Living Trust Planning | Estate Planning Attorney

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  • Want to Show Your Partner How Much You Love Them? Put Them In Your Will

    Want to Show Your Partner How Much You Love Them? Put Them In Your Will

    Love is undoubtedly the most profound and cherished thread that weaves us all together, and there are many different ways to express our love to the people who mean the most to us. Often when we think of showing our love, we think of bouquets of flowers, surprise gifts, and meaningful notes. But an often overlooked – and incredibly meaningful – way of showing your love is to put that love into a plan for the future. 

    While estate planning may seem like a realm of financial jargon and legalities, it is, at its core, a tangible expression of your care for those closest to you (that’s why I refer to estate planning as Life & Legacy Planning).

    In this blog, we’ll look at why adding your partner to your will and estate plan as a whole isn’t just a romantic gesture but the ultimate act of love.

    Providing Care and Protection

    Estate planning is typically associated with financial matters and legal technicalities, but at its core, it’s an expression of love for those we hold dear. It’s about not leaving a mess for the people you love. It’s about providing comfort and security to your loved ones long after you’re gone. And when you include your partner in your estate plan, you’re solidifying the foundation of your love and commitment, ensuring they’re cared for when you can no longer be there in person.

    One of the most tangible ways to demonstrate your love is by securing your partner’s legal and financial future through thoughtful estate planning, but not just any old estate planning — in our book, it needs to be “Life & Legacy Planning” so you know you have a “plan that works to keep your family out of court and out of conflict.”

    While a will, trust, and other estate planning documents are valuable, if they’re not properly counseled, regularly updated, and combined with additional planning tools such as a Kids Protection Plan, if you have minor children, and a Family Wealth Inventory plus Legacy Interviews to capture your tangible and non-tangible assets, your loved ones could be left with an expensive mess.

    If you’re married, your spouse already has some rights in the event of your incapacity or death, but that doesn’t mean they have automatic access to your accounts, or even to make your health care decisions for you the way you would want. If you’re not married, your unmarried partner or partners would have no rights to anything in the event of your death or incapacity. Truly the greatest gift you can give your beloved is a Life & Legacy Plan.

    Avoiding Legal Complications

    Love conquers many things, but we have to acknowledge that legal matters often require a bit more than just sentiment. Without a well-counseled, prepared, and updated Life & Legacy Plan, your partner might find themselves entangled in legal complications when it comes to inheriting assets if something happens to you. In fact, if you and your partner aren’t married, they won’t inherit anything at all!

    That’s because the law that controls what happens to your assets if you die without a plan is written with married couples in mind. That means that anyone you love who isn’t married to you or directly related to you through blood will be left with nothing when you die or if you become incapacitated, unless you plan in advance. 

    By including your partner in your will and overall Life & Legacy Plan, you get to ensure they’ll receive what you would want them to in the event of your loss and spare them the stress of navigating legal intricacies during an already emotionally trying time.

    Protecting The Life You Built Together

    Maybe the institution of marriage isn’t your thing or you and your partner are putting off marriage plans for the time being. Nonetheless, having a plan in place isn’t something you want to put off until you’re older. Chances are good that you’ve already begun to build a life together that’s worth protecting.

    Whether it’s the charming house you turned into a home or the vintage car you spent countless road trips in, shared assets are more than just possessions – they’re a part of your shared history. Including your partner in your estate plan ensures that these shared treasures are passed on smoothly, preserving the memories you built together.

    If you have children with your partner, Life & Legacy Planning takes on an even greater significance. If your partner isn’t biologically related to your children and hasn’t legally adopted them, there’s no legal guarantee that your partner would be able to care for your children or even visit them if something happens to you.

    Creating a Kids Protection Plan for your kids in your estate plan is an act of profound love and responsibility. By ensuring your partner has legal authority in matters of your children’s well-being, you’re displaying a commitment to everyone’s future happiness and security.

    Helping You Show The One You Love Just How Much You Care

    Love binds us together – but proper estate planning, and specifically Life & Legacy Planning, puts the love you have for your partner and your family into action. It’s not just about assets and legalities; it’s a declaration of your commitment and a promise to provide for your loved one even when you’re no longer physically present. 

