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.

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, and yet 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.

Access to Credit and Loans

You likely rely on credit and loans for various purposes, such as buying a home, financing education, or handling unexpected expenses. When the national debt ceiling is extended, it can create uncertainty in the financial markets, leading to higher interest rates and tighter lending conditions. This means that securing affordable credit and loans for major life milestones or managing financial emergencies may become more challenging.

One of the ways you can mitigate this impact could be to consider starting a business or a side hustle, so you can create multiple revenue streams instead of just being reliant on one, and leverage access to business credit, which can be more accessible and less expensive than using personal credit, even in tight lending markets.

Consumer Confidence and Spending Habits

Your family’s financial health may be closely tied to the state of the external economy. When there is uncertainty surrounding the national debt ceiling, coupled with high inflation, it can affect consumer confidence and spending habits. As people become concerned about the government’s ability to manage its debt, they may tighten their spending, leading to decreased demand for certain goods and services. This can have a direct impact on your job stability, income growth, and even your ability to save and invest for the future.

One way to mitigate this risk is to begin to separate the well-being of your family from the greater economy by creating your own local economy, wherever possible. If that feels far afield, consider ways that you can begin to generate income locally by making a product that friends and neighbors would want and need, or providing a side service within your local community.

If you decide to go this route, contact me to discuss options to create your side business in the most tax-advantaged and liability protected manner.

Government Programs and Support

Government programs and support play a crucial role in many families’ lives, especially during challenging times. However, when the national debt ceiling is extended, it can put pressure on government budgets, leading to potential cuts or delays in funding for essential programs and services. This may directly affect your access to healthcare, education, housing assistance, and other forms of support that your family relies on.

If you have a child or family member with special needs or an elderly family member you are supporting this may affect you even more. Now is the time to get into closer relationship with your nuclear and extended family, marshall all the family resources, and get into conversation around how you can use all the family resources to support all of the children and elders in the best way possible. If you need help speaking to your parents, or considering how best to ensure a lifetime of support for a child with special needs, give us a call and let’s strategize together.

Tax and Fiscal Policies

Changes in tax and fiscal policies, often influenced by the national debt, can have a significant impact on your family’s finances. As the government seeks ways to manage the national debt, it may consider adjustments to tax rates, deductions, or credits. These changes can directly affect your take-home income, savings, and overall financial planning. Understanding and adapting to these shifts is crucial for effectively managing your family’s budget and long-term wealth and legacy.

You can be fairly certain tax rates will go up to support the debt extension. And, the middle class, especially those who do not know how to mitigate tax impacts with legal entity structuring, are likely to bear the burden. If you want to leverage the tax-advantaged strategies of the wealthy to keep more money in your local community, and in your family’s bank account, contact us to discuss options.

Ongoing Guidance for Your Family

We understand that managing your family’s financial and legal well-being can feel overwhelming, especially when it’s hard to know how changes in the law and the financial landscape will affect you. But remember, you don’t have to face these challenges alone. As your Personal Family Lawyer® firm, our mission is to provide you with the support and guidance you need as you navigate changes in the law so you can build a life you love while protecting and preserving your wealth and legacy for the next generation.

While we aren’t financial advisors, we can connect you with a trusted network of professionals and work alongside your financial and tax advisors to make sure your estate plan coordinates with your overall financial plan and protects your family’s wishes and wealth no matter what the future brings.

Ready to protect your family’s wealth and preserve your assets and your story for generations to come? We invite you to schedule a free 15-minute call to learn more.

Click here for the scheduling link.

THIS ARTICLE IS A SERVICE OF LIZ SMITH, IN JUNEAU, ALASKA. 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 LIFE AND LEGACY 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 AT 907-312-5436 TO SCHEDULE A LIFE AND LEGACY PLANNING SESSION AND MENTION THIS ARTICLE TO FIND OUT HOW TO GET THIS $750 SESSION AT NO CHARGE; OR BOOK A TIME FOR OUR TEAM TO CALL YOU AT A TIME YOU CHOOSE.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms®, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

July is National Family Reunion Month and the perfect time to reconnect with family from near and far, share life’s updates, and reminisce about the wonderful memories you share together. If you’re getting together with family this month, it’s also a perfect time to talk to your loved ones about your shared goals, family resources and the legacy you want to leave behind for the next generation. 

You might think that estate planning is too somber a topic for a happy family reunion, but it can actually be an opportunity to bring you closer to your loved ones by giving everyone time to speak openly about their wishes for the family and can help everyone feel unified by working together toward the family’s future wellbeing.

Not sure how to bring up estate planning in a way that makes your family feel empowered? Keep reading to learn how to navigate the conversation without scaring away party guests!

Invite Your Loved Ones to the Conversation In Advance

No one wants to be that party guest who won’t stop talking about a sad news story or their personal troubles. Don’t get me wrong, it’s important to share the good and the bad with our loved ones, but pushing a mellow topic at a happy occasion is sure to dampen the mood and turn off the other guests.

Instead of bringing up the topic on the spot at your reunion, reach out to your relatives in advance and let them know that you’d like to set aside some time during the reunion to talk about your family’s legacy and how you can work together to take care of each other in the future. 

Everyone likes to feel they’re being looked after and that their input in family matters is wanted and valued. Any ongoing concerns with your family, such as an aging relative’s declining memory or your upcoming knee surgery, are great lead-ins to bring up the topic in a way that feels natural.

If anyone is resistant to the idea of talking about estate planning, don’t push them. Instead, keep your energy warm and empathetic, and keep the invitation to the discussion open in case they change their mind.

Be Vulnerable and Explain Why Estate Planning Is Important to You

Assure everyone that the goal of the conversation is to make sure the family’s future security and well-being are taken care of no matter what happens – not to try and pry into anyone’s finances, health, or relationships. Instead, it’s about ensuring everyone’s wishes are clearly understood and respected, and not about finding out how much money someone stands to inherit.

Be sure to tell your family that talking about these issues now 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 in the future. 

Instead, tell your loved ones that you’d like to start the conversation about estate planning early and continue it as an open dialogue with the whole family for years to come. Positioning the conversation as one about planning for the future health and well-being of your family rather than as a conversation about dividing assets at someone’s death will help your relatives will feel more at ease, and some may even be eager to be involved in the conversation.

If you have not yet handled your own planning, now would be a great time to start so you can have the conversation with your loved one’s by sharing about your personal experience and how handling your own estate planning has helped you to think more deeply about what matters to you, how you want to live out the rest of your life, and how you’d love to share this experience with your whole family.

Set a Time and Place for the Conversation

Rather than trying to find the right moment to bring up the topic, set a time and a place with your family in advance of the get-together. Be sure to schedule a specific time, but don’t feel like the meeting invite needs to sound too serious or foreboding. Asking if everyone can meet around the fire pit at 6:00 pm or meet at your house for coffee at 9:00 am is perfect.  

I also recommend giving everyone an end time for the discussion as well. By doing this, your loved ones will know what to expect and won’t feel worried that the conversation will eat up too much of their time.

Setting boundaries for the conversation will also help motivate members of your family to participate and stay on topic.

