your top priority is the well-being and future of your children. You plan for their education, health, and happiness, and often this planning includes the tradition of choosing godparents to guide and mentor your children if something happens to you.

While selecting godparents is a meaningful tradition in many cultures, it's important to understand that naming a godparent is not the same thing as naming a legal guardian for your children.

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Got Minor Kids in Santa Barbara? 3 Instances When Your Estate Plan Must Include A Kids Protection Plan®

As a parent, you have probably thought about the importance of naming permanent legal guardians for your child in case something happens to you, and maybe you have already done it. If you haven’t yet, take this as the sign that now’s the time to do it, in case the unthinkable happens to you. Here’s a free website where you can name legal guardians for your littles, right now: https://jaapurves.kidsprotectionplan.com/

But in some cases, naming permanent legal guardians for your child may not be enough to guarantee your kids will always be cared for in the way you want by the people you want. And, there may even be a risk of your kids being taken into the care of strangers or someone you would never want.

Read on to find out if that’s the case for your family, and if it is, contact us ASAP to get your Kids Protection Plan in place.

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Flu Season Fundamentals: How to Keep Santa Barbara Seniors Safe This Fall

The fall season is a beautiful time of year, but it also marks the beginning of flu season, which can pose a serious threat to your elderly loved ones. Fortunately, there are several steps you can take to ensure their well-being during the colder days ahead, including making sure you’re able to step in and help them with their medical and financial needs.

Keep reading to find out how.

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Ten Life Events That Signal It's Time to Review Your Estate Plan - Part 2

You might think that estate planning is something you can complete one time and then check off your to-do list for good. But the reality is that in order for your estate plan to work for you no matter how your life changes, your plan needs to change with it.

To make sure any big changes in your life are considered in your plan, I recommend reviewing your estate plan with your attorney at least every three years. But if any major life events happen before then, it’s crucial to have your plan reviewed as soon as possible so it can be updated if needed.

Earlier, we started to explore ten life changes that might affect your estate plan. This week, we’re covering five more life events that mean it’s time to review your plan.

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Use Estate Planning to Ensure Your Legacy Doesn't Get Erased

When you think about those loved ones who’ve passed away, you probably don’t think very much — or even at all — about the “things” they’ve left you. And when they do leave something behind, what you likely cherish most about the object are the memories and feelings it evokes, not the thing itself.

For the founder and CEO of New Law Business Model, Alexis Katz, the most treasured memento her late father left her wasn’t even something he intended to be special — it was just a random voicemail on her cellphone. And the message wasn’t meant to be anything sentimental.

His message simply said, “Lex, it’s your dad. Call me back.”

Following his death, Alexis loved listening to that message to hear her father’s voice. Of all the assets he left behind, that voicemail was what she cherished most.

Until one day, she went to listen to the message and discovered it had been erased — and her father’s voice was lost to her forever. She still recalls that day as one of her worst ever, yet like most painful events, it taught her an important lesson.

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Ten Life Events That Signal It’s Time to Review Your Estate Plan - Part 1

Maybe you thought that creating a Will or Trust is something you can do once and then your family and assets are protected forever after. It seems to be how most lawyers structure their services, so it wouldn’t be surprising if you did think this. You work with your lawyer, they draft documents, you bring them home in a binder or notebook, put them on a shelf or in a drawer, and you never hear from them again. Estate plan, done. But, it’s not, and thinking of it that way could leave your family with a big mess when something happens to you. 

In reality, life events can drastically affect your estate plan and even cause your plan not to work in the way you intended. To make sure your plan remains up to date throughout your life, we recommend reviewing your plan at a minimum of every three years. Because we are so passionate about this, we offer to review our clients' plans every three years for free.

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Why You Need to Add a "When I Die" File To Your Estate Plan

If you were to suddenly die today, would your loved ones know how to quickly find your estate planning documents? Would they know how to access all of your financial accounts? How about your insurance policies? What about your login and password info to all of your digital assets?