    After all, in matters of the heart, there’s no gesture more profound than securing a future together.

    If you want to show your partner just how much you love them, contact us today to learn more about our Life & Legacy Planning process to get started. 

    Schedule a complimentary 15-minute call with us.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. 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’ll 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 and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Can You Rely on Legal Insurance for Your Special Needs Estate Plan?

    Can You Rely on Legal Insurance for Your Special Needs Estate Plan?

    As the need for affordable legal services becomes even more important in today’s world, it’s common to opt for group legal insurance offered through your workplace benefits. These group insurance plans provide free legal assistance for a variety of needs from law firms that have contracted with the insurance company to perform the legal work.

    While group legal insurance might seem like an easy option to save on your family’s legal needs, it’s likely inadequate for addressing the specific and often complex legal planning needed to protect your loved one with special needs.

    Here are the reasons why special needs planning demands a highly tailored approach and expertise beyond the scope of your group legal insurance coverage. I’ll explore the potential pitfalls of using group legal insurance for special needs planning and share suitable alternatives to ensure your loved one with special needs is protected and cared for over their entire lives.

    One Size Doesn’t Fit All

    When it comes to special needs planning, there is no such thing as a one-size-fits-all solution. Each person with special needs has unique care requirements, abilities, and aspirations. The financial, medical, and emotional needs of your loved one must be taken into account to craft a comprehensive plan that will serve their needs and foster a meaningful life for them after you’re gone. 

    Your group legal insurance plan may offer general legal services and even estate planning services, but a general set of estate planning documents isn’t enough for an individual with special needs.

    To create a plan that’s right for your loved one, it must:

    01 | Be customized for their abilities, as well as their financial and medical needs, 

    02 | Properly incentivize the care you want them to receive throughout their life, after you’re gone, and

    03 | Follow state and federal laws in order to keep your loved one eligible for public benefits like Social Security and Medi-Cal.

    The type of cookie-cutter estate plan you’re likely to receive through your group legal insurance plan simply won’t include the kind of customizations necessary to deliver a plan that will serve your loved one in the way you would want while preserving their public benefits.

    Understanding the Laws and Regulations

    Navigating the legal landscape of special needs planning for the one you love can be like walking through a maze. The laws and regulations that govern special needs planning are complex and change frequently, and involve an understanding of federal and state law.

    There are countless legal tools available to support your loved one’s future, from government benefits like Social Security and Medi-Cal to special needs trusts and in-home support services. It can be difficult to know which programs your loved one qualifies for, which program will achieve your desired outcome, and how to apply for each program without proper training.

    To navigate these complexities and create a truly effective special needs plan for your loved one, your attorney not only needs to be an expert in this area of law, but they also need to ask the right questions to understand your personal needs, goals, and family dynamics in order to recommend the tools most appropriate for your situation.

    Unfortunately, the in-network attorneys contracted under group legal insurance plans rarely have the training or expertise necessary to handle special needs planning cases. Even if the legal insurance plan lawyer does have the training, the legal insurance plan fees wouldn’t cover the custom planning needed to care for your loved one.

    You Need a Holistic Planning Approach

    Caring for a loved one with special needs extends beyond legal matters. It involves addressing emotional, financial, and medical aspects with equal importance. I take a holistic approach to serving you by working closely with you and your family to understand your family’s values, dreams, and aspirations you have for your loved one and your family as a whole. This allows me to create a truly personalized plan that takes into account every aspect of your family’s well-being.

    What’s more, the needs of your loved one with a disability and your own financial and medical needs will change over time. That’s why it’s crucial to coordinate your estate plan and their benefit eligibility so that both you and your loved one will be cared for if you die or become incapacitated during your loved one’s life.

    To do this, I look at how your needs and the needs of your loved one intersect and can provide you with personalized guidance at any stage in life’s journey, such as when it’s time to appoint someone else to assist you in caring for your loved one and making plans to increase your loved one’s independence while keeping their eligibility for public assistance.

    Special needs planning requires a continuum of proactive and interconnected planning to ensure your loved one and your entire family always have the best care while preserving your family’s wealth, legacy, and lifestyle as much as possible.