To make things even easier, come to the meeting with a list of the most important points you’d like to cover and encourage your family members to do the same. But, keep the list short so you don’t go over the time you’ve set aside for the discussion.

If there are too many things to cover in the time allotted, that’s okay. Talk about the most important topics and agree as a family to get together again on a specific date either in person, on the phone, or via video chat to continue the discussion and flesh out any details that were left for later.

Focus on Your Family’s Legacy

While talking to your loved ones about estate planning, remember to talk about your family’s legacy and your desire to pass on your cumulative stories, memories, values, and lessons to the younger generation and beyond. A family reunion is a wonderful way to come together, and estate planning can be an amazing tool for memorializing your family’s most important assets- your human assets.

You and your loved ones have generations of stories, traditions, and triumphs worth protecting and celebrating. Let your family know that estate planning isn’t just about planning for death – it’s also about planning ahead so you can enjoy your life to the fullest knowing that everything and everyone you love will be taken care of if you become ill or when you die. 

For my clients, it’s also a unique opportunity to capture your family’s most valued memories and stories through a process I call the Family Wealth Legacy Interview. During the Interview, I help my clients record the things that mean the most to them and the things they want to pass on that are far more valuable than money.

What would be more precious than being able to share and watch this recording of our loved ones at future family reunions for generations to come? 

If you would like more advice on how to talk to your family about estate planning or are interested beginning your own estate planning journey so you can ensure your family is taken care of and share your personal planning experience with your family, give me a call through THIS link.

As your Personal Family Lawyer®, it’s my passion to guide you through every stage of planning your life and legacy, and when there’s an opportunity for an entire family to come together on their estate planning goals, love and happiness are bound to follow.

THIS ARTICLE IS A SERVICE OF LIZ SMITH, IN JUNEAU, ALASKA. 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 LIFE AND LEGACY 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 AT 907-312-5436 TO SCHEDULE A LIFE AND LEGACY PLANNING SESSION AND MENTION THIS ARTICLE TO FIND OUT HOW TO GET THIS $750 SESSION AT NO CHARGE; OR BOOK A TIME FOR OUR TEAM TO CALL YOU AT A TIME YOU CHOOSE.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms®, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

Vacations are a time to relax, unwind, and create beautiful memories with your loved ones. But before you set off on your adventure, it’s essential to ensure that your legal affairs are in order so you can fully relax during your travels. 

Can’t imagine doing one more thing before you take some much-needed time away? 

Don’t worry!  As your Personal Family Lawyer®, I’m here to guide you through these important tasks, so you can enjoy your vacation worry-free. Plus, these steps only take a little time to complete and can provide you with peace of mind knowing that you have made proper arrangements if the unexpected happens to you or your family while you’re away.

Let’s dive in! (No pool puns intended!)

1. Create Powers of Attorney

Whether you’re traveling overseas or just a few hours away, it’s crucial to have Powers of Attorney in place for both health care and financial matters before you leave. 

A Healthcare Power of Attorney designates someone you trust to make medical decisions on your behalf if you become incapacitated during your vacation. While no one plans to become incapacitated, a slip on the diving board, an injury while boating, or a parasite caught from local cuisine (eek!) can happen.

Similarly, a Financial Power of Attorney empowers a trusted individual to manage your financial affairs for you. With a Financial Power of Attorney, you can give someone the authority to manage your investments or pay your bills away while you’re gone, or just have it as a safety net in case you become incapacitated or can’t be reached while traveling. 

By having these documents prepared ahead of time, you can ensure that no matter what hiccups you run into on your travels, your wishes for your health will be respected and your financial affairs will be handled according to your instructions, even when you’re away.

2. Nominate Permanent Legal Guardians for Your Kids

As a parent, naming a Permanent Guardian for your children is one of the most important decisions you can make. While it’s a difficult topic to consider, designating a Permanent Legal Guardian ensures that your children will be cared for by someone you trust if the unexpected happens while you’re on vacation. 

It’s a good idea to take a little time to choose someone who shares your values, loves your children, and is willing to take on the responsibility of raising them. However, anyone you trust to raise your kids is a better choice than leaving the decision up to a judge who doesn’t know you or your family. 

By documenting your chosen Guardian, you make sure your children will be cared for by someone who loves them and knows them if the unthinkable happens to you, and you can always update your choice at any time in the future as your children and their relationships change over time.

3. Designate Short-Term Guardians for Your Kids

In addition to naming a Permanent Guardian, it’s equally crucial to designate short-term Short-Term Legal Guardians for your children. Short-Term Guardians step in when the Permanent Guardian lives far away, or in case of a short-term, immediate emergency. 

You can give multiple people the authority to be your child’s Short-Term Guardian, including relatives, neighbors, or nannies. When planning a vacation, it’s a good idea to name any adults who your child will be staying with while traveling with you or staying home.  

For example, if your child is spending the week at their grandparents’ house, you should name their grandparents as Short-Term Guardians and give them medical Power of Attorney for your minor child. If your child is traveling with you, naming any adult travel companions as Short-Term Guardians and giving them medical Powers of Attorney is a wise choice in case a Guardian or Medical POA is needed for your child while on your trip.

Discuss this arrangement with the individuals you’ve chosen and make sure they’re aware of their roles and responsibilities. By establishing Short-Term Guardians and Medical POAs, you can ensure that your children are well-cared for in the event of an emergency.

4. Tell the People You Trust About Your Plans

Last but not least, make sure that the people you trust know about your travel plans and the preparations you’ve made, including where you’ll be staying and how to get in contact with you. 

Let them know about any legal documents you’ve put in place, and how to access them if needed. Share this information with your chosen Guardians, family members, and close friends. By keeping everyone in the loop, you can ensure that your wishes are known and your loved ones can act swiftly and effectively in case of an emergency. 

You should also provide your loved ones with my contact information in case they need copies of your Powers of Attorney or kid’s Guardianship documents or need them delivered digitally.

Estate Planning for The Life (And Vacation) You Deserve

As you pack your bags and prepare for your vacation, don’t overlook the importance of handling your legal affairs. Taking the time to create Powers of Attorney, Permanent and Short-Term Legal Guardians for your children, and communicating your plans to trusted individuals can provide you with peace of mind and save your family incredible stress if there’s an emergency while you’re away.

To ensure that these documents are prepared correctly and in accordance with your state’s laws, I encourage you to contact me, your Personal Family Lawyer®. I start by guiding all of my clients through a unique process I call the Life and Legacy Planning Session. During the Session, I get to know you and your family on a personal level and review exactly what you own and who you love to make sure everything and everyone is protected and cared for in the best way possible when you pass away or if you become incapacitated. 

And if we find that things wouldn’t go the way you wanted if something happened to you, I can help you create a custom estate plan that leaves no rock unturned.

Don’t let the joy of vacation be overshadowed by the “what if’s.” Contact me today for a free 15-minute call to learn more. 