One crucial part of estate planning that frequently gets overlooked is ensuring your loved ones can easily locate all of your planning documents and other key assets upon your death or incapacity. One simple way to handle this important task is to create a “When I Die” file. According to A Beginner's Guide to the End: Practical Advice for Living Life and Facing Death, this is a, 

“findable file, binder, cloud-based drive, or even a shoebox where you store estate documents and meaningful personal effects.”

This new book, authored by Shoshana Berger and BJ Miller, was excerpted in TIME magazine, and the excerpt discussed the importance of creating such a file in order to “save your loved ones incalculable time, money, and suffering” upon your death.

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The Real Cost to Your Family: Not Updating Your Estate Plan

This is the fourth in an ongoing series of articles discussing the true costs and consequences of failed estate planning. The series highlights a few of the most common — and costly — planning mistakes we encounter with clients. If the series exposes any potential gaps or weak spots in your plan, meet with your Personal Family Lawyer to learn how to properly address them.

If you’re like most people, you probably view estate planning as a burdensome necessity — just one more thing to check off of life’s endless “to-do” list.

You may shop around and find a lawyer to create planning documents for you, or you might try creating your own DIY plan using online documents. Then, you’ll put those documents into a drawer, mentally check estate planning off your to-do list, and forget about them.

The problem is, your estate plan is not a one-and-done type of deal.

In fact, if it’s not regularly updated when your assets, family situation, and/or the laws change, your plan will be totally worthless when your family needs it. What’s more, failing to regularly update your plan can create its own unique set of problems that can leave your family worse off than if you’d never created a plan at all.

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What the National Debt Ceiling Extension Means for Your Family

You’ve probably heard about the national debt ceiling and its recent extension, but you might wonder what it has to do with your everyday life as a family. While it may seem like a distant matter, the national debt ceiling extension can have a significant impact on your family's financial well-being and future planning. 

So what exactly is the national debt ceiling extension? 

The national debt ceiling is a legal limit set on the amount of money the government can borrow to finance its operations and meet its financial obligations domestically and around the globe. When the government reaches this limit, it cannot borrow more money unless Congress raises or extends the country’s debt ceiling. If the ceiling isn’t raised and the United States can’t pay back its debts, the country’s global creditworthiness is affected as well as financial security abroad and at home.

The National Debt is currently at the tune of $32 trillion with no current substantive or reasonable plan of paying it back. Instead, Congress raised the national debt ceiling on June 3, 2023, which means the United States will not default on its loans. This is good news in one sense but bad news in another. It’s certainly important to understand how the extension of the debt ceiling can still affect the economy and your family. 

Here’s how the national debt ceiling extension can affect the economy, and your family, and what you can do to mitigate the impacts.

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The Real Cost to Your Family: Having No Estate Plan at All

This is the third in an ongoing series of articles discussing the true costs and consequences of failed estate planning. The series highlights a few of the most common — and costly — planning mistakes we encounter with clients. If the series exposes any potential gaps or weak spots in your plan, meet with your Personal Family Lawyer to learn how to properly address them.

When it comes to putting off or refusing to create an estate plan, your mind can concoct all sorts of rationalizations: “I can wait. I’m healthy and I have plenty of time.” “I won’t care because I’ll be dead,” “I’m too young,” “That won’t happen to me,” or “My family will know what to do.”

But these thoughts all come from a mix of egoic pride, denial, and above all, we imagine, a lack of real education about estate planning and the consequences to your family. Once you understand exactly what planning is designed to prevent and support, you’ll realize there really is no acceptable excuse for not having a plan, provided you are able to plan and truly care about your family’s experience after you die OR if/when you become incapacitated.

Indeed, the first step in creating a proper plan is to thoroughly understand the potential consequences of going without one. In the event of your death or incapacity, not having a plan could be incredibly traumatic and costly for your family, who will be left to deal with the mess you’ve left behind. That’s why creating one’s own estate plan is just a part of being a responsible adult.

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