Estate planning
Estate Planning

4 Essential Strategies For Protecting Your Family’s Assets

You might think that only the super wealthy need to worry about asset protection planning. But the truth is that if you don’t have millions, you may be at even greater risk. For instance, if you are a multi-millionaire, a $50,000 judgment against you might not be that big of a deal. But for a family with a modest income, savings, and home, it could be devastating.

Furthermore, asset protection planning isn’t something you can put off until something happens. Once you are under threat of a lawsuit, it’s likely too late to protect your assets. Like all types of planning, to be effective, you must have your asset protection strategies in place well before something happens. And your asset protection plan isn’t a one-and-done deal: it must be regularly updated to accommodate changes to your assets, family dynamics, and the law.

While you should meet with us, your Personal Family Lawyer® to determine the asset protection strategies that are best suited for your particular asset profile and family situation, here are four essential strategies to consider for safeguarding your family’s most valuable assets.

1. Invest In Insurance

Insurance is always the first line of defense when it comes to asset protection. Anyone can file a lawsuit against you at any time—and basically for any reason. And whether you are ultimately found at fault or not, defending yourself in court can be extremely costly.

The insurance coverage you purchase should not only pay damages if a lawsuit against you is successful, the policy should also cover the cost of hiring a lawyer to defend you in court, whether you win or lose your case. And because a large judgment could exceed your policies’ coverage limits, you should also seriously consider buying umbrella insurance.

Should your underlying insurance policy max out, an umbrella policy will help cover any remaining damages and legal expenses. As your Personal Family Lawyer®, we will evaluate your current insurance policies and advise you about the types and amounts of insurance you should have for maximum protection of your assets.

2. Take Advantage Of Statutory Exemptions

Another way to protect your family’s assets is by taking full advantage of federal and state laws that make certain types of assets “exempt” from creditor claims and judgments. Depending on the state, the availability and amount of protection offered by these exemptions can vary.

For example, many states offer a homestead exemption, which protects a certain amount—or even the full value—of the equity you have in your primary residence from creditors. If your state provides a generous homestead exemption, paying down your mortgage could protect funds that would otherwise be vulnerable.

Similarly, federal and state laws also classify many retirement plans, such as 401(k)s and IRAs, as exempt assets. Additionally, some states offer significant, or complete, exemptions for life insurance policies and annuities, as well.

Even though such exemptions won’t offer you total protection, they can provide significant shelter for certain assets. Plus, using statutory exemptions is something that can be accomplished without investing anything—all that’s required is for you to understand how best to structure your investments to take advantage of these protections. Meet with us, your local Personal Family Lawyer® to learn what types and amounts of exemptions are available in your area, and how to make the best use of each one.

3. Use The Right Business Entity

Owning a business can be a major wealth-generating asset for your family, but it can also be a serious liability. In fact, without the proper protection, your personal assets are at serious risk if your company ever runs into trouble. For example, if your business is currently a sole proprietorship or general partnership, you are personally liable for any debts or lawsuits incurred by your business.

However, structuring your business as a limited liability company (LLC) or corporation is typically the best move for most small businesses. When properly set up and maintained, both entities create an impenetrable barrier between your personal assets and your business activities. Creditors, clients, and other potentially litigious individuals can go after assets owned by your company, but not your personal assets. Additionally, having the right business insurance in place can help shield your business assets from such claims.

If you own any kind of business, even just a side gig to earn extra income, you should consider setting up a protective entity to ensure any liabilities incurred by your company won’t affect your personal assets. We can help you select, put in place, and maintain the proper entity structure for your particular business operation. If you haven’t done this already, contact us right away to ensure your business doesn’t put your personal assets in jeopardy.

4. Put The Proper Estate Planning In Place

Although each of the above scenarios are mere possibilities, there is one certainty in life—death. It’s coming for all of us, and given this fact, your eventual death—or your potential incapacity from a serious accident or illness before you pass away—is the biggest risk to your family’s assets.