THIS ARTICLE IS A SERVICE OF LIZ SMITH, IN JUNEAU, ALASKA. 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 LIFE AND LEGACY 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 AT 907-312-5436 TO SCHEDULE A LIFE AND LEGACY PLANNING SESSION AND MENTION THIS ARTICLE TO FIND OUT HOW TO GET THIS $750 SESSION AT NO CHARGE; OR BOOK A TIME FOR OUR TEAM TO CALL YOU AT A TIME YOU CHOOSE.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms®, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

Get ready for an interesting twist in the world of legal and business news. You may already be familiar with the upcoming Corporate Transparency Act, set to kick in next year. If you aren’t, it’s time to get in the know because it could impact you, and if it does, you’ll need support. Starting January 1, 2024, every small business will be obligated to submit an annual report revealing the names of their major owners. Now, here’s where it gets intriguing. If you happen to have a Trust that holds partial or full ownership in a business, that business might be required to disclose private details about your trust, including details about the name of your Trustee or beneficiaries, in your annual corporate report to the government.

But hold on, you might be wondering, how do you figure out if your Trust needs to be reported? Fear not, for I have some answers. Keep reading, and you’ll soon uncover all the essential details!

What Is the Purpose of the Corporate Transparency Act and What Does It Require?

Introducing the Corporate Transparency Act! Enacted in 2020 and set to take effect on January 1, 2024, this Act aims to tackle money laundering and terrorism financing schemes involving “shell” corporations—companies that exist merely on paper and don’t engage in actual business or trade (like “Vamonos Pest” in Breaking Bad).

Under this Act, small companies will now have to disclose the names of any owners who hold 25% or more ownership in the company, as well as any individuals who exercise significant control over the company’s activities. The goal is to identify and expose shell corporations that are frequently involved in money laundering, as such illicit activities tend to occur within small businesses rather than large corporations.

To comply with the requirements, businesses must submit an annual report to the Financial Crimes Enforcement Network (FinCEN) containing the following details about each owner or controller:

  • Business name
  • Current business address
  • State in which the business was formed and its Entity Identification Number (EIN)
  • Owner/controller’s name, birth date, and address
  •  Photocopy of a government-issued photo ID (such as a driver’s license or passport) of every direct or indirect owner or controller of the company

Failing to file an annual report could result in serious repercussions, from paying a fine of $500 for every day the report is late up to imprisonment for two years.

Does My Trust Need to Be Disclosed?

Since a Trust can own a business or a share of a business, Trusts are also involved in the Corporate Transparency Act, but under more limited circumstances.

So how do you know if your Trust information will need to be disclosed?

Let’s break it down…

The new rule applies to any company that is created by filing a formation document with the Secretary of State or a similar office, such as corporations and limited liability companies (LLCs).

Non-profits, publicly traded companies, and regulated companies like banks and investment advisors are exempt from the rule. Large companies are also exempt if they have 20 or more full-time employees in the US and generate $5 million in sales. So, if your trust owns a share of any of these types of companies, it does not need to be reported.

If you have an LLC or corporation you created but aren’t actively using to run a business, that company is exempt from reporting due to its inactivity, so your Trust would not be reported in that instance, either.

But, if your Trust owns a share of a small, for-profit company, (like a small family business or local investment) the beneficial owner of the Trust will need to be reported to the Financial Crimes Enforcement Network.

The beneficial owner is the person or people who benefit from the Trust or have the power to make major decisions about the Trust assets. Depending on how your Trust is written, this is usually the trustee, but it can also be the beneficiaries of your Trust. 

Make sure to contact us to have your Trust reviewed before 2024 to make sure you report the correct beneficial owner of your Trust.

Does the Corporate Transparency Act Affect My Trust’s Asset Protection?

One of the best things about creating a Trust is that it provides you and your family with an extra level of privacy and provides asset protection from divorce or lawsuits for your Trust’s beneficiaries after you’re gone.

Thankfully, having a Trust that owns a business or a share of a business doesn’t take away from the Trust’s ability to provide asset protection to your heirs.

And while the new Corporate Transparency Act rule reduces some of the privacy benefits that come with owning assets in a Trust, the names of your Trust, trustees, and beneficiaries are not made public and are only used by the government for the specific purpose of investigating financial crimes. 

Because of this, Trusts remain an excellent tool for providing privacy, avoiding probate, and setting up your family with a lifetime of asset protection and financial security.

Guidance for Your Family Now and For Years to Come

If you have a Trust or are curious about creating an estate plan for your family, you may be wondering how changes in the law will affect your plan in the future and how you can possibly plan for them.

As your Personal Family Lawyer®, that’s where I come in. Unlike many estate planning attorneys who serve their clients once and never see them again, I see estate planning as a life-long relationship.

Your life and the world around you are constantly changing, and your estate plan should too.

That’s why I keep my clients informed about any changes in the law that may affect their estate plan and offer to review your plan for free every three years to make sure that your plan still works for you just as well as it did on the day you created it.

If you’re ready to create a custom plan for the ones you love or have questions about how the Corporate Transparency Act might affect you, schedule a free call today.

I can’t wait to serve you now and for years to come.

THIS ARTICLE IS A SERVICE OF LIZ SMITH, IN JUNEAU, ALASKA. 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 LIFE AND LEGACY 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 AT 907-312-5436 TO SCHEDULE A LIFE AND LEGACY PLANNING SESSION AND MENTION THIS ARTICLE TO FIND OUT HOW TO GET THIS $750 SESSION AT NO CHARGE; OR BOOK A TIME FOR OUR TEAM TO CALL YOU AT A TIME YOU CHOOSE.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms®, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

Last week we started the discussion of why it’s so important for LGBTQ+ families to invest in custom estate planning. While major strides for LGBTQ+ rights have been made in recent years, estate planning law is still written with hetero, cisgender couples in mind, which means that your wishes and your rights may not be respected when you die or if you become incapacitated without proper planning in place.

This week, I’m covering two more reasons why every LGBTQ+ family needs custom estate planning. 

And if you missed last week’s blog, make sure to read it here to get the full scoop.

Let’s get started!

3. Most Traditional Lawyers Aren’t Well Equipped to Serve LGBTQ+ Families

Although same-gender and LGBTQ+ relationships are more publicly recognized now than ever, creating effective estate plans for LGBTQ+ clients is still new territory for many traditional lawyers. 

Some lawyers simply lack experience serving LGBTQ+ families because these families didn’t have the same rights as cisgender couples until just eight years ago – and while that’s nearly a decade, it’s only a fraction of most lawyers’ practicing careers. For traditional lawyers who are in their 30th year of practice, new developments in LGBTQ+ planning are still fairly foreign.

The same is true for many LGBTQ+ families. In addition to same-gender marriage being relatively new, many LGBTQ+ families haven’t pursued estate planning due to a lack of knowledge about its importance or its availability to them. After all, only 30% of American adults have an estate plan, (yikes!), and only a small portion of that 30% are in a LGBTQ+ relationship.

For lawyers who create cookie-cutter plans for their clients (which is more lawyers than you’d like to think), the amount of custom estate planning language necessary to make an effective plan for an LGBTQ+ family is more than many lawyers know how to do or want to do. 

That leaves a shocking number of traditional attorneys who simply aren’t prepared or experienced enough to serve LGBTQ+ families in a way that creates effective plans and also honors their family and their legacy.