    Legal Insurance Plans Lack Long-Term Considerations

    Special needs planning is a journey that spans a lifetime. As your loved one grows and their needs evolve, your planning must adapt accordingly. Relying solely on group legal insurance won’t provide the ongoing support and guidance needed to address changing circumstances over the years. 

    Under group legal insurance, your choice of attorneys is limited to the firms that have contracts with the insurance company, and there’s no guarantee that the attorney you worked with this year will be available to help with changes in your loved one’s care several years from now. 

    Your child with special needs will grow into an adult. That means you’ll lose your ability to make decisions for them unless you update your estate plan to nominate a permanent guardian or power of attorney for them. We can help with that.

    Your loved one with special needs may inherit assets from a well-meaning relative. This is a wonderful gift, but an increase in your loved one’s assets may cause a lapse or loss of government benefits unless quick action is taken by your special needs planning attorney. We will help you look at all of these considerations as part of our planning with you.

    Without a personal attorney-client relationship, the window to achieve time-sensitive changes to your plan may close before you even get started with a new in-network attorney. Instead, you want to work with an attorney who knows your family’s story and can pick up right where you left off, allowing them to quickly and effectively address any needed changes to your plan.

    Trusted Expertise in Special Needs Planning

    Special needs planning is essential to secure a comfortable and enriching future for your loved one with special needs. Creating a special needs plan can be incredibly stressful for caregivers, and requires in-depth knowledge and expertise in both the law and state and federal disability programs.

    While group legal insurance may seem like the ultimate way to protect your loved one’s future legal needs and your family’s wallet, sadly, the services available through these group insurance plans simply aren’t comprehensive enough to provide special needs plans that will work for your family for the long term.

    Instead, it’s crucial to work with an experienced special needs planning attorney who gets to know your family on a personal level and can guide you every step of the way.

    Your family’s special needs journey deserves personalized attention, compassionate understanding, and unwavering dedication. That’s why I have dedicated my practice to mastering the intricacies of special needs planning, allowing me to guide you skillfully through the process. 

    If you want to make sure your loved one with special needs is always cared for no matter what the future holds, schedule a phone call with me. Together we can create a comprehensive special needs plan that honors your family’s unique story and ensures your loved one’s life is filled with love, support, and abundance.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. 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’ll 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 and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • The Scary Truth: Naming Godparents Does Not Create Legal Guardians

    The Scary Truth: 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.

    To put it bluntly, even if you have named godparents, if something happens to you, your children could end up in the care of strangers, child protective services, or in the long-term care of someone you would never want raising your children.

    In this blog, we’ll explain the roles of a godparent and legal guardian and how to ensure your kids are always cared for by the people you choose – no matter what.

    Godparents 

    A godparent is traditionally someone you name to watch over your child and help them live according to your morals and values. Godparents are meant to be mentors and role models, guiding your child in matters of faith, morality, and character. The role of a godparent is deeply rooted in religious and cultural traditions, and they often participate in religious ceremonies such as baptisms or confirmations.

    Whether your family is religious or not, godparents may also play a supportive role in your child’s life by offering emotional support, advice, and friendship. They can be someone your child can turn to for guidance and a listening ear, but their responsibilities are largely informal and non-legal.

    Legal Guardians

    In contrast, naming a legal guardian for your child is a formal, legal process. A legal guardian is someone who has the legal authority to make decisions on behalf of your child, especially if you, as the parent, are unable to do so. This could occur due to your passing, incapacity, or any situation in which you cannot provide care or make important legal, financial, healthcare, or education decisions for your child.

    The responsibilities of a legal guardian encompass every area of your child’s life that you would normally manage as a parent. This includes everything from feeding and clothing your child to deciding where they go to school, attending parent-teacher meetings, and which extracurricular activities they participate in. Legal guardianship also includes the decisions about where your child lives and what medical treatment they should or should not receive.

    A legal guardian may also help manage your child’s financial assets and resources, ensuring their financial well-being. In some cases, if you’ve planned ahead, you may choose to have a different person act as a financial trustee of the assets you leave for your child, and your chosen trustee will work alongside the legal guardian to ensure your child is financially supported. In some cases, your guardian and trustee may be the same person. This is a decision we can help you make during a Life & Legacy Planning Session, based on the specifics of your family dynamics.