If you become incapacitated or die without proper estate planning in place, your assets and family will face a number of potentially tragic outcomes. Without the proper planning, your assets will get stuck in the court system, which could result in those assets passing to family members you would never want inheriting them, or if the assets eventually do pass to the loved ones you would want inheriting them, those assets could be seriously depleted or even lost. To this end, planning in advance for the inevitability of death is one of the greatest gifts you can give those you love most.

You work way too hard to leave your family’s assets at risk. If you’ve been putting off creating your estate plan—or if you haven’t updated your existing plan recently—now is the time to get it handled. As your Personal Family Lawyer® firm, we’ve made estate planning incredibly easy, and we start with a Family Wealth Planning Session, which is the first step in our Life & Legacy Planning process.

Life & Legacy Planning: Do Right By Those You Love Most

During this process, we’ll walk you through an analysis of your assets, what’s most important to you, and what will happen to your loved ones when you die or if you become incapacitated. From there, we’ll work together with you to put in place the right combination of estate planning solutions to fit with your unique asset profile, family dynamics, budget, as well as your overall goals and desires.

As your Personal Family Lawyer®, we aren’t like most estate planning firms—we see estate planning as far more than simply planning for your death and passing on your “estate” and assets to your loved ones—it’s about planning for a life you love and a legacy worth leaving by the choices you make today. And this is why we call our services Life & Legacy Planning. Contact us today to schedule your visit to ensure that your assets and loved ones are safeguarded from all potential threats.

This article is a service of a Personal Family Lawyer®. We do not 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 Family Wealth 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 Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

Proper estate planning can keep your family out of conflict, out of court, and out of the public eye. If you’re ready to create a comprehensive estate plan, contact us to schedule your Family Wealth Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.

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Estate Planning
Estate Planning

4 Tips For Talking About Estate Planning With Your Family Over the Holidays

With COVID-19 still raging, your 2020 holiday season may not feature the big family get-togethers of years past, but you’ll still likely be visiting with loved ones in some fashion, whether via video chat or in smaller groups. And though the holidays are always a good time to bring up estate planning, given the ongoing pandemic, talking about these issues is particularly urgent this time around.

That said, asking your dad about his end-of-life wishes while he’s watching football isn’t the best way to broach the subject. In order to make the talk as productive as possible, consider the following four tips.

1. Set aside a time and place to talk

Discussing planning while opening Christmas gifts most likely won’t be very productive. Your best bet is to schedule a time, when you can all gather to talk without distractions or interruptions.

Be upfront with your family about the meeting’s purpose, so no one is taken by surprise and people come prepared for the talk. Choose a setting that’s comfortable, quiet, and private. The more relaxed everyone is, the more likely they’ll be comfortable opening up.

2. Create an agenda, and set a start and stop time

Create a list of the most important points you want to cover, and do your best to stick to them. You should encourage open conversation, but having a list of items you want to cover can help ensure you don’t forget anything.

Also, set a start and stop time for the conversation. This will help keep the discussion on track and prevent people from veering too far off topic. If anything important comes up that’s not on the list, you can always continue the discussion later. Remember, the goal is to simply get the conversation started, not work out all of the details or dollar amounts.

3. Explain why planning is important

Assure everyone that the conversation isn’t about prying into anyone’s finances, health, or relationships—it’s about providing for the family’s future security and wellbeing no matter what happens. It’s about ensuring everyone’s wishes are clearly understood and honored, not about finding out how much money someone stands to inherit.

Talking about these issues is also a good way to avoid future conflict and expense. When family members don’t clearly understand the reasoning behind one another’s planning choices, it’s likely to breed conflict, resentment, and even costly legal battles.

4. Discuss your planning experience

If you’ve already created your plan, start the talk by explaining the planning documents you have in place and why you chose them. If you’ve worked with us, as your Personal Family Lawyer®, describe how the process unfolded and how we supported you to create a plan designed for your unique wishes and needs.