Sadly, some traditional lawyers don’t feel comfortable serving LGBTQ+ families and don’t even accept them as clients! 

Because of this, it’s crucial to work with an attorney who isn’t just comfortable working with LGBTQ+ families, but is passionate about getting to know your family on a personal level and creating a plan that celebrates all that you’ve done and all that you hope for your family in the future.

4. Keep Your Kids with the Ones They Love

If you’re in an LGBTQ+ relationship, you know that family isn’t just about bloodlines – it’s also about your chosen family and the bond and love you share for each other. 

And if you have children, you know that ensuring their well-being and protection is of the utmost importance. 

In the event that something happens to you, it’s crucial to have a plan in place that addresses who will be your children’s legal guardian, and this is especially true if the children in your family aren’t biologically related to one of the parents, such as step-children or children born to same-sex parents who aren’t married.

Not only can these situations create some unique legal planning, but LGBTQ+ parents may also face resistance from family members who may not support children living with a biologically unrelated guardian or an LGBTQ+ guardian, whether you and your partner were married or not.

Similarly, if your family is resistant to certain lifestyle or parenting choices you have made – such as gender fluidity in how you raise your child or the topics you discuss within your family – it’s incredibly important to name guardians who align with your beliefs and who will honor your wishes for how you want your children to be raised.

Legal Guardians Are Even More Important for LGBTQ+ Families

To avoid potential disputes and ensure the continuity of care for your children, it’s essential to designate legal guardians for your children explicitly in your estate plan. By doing so, you can legally establish who you want to care for your children in your absence regardless of the guardian’s relationship to your children or their sexual orientation.

By documenting who you would want to raise your children clearly and legally, you help ensure that your children will always be raised by the people you choose and the people your children love. 

Otherwise, you leave space for relatives who do not agree with your beliefs to try to take over the position of guardian and raise your children in a way you would not agree with – possibly even keeping them away from the other parent figures in their life.

Choose a Lawyer Who Understands and Honors Your Unique Family

Finding a lawyer who truly understands your unique situation is crucial in making sure your loved ones are taken care of by people who love and respect them, regardless of biology or sexual orientation. You deserve a plan that celebrates your love, family, and future.

This Pride Month, celebrate all that you are by protecting everything you love. As your Personal Family Lawyer®, I understand the unique challenges that LGBTQ+ families face. That’s why I don’t practice law in the traditional way.

Instead, I put heart at the center of my practice – making sure to truly get to know you, your loved ones, and your needs so you can not only protect your family and document your wishes but create a legacy and a story for your loved ones that they’ll cherish for years to come.

To learn more about how I serve LGBTQ+ families differently, schedule a free 15-minute discovery call.

Happy Pride Month!

THIS ARTICLE IS A SERVICE OF LIZ SMITH, IN JUNEAU, ALASKA. 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 LIFE AND LEGACY 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 AT 907-312-5436 TO SCHEDULE A LIFE AND LEGACY PLANNING SESSION AND MENTION THIS ARTICLE TO FIND OUT HOW TO GET THIS $750 SESSION AT NO CHARGE; OR BOOK A TIME FOR OUR TEAM TO CALL YOU AT A TIME YOU CHOOSE.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms®, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

June is a time of celebration and reflection for the LGBTQ+ community as Pride Month shines a spotlight on the progress made in the fight for equal rights. While significant strides have been made, such as the legalization of same-gender marriage and increased recognition of LGBTQ+ families, there is still a large gap in estate planning for LGBTQ+ individuals that could leave your loved ones with a big mess.

Estate planning laws are still written for hetero, cisgender individuals, and many lawyers aren’t well equipped to customize their estate plans to account for the unique family dynamics and wishes of LGBTQ+ clients. Sadly, if you have LGBTQ+ family members or are in a non-traditional family dynamic of any kind and don’t have a custom estate plan, the people you love most could find themselves accidentally disinherited from your estate or stuck in a lengthy and expensive court battle.

To make sure your family is well-cared for no matter how the law defines you, keep reading to learn why customized estate planning is so crucial for LGBTQ+ and all non-traditional humans.

1. Care for Your Family as You Define It

The concept of family has expanded far beyond the confines of the traditional “nuclear family.” Gratefully, we now celebrate the beautiful diversity of family structures, encompassing same-gender couples, unmarried partners, civil unions, polyamorous relationships, and an array of other unique family dynamics. However, when it comes to death or incapacity, the law still lags behind, often failing to accommodate non-traditional family units in ways that you would choose.

If you die without an estate plan in place, the law will apply the state’s default estate plan to your unique situation. Under the law’s default plan, your possessions and money will pass to your next closest relatives by blood or marriage. If you aren’t legally married to your partner or partners, the people you love will be automatically disinherited in the event of your death.

Likewise, if you have children that are unrelated to you genetically who you haven’t formally adopted, like a partner’s child or stepchild, those children will not receive anything from your estate after you die. Even if you’re married to the child’s parent, the law does not recognize a stepchild as a direct descendant and therefore doesn’t include them in its default plan.

To make sure the people you love — your chosen family – are taken care of, no matter how the law labels your family, it’s important to create a custom estate plan that ensures your assets are distributed according to your wishes and that your partners, children, and chosen family members are protected and cared for if something happens to you, even if may not be recognized under default inheritance laws.

2. Protect Your Financial and Health Care Rights

If you ever wondered who would take care of you and your things if you become ill or incapacitated, your first thought is probably your partner. Right? After all, it seems like common sense that your partner of ten years (or 2 years, or 5 years, or 20!) should be the one to make healthcare decisions for you or pay your bills.

But unfortunately, the law doesn’t operate based on what might seem like common sense when we look at our everyday lives and relationships. The law doesn’t assume that you’d want any particular person making decisions for you if you become incapacitated. Instead, your family members will need to go through a stressful court guardianship procedure to be granted decision-making power by a judge.

If your family members can’t come to an agreement on who should be your decision-maker, the court may assign a professional guardian – a complete stranger – to make decisions for you instead!

To avoid court involvement altogether, it’s vital to name your chosen decision-makers – your Powers of Attorney –  long in advance of ever needing them. This is especially important if you want to choose a decision-maker who isn’t related to you by blood or if you want to make sure that any certain lifestyle choices or beliefs such as a special diet, style of dress, or hormone therapy are still carried out if you’re incapacitated. 

If you don’t put these wishes on paper and name someone you trust to uphold them, it’s likely a judge won’t appoint your chosen decision-maker. In this case, the person the judge chooses can make whatever decisions for you they feel is best, even if that means ignoring your chosen gender expression or identity.

No one expects to become incapacitated due to an illness or injury, but sadly, it happens. Legally naming a decision maker in advance and talking about your wishes with them and your extended family helps safeguard your rights and ensures that your wishes for how you are cared for are honored while avoiding family conflict as much as possible.

Work With a Lawyer Who Understands You

Protecting your family and your wishes as an LGBTQ+ individual requires the guidance and expertise of a lawyer who understands your unique circumstances and desires for your family. That’s where we come in.