    Why Naming Godparents Isn’t Enough

    While godparents may be deeply caring and involved in your child’s life, they have no legal authority to make decisions for your child unless they’re officially appointed as a legal guardian by the court. That means that until that happens, (if it happens) your child’s godparents aren’t legally able to make any decisions for your children, including their basic care needs, education, and medical care. 

    If you become incapacitated or die, and haven’t legally nominated a guardian (and, ideally, more than one, which is one of the 6 common mistakes families and even lawyers make when naming guardians), there could be a complex and expensive custody dispute among your family members. Grandparents, aunts, and uncles may assume you would want your children to live under their care rather than the people you named as godparents. This is especially likely if the people you’ve named as godparents aren’t related to you by blood or marriage. 

    Without a legal guardian designation in writing and signed with the formalities of a will, godparents may find themselves in an expensive court battle over custody rights, and they may not even be named as the legal guardians of your children at all. In fact, the court could name someone you would never want raising your kids as their legal guardian.

    Life-long Legal Protection for Kids

    While godparents hold a significant place in your child’s life as mentors and role models, they don’t possess the legal authority to make critical decisions for your child or provide for your child’s physical and financial well-being on their own. 

    Instead, consider combining the roles of godparents and legal guardians into one. If you’ve already chosen people you trust to serve as lifelong role models and spiritual guardians for your children as their godparents, why not give those people the legal authority to truly perform those duties if something happens to you?

    If you aren’t sure who the best guardian or godparent is for your children, we can help. We’ll walk you through a heart-centered process for choosing guardians who genuinely care for your child’s well-being and share your values. Plus, we’ll ensure they have the financial and legal tools needed to give your child the best life possible if you can’t be there.

    The best way to keep your children safe and secure is to create a comprehensive Kids Protection Plan that keeps your children in the care of the people you choose in any situation, out of the care of anyone you wouldn’t want, ensures your children can receive prompt medical care, and that the authorities know who to contact in an emergency so your children are never placed in protective custody – even for a minute.

    To learn more and get started today, schedule a complimentary call with my office.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. 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’ll 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 and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Got Minor Kids? 3 Instances When Your Estate Plan Must Include a Kids Protection Plan

    Got Minor Kids? 3 Instances When Your Estate Plan Must Include a Kids Protection Plan

    As a parent, you’ve probably thought about the importance of naming permanent legal guardians for your child in case something happens to you, and maybe you’ve 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.

    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. 

    You Leave Your Kids With Non-Related Caregivers 

    If you ever leave your minor kids with a caregiver who isn’t a grandparent, aunt, or other family member that the authorities would naturally leave your kids with if something happens to you, this is what could happen.

    Your kids are home with the babysitter. You don’t make it home, and the authorities are called. The authorities show up at your house, and what would they do?

    Would they leave your children at home with the person taking care of them while they attempt to find your will or legal guardian nomination? Would they even be able to find your legal documents? Would your legal documents name someone who would be immediately available to come to stay with your children, and would the authorities leave your children with those people without a court order?

    If not, you need a Kids Protection Plan to fill in the gap. 

    Permanent guardian nominations only take effect upon your passing and are made official through the court system. This means that they don’t give any legal authority to your chosen guardians in an emergency or if you become incapacitated. 

    Because of this, law enforcement could place your child into protective custody with social services in the event of your sudden absence or incapacity due to an illness or injury. To minimize the chances that would happen, we can name legal guardians for the short-term, and give those named guardians the legal documentation they would need and instructions on what to do immediately if something happens to you. 

    In addition, we will give you the tools to ensure that anyone staying with your children while you aren’t there knows exactly what to do if something happens to you. 

    You Have Someone In Your Life You Would NEVER Want Raising Your Kids 

    While this may not apply to you, if it does, you absolutely, 100%, without question need to contact us for a Kids Protection Plan STAT. If you have anyone in your life you would never want raising your kids if you aren’t able to due to illness or injury, we can ensure that person is confidentially excluded from your plan using a Kids Protection Plan. We can structure it so that this confidential document is only brought forward if necessary to keep your children out of the care of the person you would never want to raise them.