Mention any questions or concerns you initially had about planning and how we worked with you to address them. If you have loved ones who’ve yet to do any planning and have doubts about its usefulness, discuss their concerns in a sympathetic and supportive manner, sharing how you dealt with similar issues whenever possible.

If you have not yet worked with us on your estate plan, consider watching this brief training that discusses what you need to do, what you can do yourself, and what you need a lawyer to help you with. You may even want to watch it with your family, and outline the actions steps together. And if one of your action steps is to enlist the support of a lawyer to get your planning done, call us for a Family Wealth Planning Session™.

For the love of your family

With us as your Personal Family Lawyer®, we can guide and support you in having these intimate discussions with your loved ones. When done right, planning can put your life and relationships into a much clearer focus and offer peace of mind knowing that the people you love most will be protected and provided for no matter what. Contact us today to learn more.

Proper estate planning can keep your family out of conflict, out of court, and out of the public eye. If you’re ready to create a comprehensive estate plan, contact us to schedule your Family Wealth Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.

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How to flourish in a crisis
Estate Planning

Learning to Flourish, Even in a Financial Crisis

Maybe you, like many of us, have been raised to think that the safest way to live in the working world is to have a good career and a steady paycheck. This financial crisis is challenging that framework for many people. Even if you had a steady job, and even if you still have one, by now you’ve learned how easy it is for that security to disappear overnight. 

A recession can reveal all of our negative thoughts and internal monologues about money. A sad, yet common, attitude is for us to see money as a scarce resource, and income as something that’s outside of our control. Thinking or talking about money can trigger feelings of guilt and shame in many people. 

It doesn’t have to be that way. The truth is, money is a tool that you can access and multiply, independent of anyone else’s permission. And even if you do have anxieties that keep you from seeing how money can be a positive part of your life, that can change.

Other people may react to this period of uncertainty with the same, old-fashioned advice: live within your means and keep 3–6 months’ worth of income in an emergency fund. If you have a secure job that pays you well, and that you enjoy, this is great advice. But, if that’s not what is true for you, you may be looking at this time as a great opportunity to make a shift and create your own financial security. 

Consider this: what if you weren't relying on a check from your boss (or the unemployment office, as the case may be)? 

What if a shift in mindset could change your relationship with money, and set you on track to secure you against economic highs and lows in a way you never even dreamed possible? Or, maybe you have been dreaming about it, but don’t know how or where to start to move it all forward.

A financial crisis doesn’t have to be a crisis for you or your family. In fact, this could be the perfect time to access the wealth of resources currently available to fund your next level of growth. It’s a time to invest in yourself, and to learn to use your gifts, skills, and talents to serve others in a big way. That way, you won’t have to depend on anyone else, including your job, corporations, or the government, to sustain you. 

Whether or not you have a day job, see this moment as a wake-up call. It’s time for you to take stock of your greatest resource—yourself. What can you do that other people can’t? What can you give that other people need? Start exploring the resources within you, and you’ll realize that you’ve found your way of contributing value to the world.

Everyone has something to offer, and that offering goes far beyond just the products or services you give your potential clients. If you use your talents to become a higher earner, you can establish yourself as a leader in your community, and affect change in areas that you care about. You can contribute to the growth of your local economy by employing people, and be part of what helps pull the larger economy out of the rut that it may be in.

Even in the lowest of times, even in recessions, there have been many, many people who were able to forge their own paths and grow their wealth through entrepreneurship. You can be one of them.

Things have been tough for our lives and livelihoods, it's true, but we shouldn’t let this moment go by without considering what we can learn from it. I hope that you are learning about how to be prepared for an emergency when it comes to your savings, investments, and income, but not necessarily in the way we've been taught in the past.

As we go into this brave new world, the most important thing you can have is a high-value skill that is needed and wanted, no matter what. The next step is to create the systems and structures to offer that skill in a way that you can rely upon, no matter the ups and downs of the economy. This is a lesson that will benefit you, and that you can encourage in your family and friends, and serve as an example for your children—raising a new generation of economic and community leaders.