While the law may still fall short in accommodating the diverse family structures and dynamics that exist today, we understand that every family is different, and we know how to craft a custom plan that not only protects your loved ones and ensures your wishes are honored, but also embodies the values, beliefs, and stories that make your family unique.

If you want to make sure your LGBTQ+ family will be cared for and supported no matter what the future holds, schedule a free 15-minute discovery call at this link to learn more about how I serve LGBTQ+ families differently than other lawyers. Then, check back next week when I cover part two of this blog.

THIS ARTICLE IS A SERVICE OF LIZ SMITH, IN JUNEAU, ALASKA. 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 LIFE AND LEGACY 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 AT 907-312-5436 TO SCHEDULE A LIFE AND LEGACY PLANNING SESSION AND MENTION THIS ARTICLE TO FIND OUT HOW TO GET THIS $750 SESSION AT NO CHARGE; OR BOOK A TIME FOR OUR TEAM TO CALL YOU AT A TIME YOU CHOOSE.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms®, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

May is Senior Citizen’s Month, a time to reflect and appreciate all the things the seniors in our lives have done for us. Whether they are our parents, grandparents, or elderly friends, our seniors have given us so much over the years. But sometimes seeing your loved ones aging or seeing how you’ve aged yourself may remind you of how quickly time passes and how much you wish you could pause life. 

When you think about a loved one who has passed away, you probably don’t give much thought to the material things they’ve left you. Maybe you have a piece of their clothing that you sometimes hold close to your heart or a favorite item of theirs displayed proudly on a shelf. But what you value most about that object likely isn’t its monetary worth but the memories it evokes of your loved one and the time you spent together.  You wish you could still hear from them, learn from them, and share memories with them.

As your Personal Family Lawyer, I know the value of planning for what happens to your financial assets. But I also know that there is something even more valuable to pass on to your loved ones than money – your stories, lessons, insights, and values. While we might not be able to pause time, there are things we can do to preserve the precious memories and lessons of the people we love.

That’s why I offer a unique service to my clients called a Family Wealth Legacy Interview to help preserve your unique legacy for future generations. The Family Wealth Legacy process is built into all of our plans, and it’s an opportunity to share your love with the ones you care about most, and if you have aging parents or grandparents, the Family Wealth Legacy Interview is an even more important way to preserve their stories and create a cherished memory of their legacy for years to come.

What to Expect During Your Family Wealth Legacy Interview

Family Wealth Legacy Interviews are a key part of my Life & Legacy Planning process. If the idea of giving an interview sounds intimidating, don’t worry – the process is an easy conversation, and most of my clients tell me that their Family Wealth Legacy Interview was their favorite part of the estate planning process and a heart-touching experience.

During your Family Wealth Legacy Interview, we’ll ask you a series of helpful questions and prompts that we plan in advance. Or, you can talk freely about whatever you’d like to share with your loved ones.  It’s your interview, so I encourage you to be your authentic self and make it your own. We’ll be there the entire time to guide you through the process. 

We’ll record your interview on video, either in-person or remotely, depending on your preference. After the interview is completed, we’ll edit the footage and provide you with a digital recording that can be shared with your family members or kept with your estate planning materials as a special memento of your story and your love for your family.

We’ve built this into all of our plans because we find that while everyone says they intend to document stories and write letters to their loved one’s, very few people ever actually get around to it.

Starting the Conversation with Your Loved Ones

Talking to your aging loved ones about estate planning and the legacy that they’ll leave behind can be difficult or uncomfortable for a lot of people. We all deal with the concept of aging and dying differently. Some of us avoid the topic altogether, and others will make light of it and even joke about “kicking the bucket.”  But it’s important to have a conversation about your elder’s wishes and how much it would mean to you for them to plan ahead.

If you aren’t sure how your loved one will respond to the topic, try to come from a vulnerable place, and not from a place of any sort of judgment if they joke about death. Instead, remember that they’re joking because they might be afraid. 

Try saying something like, “I know this might be hard to talk about, but it’s something that’s really important to me. If something does happen to you, I want to make sure that we’re able to take care of you, and I know that you wouldn’t want to leave us with a big mess.”

You could also let your loved one know how much you value them, and how much it would mean to you for them to create a Family Wealth Interview so that you have a recording of them as they are right now before illness or incapacity are even a part of the picture.

By approaching the conversation in a vulnerable way, they’ll likely be more receptive to the idea of planning for their assets and more intentional in how they leave their legacy behind for the ones they care about.

Bringing Families Closer Together

Besides preserving a message for your loved ones, the Family Wealth Legacy Interview is a great time to reconnect with the moments and memories from your life that you might have otherwise forgotten. 

In today’s hectic world, it can be hard to live in the moment, but by taking a little time to reflect on where your life has taken you, you’ll remember all that you’ve accomplished and all that you want to share with your loved ones, not just in your Family Wealth Legacy Interview, but every day. 

Even after the interview is finished, you’ll likely live your life with more intention and awareness of how you want to pass on your values, insights, stories, and experiences in your day-to-day life. And if a senior member of your family is completing their Family Wealth Legacy Interview, you can feel at ease knowing that no matter what the future holds, you’ll always have a video of your loved one sharing their stories, their hopes, their jokes, and their love with you.

The Importance of Life & Legacy Planning

The Family Wealth Legacy Interview is a wonderful tool for seniors and their families, and I offer it as a complementary service to all of my estate planning clients, young and old. It’s part of my comprehensive Life & Legacy Planning process, which goes beyond creating documents and takes a holistic approach to planning for a life you love and a legacy you’re loved ones will cherish forever.

At the core of Life & Legacy Planning is the understanding that your family’s most precious wealth is not money, but the memories you make, the values you instill, and the lessons you pass down. By planning for your life and legacy, you can ensure that your family’s wealth is preserved and protected for generations to come. 

I believe that Life & Legacy Planning is not a one-time event but an ongoing process because it mirrors the ongoing process of your life. By working with an attorney who knows you and has a relationship with you, you make your Life & Legacy Planning as effective as possible and have the opportunity to continue to record your values and wisdom in additional Family Wealth Legacy Interviews as life goes on.

Whether you are growing your family or well into retirement, I work with you to create a plan that evolves over time and adapts to changes in your life and family circumstances.

If you want to pass on more than money to the ones you love and leave them with an even greater gift that they will treasure for generations, give me a call. And if you have a senior loved one, contact me today to see how I can help them not only make a plan for their assets but capture the love and memories they share with you.

THIS ARTICLE IS A SERVICE OF LIZ SMITH, IN JUNEAU, ALASKA. 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 LIFE AND LEGACY 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 AT 907-312-5436 TO SCHEDULE A LIFE AND LEGACY PLANNING SESSION AND MENTION THIS ARTICLE TO FIND OUT HOW TO GET THIS $750 SESSION AT NO CHARGE; OR BOOK A TIME FOR OUR TEAM TO CALL YOU AT A TIME YOU CHOOSE.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms®, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

When you think of estate planning, a Will is usually the first thing that comes to mind. In fact, most people who contact me tell me they don’t need anything complicated for their estate- just a Will. Indeed, Wills have a reputation as the number one estate planning tool and can be seen all over TV shows and movies, from the dramatic “reading of the Will” (which rarely happens in real life) to characters plotting how best to defraud their billionaire uncle’s Will in order to inherit his lavish estate.