    You Have Unique Desires For Your Kids’ Education, Health Care, or Financial Well-Being

    You’ve probably given a lot of thought to how you want to educate your children, the kinds of healthcare decisions you make for them, and how you want them to experience reality from a financial perspective. If that’s the case, then you absolutely want to ensure that anyone raising your children will know how you would have wanted these decisions to be made. 

    Otherwise, if you don’t take the time to leave instructions to the people who could raise your children, they won’t know how you would make decisions if you cannot be there to communicate your hopes, dreams, wishes, and desires.

    Here’s the great thing about this. There’s a 99% chance that you’re not going to become incapacitated or die while your children are minors (phew), and yet taking the time to write down your unique desires for their well-being and care is an illuminating process in and of itself that will make you a better parent right now.

    We hear it again and again from our clients that when they create their Kids Protection Plan with us, they immediately feel a great deal of relief and a belief that they’re being the best parents they can possibly be. They have more clarity about what’s really important to them, what they want to emphasize, who they want their children to develop relationships with, and where they can better focus their own time, energy, and attention.

    If you aren’t sure where to start when creating these instructions, don’t worry. We will support you with the whole process when we create your Kids Protection Plan. 

    Comprehensive Protection for The Ones You Love Most

    Nominating permanent legal guardians is an essential piece of your estate plan, but in reality, it often isn’t enough to ensure your child remains in the care of people you choose, know, love, and trust if something happens to you. If your children are ever left with a relative, or if there is anyone in your life you wouldn’t want raising your kids, or if you have unique high-value wishes for the way your children are raised when it comes to their education, health, or financial well-being, you need a full-fledged Kids Protection Plan. 

    If you’re ready to create a Kids Protection Plan for your child, the first step is to schedule your Life & Legacy Planning Session. During the session, I’ll look at everything you own and everyone you love to get to know your family and your wishes on a personal level. Then I’ll explain how the law would affect your family if something happened to you today, and together, we’ll design a plan that will protect your assets and your loved ones, no matter what.

    To get started, schedule a complimentary 15-minute call. We can’t wait to protect your children and your entire family through comprehensive planning.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. 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’ll 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 and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Can You Rely on Legal Insurance for Your Estate Plan?

    Can You Rely on Legal Insurance for Your Estate Plan?

    As the need for affordable legal services becomes even more important in today’s world, it’s common to opt for group legal insurance offered through your workplace benefits. These group insurance plans provide free legal assistance for a variety of needs from law firms that have contracted with the insurance company to provide the legal work.

    While group legal insurance might seem like an easy option to save on your family’s legal needs, it’s often inadequate for creating the kind of estate plan you really need to protect your assets, your choices, and your loved ones. In fact – the type of estate plan, will, or trust created through legal insurance programs could leave your family with a big mess.

    Here are the reasons why estate planning for your family demands a heart-centered, counseling-oriented approach and guidance beyond the scope of your group legal insurance coverage. I’ll help you understand the potential pitfalls of using group legal insurance for estate planning and share suitable alternatives to ensure your assets are properly protected and that your loved ones are left with a legacy of love, and not a big mess.

    One Size Doesn’t Fit All

    When it comes to estate planning, if you have people you love and assets you care about, there is no such thing as a one-size-fits-all plan that works for you and your family. While there are almost always at least, and sometimes 4 key documents in a standard estate plan–a will, trust, health care directive, and power of attorney–there are additional pieces of planning that are quite important for your family, depending on the specifics of your family dynamics and the nature of your assets, to ensure that your plan actually will work when your family needs it. Not to mention the content of these 4 documents must be specifically tailored to meet the unique needs of your family.

    Each person and each family has unique circumstances that require custom planning to ensure their plan works the way you want it to. Your financial, medical, and personal needs must be taken into account to craft a comprehensive plan that will serve you now and pass on your assets in the best way after you’re gone, all while ensuring the best use of your resources during your life. 