We are in a time when your best investment is in your resourcefulness, and your creativity, and your community. Bring these together, and your family can rely on you and what you've created, and you can trust that your children will be great, no matter what.

If you need help figuring out your next step, please call us, and we can help.

Proper estate planning can keep your family out of conflict, out of court, and out of the public eye. If you’re ready to create a comprehensive estate plan, contact us to schedule your Family Wealth Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.

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Should I take EIDL?
Business Planning

Should You Take the Loan Offer from the EIDL?

You may have opened your inbox in the last couple of weeks to discover an email from the Small Business Administration (SBA), finally offering you Economic Injury Disaster Loan (EIDL) money you applied for a couple of months ago.

Many business owners just like you jumped at the opportunity to get money from the EIDL once the CARES Act went into effect. There was such a rush of applications that funding was seriously backed up, and now the loan offers are coming in. 

So, what’s the offer? 

The EIDL is a 30-year loan at 3.75% interest (with non-profits qualifying for 2.75% interest). While some people are getting a smaller range of options ($1,000–15,000, for example), others have gotten options to choose within ranges up to $150,000.

If you’re one of the business owners who received an EIDL loan offer, you might be wondering what to do next. Should you take it? How can you use it? 

This video has a lot of great information for you to consider: https://www.youtube.com/watch?v=Eqw9BAxt9Rg&feature=youtu.be&fbclid=IwAR3jMQKvcUltLrcnKeC6z99XSkttZ12nGlK2qYXc3u6jXYee1KaRMnbCFg0

If you aren’t sure about taking the EIDL, it may be because you aren’t sure how to best use it. If that’s the case, reach out to us and let’s talk. We have resources to support you to use this EIDL money to shore up your business systems.

Most business owners who are ready to create a next level of success need to uplevel the systems that support them, including their legal, insurance, financial and tax (LIFT) systems. That’s where we come in.

We can work with you to evaluate where there are holes in your LIFT foundation that could have left you in a shaky position once COVID hit. Now, with your EIDL resources, you can strengthen your foundation and be ready to thrive, no matter what comes our way. 

If the risks and restrictions about EIDL worry you, remember these resources are here to help you, as are we, so you don’t have to go it alone.  With a low interest rate and 30 years to pay it back, your payment is likely to be under $600 a month. Consider what you can do with the loan over the next year to ensure you are earning at least the payment amount every month over the next 30 years. 

If you decide that you do want the EIDL loan, things will start moving fast. The paperwork comes to you within 48 hours, and once you fill that out, the money could hit your bank account as soon as the next day. That means you’ll be able to immediately use that money to get your business back on its feet, so you can focus on expanding your profits.

If you’d like to talk before you take the loan, give us a call. We’re here to support your wise decision-making process. 

We offer a complete spectrum of legal services for business owners and can help you make the wisest choices on how to deal with your business throughout life and in the event of your death. We also offer you a LIFT Your Life And Business Planning Session, which includes a review of all the legal, insurance, financial, and tax systems you need for your business. Schedule online today.

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Parental Guilt
Estate Planning

3 Unique Ways to Handle the Guilt Inherent to Being a Parent

If you’re a parent, you may feel even more guilty than usual.  If so, you are definitely not alone. Currently, the burden is on you to both carry on with your work and manage your child’s full-time care and education. Two full-time jobs that you’re trying to do by yourself, likely without teachers or care providers to help you. 

If you are like most parents, you were probably struggling with guilt even before the virus. You simply can’t make it to every award ceremony or recital, and you might not have as much time to play with your kids or help them with their homework as you’d like. Those feelings of guilt may now be compounded by all the additional responsibilities you’ve had to take on in a short space of time. 

Take a deep breath, and let me let you off the hook here for a minute. I have no doubt you are doing the best you can, and your kids see it, and know it too, even when they are being ungrateful pains in the rear. 

I’ve got a few ideas about how to shift the guilt. They're a little unconventional, but I invite you to give them a try and then message me to let me know how they went. We love hearing from you. 