But although Wills are a key part of your estate plan – and a big part of the movies – relying on a Will alone won’t solve your estate planning needs – no matter what Hollywood says. Instead, using just a Will to plan your final wishes is likely to leave your loved ones with an expensive mess that won’t distribute your assets in the way you intended.  

What’s more, a Will alone won’t ensure that you’re taken care of in the event of incapacity, and contrary to what you might think, relying on only a Will actually guarantees that your family will need to go to court when you die.

If you don’t want to leave your family with a mess if something happens to you, it’s important to know how a Will works and when it can be used to benefit you and your family. 

What Exactly Is a Will and How Does it Work?

A Will is a written document that directs how the creator of the will wants their possessions disposed of after their death. The creator of the Will is called the testator or testatrix. In your Will you can name someone you trust to manage the distribution of your assets, called your personal representative or executor. You can also write out what you want to have happen to your property, what charitable gifts you want to make, and who will receive them.

A Will can be a complex document or a very simple document. You can even write your Will on a napkin if you really want to!

With that said, a Will isn’t a legally binding document unless it’s executed according to the laws of the state where you reside. In general, you need to sign your will in front of a witness, and sometimes a notary. 

Some states have laws that allow you to create a Will that isn’t witnessed at all so long as it is handwritten by the testator themselves. But because every state has different laws for the creation of a Will, it’s important to consult with an experienced estate planning attorney (like me) to create your Will rather than trying to write your own.

A Will Requires Probate Court

One of the biggest estate planning myths I hear from clients is the belief that by having a Will, their loved ones won’t need to go to court after they die.

This is sadly the opposite of the truth.

If you use only a Will as your main method of estate planning, you are actually guaranteeing that your loved ones will go to court after you die because a Will is required by law to go through the court system called probate before any of your assets can be distributed. In fact, a will is only effective within the probate court.

Once your Will is admitted to the court after your death, your personal representative or executor will be given official authority to move your assets under the court’s supervision. This ensures your property is distributed according to your wishes and that the court can intervene if there are any disputes over who gets what.

While court oversight can be helpful if there is any confusion or disagreement about your estate, the probate process is long and expensive. For very small estates the process may take about 6 months, but for most estates, the process can take 12 – 18 months or sometimes even more. 

Due to the length and complexity of the process, going through probate can easily cost your family tens of thousands of dollars. Some states even require that probate cost a certain percentage of your estate’s value.

In addition, because probate is a public court proceeding, your Will becomes part of the public record upon your death, allowing everyone to see the contents of your estate, who your beneficiaries are, and what they’ll receive. Unfortunately, it’s not uncommon for scammers to use this information to try to take advantage of young or vulnerable beneficiaries who just inherited money from you.

A Will Does Not Apply to All of Your Assets or All of Your Needs

Although movies make it seem like you can and should leave all your property to your loved ones through your Will, a Will actually only covers certain items of your property, including any property owned solely in your name and any property that doesn’t have a beneficiary designation.

A Will does not cover property co-owned by you with others listed as joint tenants or owned as marital property, meaning you can only give away your share of any property you own with others, not the entire property.

Any assets that have a beneficiary designation, like retirement accounts or life insurance, are not controlled by your Will at all but will instead be paid out to the person listed as your beneficiary on each account. Because of this, it’s especially important to make sure your account beneficiaries are up to date.

In addition, a Will has no power until you die, so you can’t use it to give someone you trust the power to make decisions for you if you’re incapacitated due to illness or injury. Even if you named someone in your Will to manage your estate or watch over your children, that person will have no authority to do so while you’re alive. 

Don’t Just Get a Will, Get an Estate Plan

With all the issues that using a Will for estate planning can create, you might be wondering why a Will is even used at all. The thing is, a Will isn’t the one-and-done solution that most people are led to believe by TV shows and even some lawyers.

Instead, a Will should be used as a piece of your overall estate plan, not as the entire plan itself.  And ideally, your Will shouldn’t even need to be used at all. 

How can that be? Well, an estate plan isn’t just one or two documents – it’s a range of tools and coordinated planning that makes sure everything and everyone you love is taken care of.

And by using better tools like a Trust instead of a Will as your main tool for estate planning, you can direct what happens to your property while avoiding probate court entirely and ensuring the people you trust can step in and manage your assets immediately if you become incapacitated because of an illness or injury. 

In addition, any assets you put in the name of your Trust are entirely private, meaning the court and the public will never know what you own or who will inherit it after you’re gone. 

When using a Trust-based estate plan, you’ll still have a Will, but your Will should only need to serve as a backup and safety net to make sure that any assets that are accidentally left out of your Trust at your death are added back into your Trust.

And, even more important than both a Will and a Trust, is an inventory of your assets so your family knows what you have, where it is, and how to find it when you become incapacitated or die. Without an inventory of your assets, your family will be literally lost when something happens to you. A comprehensive inventory updated throughout your lifetime is a critical, and often overlooked, piece of an estate plan that is not “just a Will”. 

If you’re ready to see how having an estate plan for your family is different than having “just a Will,” schedule your Life and Legacy Planning Session today. During the session, we’ll review an inventory of everything you have and everyone you love, and together look at what would happen to your possessions and loved ones when something does happen.  Then, I’ll help you develop a plan to make sure your loved ones are taken care of when you can’t be there and that your plan works for you, and for them, exactly as you want it – at your budget and within your desires. 

Most importantly, I don’t just create documents – I guide you and your family through every step of the process, now and at the time of your passing. I even help all of my clients pass on something more valuable than their money – their values, stories, and wisdom – through a Family Legacy Interview.

To get clear on what you really do need for yourself and the people you love, click this link so you can get on the road to your Life and Legacy Planning Session today.

THIS ARTICLE IS A SERVICE OF LIZ SMITH, IN JUNEAU, ALASKA. 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 LIFE AND LEGACY 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 AT 907-312-5436 TO SCHEDULE A LIFE AND LEGACY PLANNING SESSION AND MENTION THIS ARTICLE TO FIND OUT HOW TO GET THIS $750 SESSION AT NO CHARGE; OR BOOK A TIME FOR OUR TEAM TO CALL YOU AT A TIME YOU CHOOSE.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms®, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

Blended families were once considered “non-traditional” families, but today, blended families are becoming just as common as non-blended families. Currently, 52% of married couples (or unmarried couples who live together) have a step-kin relationship of some kind, and 4 in 10 new marriages involve remarriage. 

If you’re part of a blended family, you’ve probably recognized the extra layer of complexity that comes with planning for your family’s needs and accommodating the many relationships that exist between step-parents, step-kids, and step-siblings. Topics that might be straightforward for a “traditional” family – such as where to spend the holidays or who gets the old family car  – are more complex. 