    Your group legal insurance plan may have the 4 key documents of an estate plan, but a generic set of planning documents is unlikely to work for you the way you want, and will almost certainly guarantee your family will end up lost and confused when something actually happens to you, and your family needs the support of the plan you created to guide them. 

    To create a plan that will truly work for you and your family, your planning process needs to begin with an evaluation of your assets and family dynamics and needs to educate you about the application of the law to your specific situation. This is why we don’t have a one-size-fits-all solution, but instead begin our planning with you looking holistically at everything you have, everyone you love, and what you desire for the people you love.  

    The type of cookie-cutter estate plan you’re likely to receive through your group legal insurance simply won’t include the kind of comprehensive considerations and counseling necessary to deliver a plan that will serve you and your loved ones in the way you would want while keeping your family out of court and conflict.

    Legal Insurance Nickel and Dimes

    Many group legal insurance plans boast free legal services after your deductible is paid, but what isn’t revealed is the limit of the coverage that’s covered for free.

    Only certain types of legal services are covered under group legal insurance plans. Estate planning is frequently covered, but the kind of plan you will receive is a mere set of documents, similar to what you could create yourself online, and not a customized, well-counseled plan that will be sure to work when your family needs it.

    Plus, some items that are essential to the creation of your plan, like notary stamps or fees to file documents with the state, aren’t included in the covered service and are instead charged to you as an extra expense.

    More importantly, most legal insurance plans have limits to the amount of claims you can file for each type of service each year. For example, you may only be covered to create a will once a year, but won’t be covered if you need to update your estate plan mid-year if circumstances change or someone dies. Estate planning isn’t something you do once, as your life will change, your assets will change, and the law will change. A legal insurance covered plan won’t keep up with those changes, so you may receive documents, but those documents aren’t likely to be what your family needs when something happens to you.

    You Need a Heart-Centered, Counseling-Based Planning Approach

    Creating an estate plan isn’t just about a will or a trust or passing on your money after you’ve died. It’s about making wise decisions about the use of your resources throughout your life, leaving your assets in a way that creates a legacy, not a mess, and creating the best reality possible for yourself and your loved ones. 

    I take a holistic approach to serving you by working closely with you and your family to understand what matters to you, your family’s dynamics and values, and the aspirations you have for your family as a whole. Then I review and consider all of your assets, including the intangible assets often left out of planning. Then together we create a truly personalized plan that takes into account every aspect of your family’s well-being for the near and long-term

    What’s more, your needs and your family’s needs will change over time. You’ll buy new assets and sell others. You may have another child, or become a grandparent. Your son may start a business or your sister may develop a disability.

    That’s why it’s crucial to coordinate your estate plan with the circumstances of your loved ones so that your wishes are honored and your assets are protected no matter how their situation changes over time.

    To do this, I look at how your wishes and the circumstances of your loved ones intersect and can provide you with personalized guidance at any stage in life’s journey.

    In addition, our planning process includes creating an inventory of all of your assets and we review your entire plan, including all of your decisions and your asset inventory for free every three years to make sure the plan we created for you will continue to serve you and your family in the way you intended. By doing this, we can identify any areas of your plan that need to be changed and any new assets that need to be coordinated into your plan.

    Legal Insurance Plans Lack Long-Term Considerations

    Estate planning is a journey that spans a lifetime. As your finances, needs, and wishes evolve over time, your estate plan must adapt accordingly. Relying solely on group legal insurance won’t provide the ongoing support and guidance needed to address changing circumstances over the years. 

    Under group legal insurance, your choice of attorneys is limited to the firms that have contracts with the insurance company, and there is no guarantee that the attorney you worked with this year will be available to help with changes to your plan next year.

    Your children will grow into adults. That means you’ll lose your ability to make decisions for them unless you update your estate plan to nominate a permanent guardian or power of attorney for them. We can help with that.

    You may wish to leave your house to your daughter but you worry about the longevity of her marriage. We’ll help you look at all of these considerations as part of our planning with you now and as they come up in the years that follow.

    Time-sensitive changes to your plan that are needed as a result of a sudden emergency or death in the family may be impossible to carry out when using an attorney through group legal insurance. Instead, you want to work with an attorney who knows your family’s story and can pick up right where you left off, allowing them to quickly and effectively address any needed changes to your plan with just a phone call.