Let’s start with one thing that is fully within your control, can help to alleviate feelings that you are not doing enough, and that you can get handled easily, for free, right now--- name legal guardians for your kids, so the people you want will take care of them, if anything happens to you. 

Name Legal Guardians

If you have not already legally documented who you would want to raise your children, if you could not finish doing it yourself for any reason, find our Kids Protection Plan on our website. It’s free. It’s easy. And the site guides you through who to choose and creates a legal document for you.

Legally documenting your choices for who you want to take care of your kids if you can’t is a great first step to getting legal planning in place for the people you love. (Yes, I said “choices” because you want to name at least one person with two alternates.) And, doing so can provide you with a lot of relief, if you have not taken care of this yet for your kids.

After you are done, contact us for a no-charge review of the documents, and we’ll guide you to the next step in ensuring the well-being and care of your kids (and your assets), if something happens to you.

If the parents get sick with COVID-19, this is one of the most important things you can do for your kids right now, and we’re making it as easy as possible for you to get started with it.

So that’s one way we can support you to remove some of that mom or pop guilt you may have. And, here’s another...

Quality Time Doing...Nothing

While you’re probably already spending a significant amount of time with your kids, it may not be very high quality. 

But you may be too tired or overwhelmed to plan big activities, or the things you used to do for “quality time” may not be available.

So, what’s a parent to do?

Nothing.

Yes, you read that right, nothing.

If you can take 15 minutes or so out of your day and do nothing with your child, it could be the best 15 minutes you spend with them, and with yourself, all day. Maybe you’ll even be able to stretch it to 30, 45 or 60 minutes of nothing.

It’s truly one of the best gifts you can give to your kids, and the best part is you don’t have to do anything. 

We hope this idea provides some relief from the guilt. You don’t have to DO as much as you think. Mostly, your kids really just want to know you are there, and will give them your full attention, without screens, even if they aren’t paying attention to you.

Talk About It

If you’re on an emotional roller-coaster right now, your kids are probably having some similar struggles. This is an opportunity to connect with them, and a good time to show them a little vulnerability of your own. Remember how important sharing words of love and comfort can be, both to them and to you.

A friend of mine has three kids ranging from eight to fourteen, and she recently told me a story about a very special conversation with one of her children. 

After my friend had spent a few weeks juggling school, work responsibilities, and a million other household duties, she was feeling worn out and discouraged.

Then she took a quiet moment to just sit around and talk with her tween daughter and share some of what was going on for her, that it was hard, and how she was making it through. Out of the blue, to my friend’s surprise and gratitude, her child gave her a big hug and said, “You do so much to take care of us all the time. That must be so hard. Thank you.”

This special moment filled my friend's heart, and it has gotten her through some tough days. And it never would have happened if she hadn’t taken a little time out to just talk with her kid, without a particular agenda.

Reach Out For Support

If you have been feeling really alone and need support, reach out for help. Sometimes venting to your friends is enough, and chances are they’ll be able to relate! But if you are not getting the support you need, there are professionals who will communicate via phone and even text message. You can find local therapists and phone, video, and online therapists through Psychology Today’s directory. 

Or, if family dynamics are rearing their head during these stressful times, and you want to keep your family out of court and conflict, give us a call to see how we can help.

Proper estate planning can keep your family out of conflict, out of court, and out of the public eye. If you’re ready to create a comprehensive estate plan, contact us to schedule your Family Wealth Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.

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Do I need disability insurance?
Business Planning

The Basics of Disability Insurance and How It Can Help During COVID

With the risks still posed by COVID-19, we all need to face the possibility that we could get sick, even if we take great care of ourselves through good nutrition, sleep, and exercise. And even if you don’t need to be hospitalized, if you do experience symptoms and test positive, you might have to stay quarantined for enough time that you’d lose income. These risks highlight the need for everyone, regardless of their age or current state of health, to have some form of disability insurance coverage.