Feelings tend to be more sensitive, as the person in a “step” role may feel self-conscious about their place as the “outsider” of the family, whereas on the other hand, one parent’s children may feel put out by the addition of a new step-parent, step-sibling, or half-sibling when their mother or father remarries.

In a blended family, you work hard to navigate these complexities to keep the family unified and happy. But what you might not know is that our laws for what happens if you become incapacitated or die are still very much based on the traditional family model, which means that your blended family will likely end up in court and conflict without planning for them in advance.

What Estate Law Says About Blended Families

Every state has different provisions for what happens when you become incapacitated or die, and the laws of the state where you become incapacitated or die may or may not match your wishes. What’s more, even though you may see your step-family members the same way as your blood relatives, the law does not.

For example, in Colorado, if you are survived by a spouse, your surviving spouse would only receive a part of your estate if you have living children (or parents!), and your living children or parents would receive the rest. And the amount your spouse receives is variable based on the number and ages of your children.

In contrast, in California, all community property assets would go to your surviving spouse, and separate property assets would be distributed partially to a surviving spouse and partially to children, if living, in amounts depending on the number of surviving children.

In Texas, it can get very complex, depending on whether your assets are separate or community, and whether you have children from the marriage, no children from the marriage or living parents or siblings.

As you can see, what’s true for what happens when you die may not result in the outcome you want for your loved ones, especially in a blended family situation. That’s why it’s so important to create an estate plan for your blended family well in advance, and I encourage you to discuss your plan with the members of your family to avoid hurt feelings, confusion, or pain in the future.

Avoid Conflict in Your Blended Family Through Open Communication

Estate planning is often seen as a highly private affair, but it doesn’t have to be, and oftentimes, shouldn’t be. In the case of a blended family, having open conversations with your loved ones about your estate plan and your goals for the family can save them from hurt feelings and even court battles in the future.

Like all families, how you plan for your blended family will depend entirely on your family dynamics, your family members’ situations, and your own personal values for how an inheritance should (or shouldn’t) be received and what kind of legacy you want to leave behind.

Maybe you have step-kids and biological kids but want all of your children to inherit an equal share from you and your spouse. Maybe there’s a large age gap between your step-kids and biological child, so you want to make sure that your youngest has the financial support they’ll need if something happens to you whereas the older children are able to support themselves. 

Maybe you have a step-parent or step-sibling that you would want to gift a special item of yours like a watch or necklace. Well, for better or worse, a person you have a step-relationship with has no right to inherit from you under the law, unless you put your plan in writing. 

You don’t need to give away every detail of your Will or Trust, or tell everyone who you named to make decisions for you if you’re incapacitated. Instead, start by having an open conversation about the general goal of your estate plan, such as wanting everyone to have an equal share, or that you want to provide more for your biological children because your step-children will already receive a full inheritance from their other parent.

By taking the mystery out of your estate plan goals, your stepchildren will feel included in the discussion and feel like they are knowledgeable about your plan rather than feeling hoodwinked or hurt if they find out later that your plan doesn’t align with the expectations they created for it in their minds.

Most importantly,  let the people in your life know you value and love them, and that no matter how they’re related to you, you care about them and want them to inherit not just material things from you, but also your values, stories, and legacy.

Create More Than a Plan, Create a Family Legacy

To make sure your wishes for your blended family are followed in the event of your death or incapacity, it’s essential to have a well-crafted estate plan created by an attorney experienced in serving blended families. As your Personal Family Lawyer®, I know all too well the importance of planning for blended families and can help you navigate your options and desires for your family’s plan.

But what really sets me apart from other estate planning lawyers is that I know that your material possessions are only a small part of a successful estate plan. What will really matter to your family members, no matter how they became your family, is your legacy. 

Instead of leaving your family a mess to be battled over in court, leave your family an example of financial wellness, of a plan filled with personal values and family history. 

To do this, I include what I like to call a Life and Legacy Planning Interview with all of my estate plans. During this interview, I give you the opportunity to leave your most important assets – your values, stories, and heart – to your family in a meaningful way that they’ll cherish for years after you’re gone.

And for a blended family, the Life and Legacy Planning Interview can be even more valuable, because it gives you the opportunity to really speak to your loved ones about the plan you created for them and how much you value the place they hold in your heart.

If you want to protect your blended family from a court battle and emotional conflict, give me a call today to schedule a Life and Legacy Planning Session™. During the Session, I take the time to really get to know you and your family’s unique situation and educate you about what exactly will happen to your family under the law if something happened to you right now, so you can make confident decisions about what’s right for your family. Even more, I welcome you to invite the members of your blended family to be a part of the conversation.

Click this link to schedule your session today.

THIS ARTICLE IS A SERVICE OF LIZ SMITH, IN JUNEAU, ALASKA. 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 LIFE AND LEGACY 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 AT 907-312-5436 TO SCHEDULE A LIFE AND LEGACY PLANNING SESSION AND MENTION THIS ARTICLE TO FIND OUT HOW TO GET THIS $750 SESSION AT NO CHARGE; OR BOOK A TIME FOR OUR TEAM TO CALL YOU AT A TIME YOU CHOOSE.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms®, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

Whether you’re turning on the news or scrolling through Instagram, it’s hard not to hear about AI technology, so this week I wanted to take some time to cover what the buzz is about and how you can use this technology to make your own life easier. 

AI (artificial intelligence) language models like ChatGPT and Jasper in particular are enjoying the spotlight this year. Essentially, these are online software programs that have the ability to interpret natural language and provide human-like responses. In a nutshell, that means you can type in questions or commands as if you were writing a message to a real person, and the software will produce an equally human-like response. 

What has the world buzzing over these programs is their ability to understand and interpret the text you enter into them in the same way a real person would, including an ability to modify its response based on your follow-up questions or commands.

If you think AI technology seems a bit too “sci-fi” for daily use, I’m happy to share that there are a number of ways you can use an AI language model to make your family’s life easier right now, from saving you time, helping you communicate, and even helping you plan that much-needed vacation. 

Here are three everyday applications for AI that you’ll want to start using today.

1. Get Help Writing a Tricky Email

I think it’s safe to say that we all have times in our lives when we have to deliver an uncomfortable message via email, text, or phone. Maybe you’re resigning from a job, critiquing someone’s work, or delivering bad news. Whatever the situation might be, it can be stressful to try and deliver a message in a way that clearly delivers your message with the right tone for that situation.

Instead of staring blankly at your email or anxiously picking up the phone, try drafting out your message in an AI language model like ChatGPT or Jasper first. 

For example, I typed the following into ChatGPT to get a prompt for approaching an employee about a performance issue:

“Imagine you need to give negative feedback to an employee. This employee is friendly and hard-working but makes many spelling mistakes in the company’s meeting minutes. You want the employee to know that you value having them on your team, but that their accuracy needs to be improved. Write an email that I could send to this employee.”

ChatGPT provided the following sample email that I can use:

“Dear [Employee Name],

I hope this email finds you well. I wanted to take a moment to provide you with some feedback regarding the meeting minutes you have been responsible for drafting. First and foremost, I want to express how much we appreciate your hard work and dedication to the team. You are a valued member of our team, and we are lucky to have you.