    Trusted Expertise in Estate Planning

    While group legal insurance may seem like the ultimate way to protect your loved one’s future legal needs and your family’s wallet, sadly, the services available through these group insurance plans simply aren’t comprehensive enough to ensure you and your family get the support and guidance they need and deserve.

    Instead, it’s crucial to work with an experienced estate planning attorney who gets to know your family on a personal level and can guide you every step of the way.

    Your estate planning journey deserves personalized attention, compassionate understanding, and unwavering dedication. That’s why I have dedicated my practice to using a form of estate planning we call Life & Legacy Planning, allowing me to guide you skillfully through the decision-making process while looking ahead to proactively avoid issues in the future. 

    If you want to make sure your loved ones are always cared for no matter what the future holds, call me at (650) 600-1735 and I’ll share all the details of our Family Wealth Planning Session, which kicks off our Life & Legacy Planning process. 

    This article is a service of Jeannette Marsala, Personal Family Lawyer. 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 Family Wealth Planning Session, during which you’ll 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.

  • Top 5 Questions to Consider Before Hiring a Lawyer for Your Estate Planning Needs

    Top 5 Questions to Consider Before Hiring a Lawyer for Your Estate Planning Needs

    I know discussing topics like death, incapacity, and other potentially frightening life events, with someone like me, an estate planning lawyer, may feel intimidating or even morbid. Take a deep breath and relax… it doesn’t have to and shouldn’t be that way.

    Hiring a lawyer to help you make wise decisions for life and death can be the most empowering choice you ever make for yourself and your loved ones. The way I explain it to my friends and family is, “estate planning isn’t about planning for your death, it’s about planning for your life.” So, with that frame in mind, let’s talk about how to choose an estate planning attorney, because we aren’t all cut from the same cloth.

    The right lawyer will be there for your family when you can’t be, so you want to understand who the lawyer is as a person, not just an attorney. Of course, you’ll also want to discover the services your lawyer offers and how they run their business.

    Here are five questions to ensure you don’t end up paying for legal services you don’t need, expect, or want. Once you know exactly what you should be looking for when choosing an estate planning lawyer, you’ll be much better positioned to hire an attorney that will provide the kind of love, attention, care, and trust your family deserves.

    01 | How Do They Bill For Their Services?

    Your first question to a lawyer may be, “how much does it cost?” But that’s typically only because you aren’t clear on what else to ask. So we’re going to give you an upgrade here.

    The first question to ask isn’t “how much does it cost,” but rather, “how do you bill for your services and how do you determine what to bill for your services?”

    The right lawyer for you will have a clear answer that helps you understand how they determine how much to charge you and how you’ll be charged. They’ll set clear boundaries and expectations around fees – so there are no surprises.

    When working with an estate planning lawyer, find a lawyer who bills for all their services on a flat-fee, no surprises, basis —and never hourly—unless a court requires it for limited “court-related” services.

    Your lawyer should determine the fees they charge you only after guiding you through a process of discovery in which they learn about your family dynamics and your assets and educate you about what would happen for your family and assets if and when something happens to you. Through that process, they will help you choose the right plan that meets your budget and desired outcomes.

    At my firm, all of our fees are a flat-fee, agreed to in advance, and you choose your fee through our Family Wealth Planning Session process, during which we educate you about the law, and you educate us about your family dynamics and assets. Then, you choose the right plan, at the right price, for the people you love.

    02 | How Will Your Lawyer Respond To Your Needs On An Ongoing Basis?

    One of people’s biggest complaints about working with lawyers is a lack of responsiveness. We’ve even heard of situations in which clients went weeks without getting a call back from their lawyer. It’s unfortunate, and yet it makes sense when a lawyer doesn’t have systems in place to ensure they can serve their existing clients and respond to the needs of past clients.

    So, to ensure your lawyer can be responsive to your needs, ask them how quickly calls are typically returned in their office and if someone will be on-hand to answer quick questions when and as needed.

    Ideally, all calls to your lawyer should be pre-scheduled with a clear agenda, so you both can be ready to focus on your specific needs.