You might think you don’t need disability insurance, especially if you’re young and in good health. Hopefully, you’re right. Unfortunately, though, becoming disabled can happen to anyone at any time. This isn’t specific to coronavirus either; it has always been true. 

The Americans with Disabilities Act has detailed specifics on what a disability is, but the most basic definition is that an individual has “A physical or mental impairment that substantially limits one or more major life activities of such individual.” That can apply to a car-accident or other injury, or a debilitating illness documented by a doctor, including mental illness. 

The sad fact is that, according to the US government’s statistics, one in four 20-year-olds become disabled before reaching retirement age. That makes it all the more important that you consider how to protect yourself with insurance.

And this is very important: you must get the actual insurance before something happens. If you’re already sick, you can’t buy disability insurance to make up for lost income.

So now is the time to make a plan. Here’s some information to get you started.

What Qualifies You for Benefits (And What Doesn't)

Let’s get clear on one thing that applies to the coronavirus pandemic: only medical quarantine qualifies you for disability benefits. That means only medical self-quarantine related to COVID-19, which is verified by a doctor, will qualify you. Socially quarantining to decrease your chance of contracting the virus in the first place won’t qualify you for your disability insurance benefits. Disability insurance also won’t cover you if you lose income or health insurance because your employer has closed or laid you off.

Also, disability insurance is not the same as health insurance. Though your failed health is the reason you’d get access to your disability insurance in the first place, disability insurance will not cover your medical bills. Disability benefits are basically to help you pay housing and food costs. But in a time when you’re dealing with disability, it’s good to have those bills covered while you are focused on healing and self-care.

There are two different types of disability insurance, and knowing the difference will help you save a lot of time.

Short-Term Disability Insurance

Short-term disability insurance normally lasts around 3–6 months, sometimes up to a year or two years. It covers about 60–70% of whatever your salary is. The premiums you pay are often higher than long term coverage, ranging from 1–3% of your annual income. So for someone making $50k a year, it would range between $60 to $125 every month. The percentage depends on what kind of health risks the insurance company determines you have. If you smoke, for instance, the premium will probably be higher, just like with many health insurance policies. If you have a risky job, such as dealing with heavy machinery, premiums will likely be higher as well. A major upside, though, is that payouts usually happen within two weeks, which can be a huge relief in an emergency.

Financial expert Dave Ramsey points out that, because of the higher premiums and shorter span of coverage time, you might want to consider building up a solid emergency fund with 3–6 months of expenses instead. You can consider that personal short-term disability coverage that you don’t have to pay premiums on. But if you’re living paycheck-to-paycheck and can’t foresee saving that much (like 80% of American workers, according to CNBC), and your employer doesn’t offer short-term disability insurance, it is something you may want to consider buying yourself.

Long-Term Disability Insurance

This is the type of insurance that is most important to get, no matter what. This is the type that will last through a long recovery or treatment period. Look for a “non-cancellable insurance policy”, which will keep the insurance company from being able to cancel your policy if you have any health changes. 

Long-term disability insurance may pay you benefits for a few years or until your disability ends. Most policies cover 40–60% of your salary, but ones that pay up to 70% do exist, and you should try to find one. These policies also cost 1–3% of your yearly income, but they tend to be on the lower side than short-term. A major difference between the two forms of insurance is that it can take up to 6 months to see a payout. This means that it’s not the best option for covering costs if you have to go into medical quarantine for COVID-19. 

We recommend that, even if you decide to pass on short-term disability in favor of emergency fund savings (or if your employee already covers it), you should definitely consider a long-term policy to protect your earnings. Remember, though, it will only pay a percentage of the income you’d be taking in otherwise. Make sure you also have health insurance and as much savings as you can get to protect yourself as well.

If you need help weighing your options, give us a call and we’ll be happy to help.

Proper estate planning can keep your family out of conflict, out of court, and out of the public eye. If you’re ready to create a comprehensive estate plan, contact us to schedule your Family Wealth Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.

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