    03 | How Will Your Lawyer Proactively Communicate With You On An Ongoing Basis?

    Sadly, most lawyers fail to communicate regularly with their clients. As a result, if you’ve created an estate plan in the past, you may have had a “checked off the list and done” kind of experience and not even realized that estate planning means a lifetime of wise legal and financial decisions, not a one-and-done kind of thing.

    Unfortunately, most lawyers don’t have their business systems set up for ongoing, proactive communication. They don’t have the time to get to know you or your family and then keep your plan up to date throughout your life.

    Work with a lawyer who has systems to keep your plan updated to ensure your assets are protected (throughout your life) and who will communicate with you regularly.

    Additionally, ask them how they will proactively support you in keeping your plan up to date on an ongoing basis and be there for your loved one’s when you can’t be.

    Think of it this way: Your estate plan includes a set of documents, but your plan is far more than those documents. Your plan is an inventory of your assets, which changes throughout your life. It’s a structure and container for who and what your family will turn to when something happens to you.

    You want to work with a lawyer with systems to keep your documents up to date and ensure your assets are owned correctly throughout your lifetime. Ideally, the lawyer should get to know you and your family over time so that when something happens, your lawyer can be there for the people you love. There will already be an underlying relationship and trust.

    04 | Can You Call About Any Legal Problem Or Just About Matters Within Their Specialty?

    Given the complexity of today’s legal world, lawyers must have specialized training in one or more specific practice areas, such as divorce, bankruptcy, wills and trusts, personal injury, business, criminal matters, or employment law. You do NOT want to work with a “door law” attorney – a lawyer who professes to be an expert in whatever random legal issue walks through the door.

    That said, you do want your personal lawyer to have broad enough expertise to consult with him or her about all sorts of legal and financial issues that may come up in your life—and trust he or she will be able to offer you sound guidance about whether you have a legal issue, or not. And while your lawyer won’t be able to advise you on all legal matters, he or she should be able to refer you to other trusted professionals who can help you.

    Trust me, you wouldn’t want the lawyer who designed your estate plan also to handle your personal injury claim, settle a dispute with your landlord, and advise you on your divorce. But you do want him or her to be there to hear your story, refer you to a highly qualified lawyer who specializes in that area, and overall, serve as your go-to legal consultant.

    In this capacity, you can consult your personal lawyer before you sign any legal documents, any time you have a legal or financial issue arise, or whenever anything that might adversely affect your family or business comes up, and know that you’ll get excellent guidance.

    05 | What Happens When They Die Or Retire?

    We all die, including your lawyer. And they may retire before they die. So be sure to ask what the plan is for your plan and your family when they do.

    This is a critically important—and often overlooked—question to ask your lawyer and any service professional before beginning a relationship. Sure, it may be uncomfortable to ask. A client-centered professional will have a succession plan to ensure their clients are cared for no matter what happens to the lawyer managing your plan.

    Look for a lawyer with a detailed plan that will ensure that someone warm and caring will take over your planning without any interruption of service.

    Here at our law firm, we work with a community of lawyers just like us who serve clients as a Personal Family Lawyer with Life & Legacy Planning.  We have a network of successor attorneys who practice with the same morals and model as we do, so if anything happens to us, you will be treated with the same level of care and relationship that we provide.

    A Lasting Relationship

    Although hiring the right estate planning lawyer may not seem that important, it’s one of the most critical choices you can make for yourself and your family. After all, this is the individual you trust to serve on your behalf to protect and provide for your loved ones during one of life’s most emotionally challenging experiences.

    Should you choose the wrong person for the job, your family could face unnecessary conflicts, expenses, and legal entanglements when they’re most vulnerable. Ultimately, estate planning is far more than having a lawyer create a set of documents for you and then never seeing you again or only seeing you when something goes wrong.

    We develop a relationship with you and your family that lasts a lifetime. Our unique, family-centered legal services are specifically tailored to provide our clients with the kind of love, attention, and trust we’d want for our loved ones. To learn more about our one-of-a-kind systems and services, schedule a Family Wealth Planning Session today.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. 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 Family Wealth Planning Session, during which you’ll 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.

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