However, I have noticed that there have been a number of spelling mistakes in the meeting minutes recently. While I understand that mistakes can happen, accuracy is critical when it comes to recording important decisions and actions taken in meetings. I wanted to bring this to your attention so that we can work together to improve the accuracy of the meeting minutes.

I would like to suggest that you take some extra time to review your work before submitting it to ensure that it is error-free. You might also consider using spell-check or grammar-check tools to assist you in catching any mistakes.

Please know that we have confidence in your ability to improve in this area, and we are committed to supporting you in any way we can. Please feel free to reach out to me if you have any questions or concerns.

Thank you again for your hard work and dedication to our team.”

Not only did the software draft a natural-sounding email, but it suggested ways the employee could remedy the situation. What’s more, you can ask the AI to further modify and refine its previous responses. For instance, you could ask it to rewrite the email with a more empathetic or casual tone, or to shorten the length of the message. 

Gone are the wasted hours trying to craft the perfect email for a challenging situation!

Even if you need to communicate with someone over the phone, using an AI language model can help get the conversation off on the right foot by providing you with an outline for how to start the conversation or outlining the points you want to cover. 

2. Find the Best Flight Prices Faster

If you’ve ever planned a family vacation, you know how time-consuming searching for flights can be.  What seems like an easy enough task on the surface can easily become a days-long marathon of comparing airlines, prices, layovers, seasons, and the difference in travel time if you fly from one city versus another.

Now, thanks to an integration with KAYAK, you can ask ChatGPT questions about your travel plans and ChatGPT will sort through your travel options for you.

For example, you could ask, “What’s the cheapest flight from Fargo to Orlando?” and the software will provide you with the best options that meet your request.

Want a direct flight? You can alter your request by adding, “Show me direct flights only” to further narrow down your options. No need to worry about manners, you can simply be direct and to-the-point with your requests.

Want to compare prices depending on what day of the week? You can ask the software, “What is the cheapest day to fly to Orlando from Fargo in June?” 

The KAYAK integration is currently only available for paid ChatGPT subscribers, but plans are underway to make it available in the software’s free version. If you’re anxious to do some traveling and want to try out ChatGPTs KAYAK integration, paid subscriptions are billable based on how much you use the software and include a free five-dollar credit to get you started.

3. Create a Better Resume and Cover Letter

Whether you’re actively looking for a job or wondering how you could improve your resume to increase your chances of a promotion, having a great resume can mean the difference between getting an interview and being passed up. But it can be difficult to write a resume or cover letter that truly conveys the value of what you bring to the workplace without sounding overly self-promoting. Thankfully, using an AI language model like ChatGPT can help flesh out your resume and create a cover letter that will stand out to a company’s hiring manager. 

For example, let’s imagine I’m a receptionist for a medical clinic and want to apply for a similar position at another clinic. I’ve written a resume, but I don’t feel confident that it highlights my skills in the role. In this situation, I pasted my skills from my resume into ChatGPT and entered the following instruction:

“Improve this job description for my resume: 

  • Take patient phone calls and respond to messages
  • Schedule appointments based on the provider’s availability
  • Help team members with questions
  • Follow-up with patients to reschedule canceled appointments”

ChatGPT provided the following improved bullet points:

  • Responding to patient inquiries via phone, email, and messages with a friendly and professional demeanor, while providing accurate and helpful information.
  • Coordinating and scheduling appointments based on the availability of healthcare providers, while ensuring that patient needs were prioritized.
  • Supporting and collaborating with team members by answering questions and providing guidance when needed.
  • Conducting timely follow-ups with patients to reschedule canceled appointments and ensure their continued care.

The output from ChatGPT conveys my responsibilities as a receptionist in a more interesting and descriptive way, while also highlighting my skills by showing my focus on patient care and teamwork. 

By using an AI language model such as this, you can either start your resume or cover letter from scratch or get tips for how to improve a resume you already have. You can also use the software to customize the same cover letter for different companies, saving countless hours in your job search.

4. Get Help with Your Kids Homework 

If you have kids, you know that helping them with their homework can sometimes feel just as tough for you as it does for them. The good news is that you can use an AI language model to walk through homework problems to make them easier for your child – and you – to understand. 

All you need to do is type the math problem into the software program and ask for an explanation. For example, I entered the following into ChatGPT:

“Explain how to do this math problem to a 4th grader: 1/2 X 2/3 =”

ChatGPT responded with the following:

“Certainly! We want to find out what happens when we multiply these two fractions together. To do that, we need to multiply the numerators (which are the numbers on top) and then multiply the denominators (which are the numbers on the bottom).

So 1/2 X 2/3 would look like this:

To multiply the numerators, we just multiply the numbers on top:  1 X 2 = 2

And to multiply the denominators, we just multiply the numbers on the bottom: 2 X 3 = 6

So the answer is 2/6!

But we can simplify this fraction by dividing both the numerator and the denominator by the greatest common factor, which is 2. If we divide 2/6 by 2, we get 1/3. So the final answer is 1/3!

That means if we had one whole thing that we cut into two equal pieces, and then we shaded in one of those pieces, and then we took that one piece and cut it into three equal pieces, and then we shaded in two of those pieces, we would end up with 1/3 of the whole thing.”

Pretty helpful, right? Now that was a pretty simple example, but you can even ask more complicated math questions or questions for other subjects as well.

Not only can this help you and your child better understand their homework, but can help eliminate the frustration you two may feel over the daily homework struggle.

More Than Legal Advice – Your Trusted Advisor

By using AI technology, you can save time, communicate more effectively, and plan vacations with ease. As your Personal Family Lawyer ®, I will use AI and other technology in my own practice to create more efficiencies and better service, so I can use my heart and humanity to serve you.  I’m here to do the parts of lawyering that can never be replaced by a machine and be a trusted advisor for my clients and their families.  I know that life can be hectic and stressful, and I’m here to provide resources that can make your life easier now and in the future. 

In that vein, I love learning about new technologies and the ways they can improve our lives. But I also know that technology – no matter how good – can never replace the care and humanity that real people have to offer. To me, the best part about technology is that by saving us time, it frees us up to spend more time connecting with one another. 

That’s why when it comes to your legal planning, I offer a Life and Legacy Planning Session™ where I not only discuss how the law affects you and your loved ones, but I truly get curious with you about your life, your goals, and the legacy you want to leave behind, so you can rest assured knowing that your estate plan will work perfectly for you. And by using the best technology and systems to do my work, I’m able to be more available to my clients when they need me most.

If you’re interested in learning more about how I serve my clients differently than most lawyers or have questions about estate planning, please don’t hesitate to schedule a free 15-minute discovery call with me today.  I’m not just your family’s legal advisor, I’m a trusted advisor for life.

THIS ARTICLE IS A SERVICE OF LIZ SMITH, IN JUNEAU, ALASKA. 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 LIFE AND LEGACY 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 AT 907-312-5436 TO SCHEDULE A LIFE AND LEGACY PLANNING SESSION AND MENTION THIS ARTICLE TO FIND OUT HOW TO GET THIS $750 SESSION AT NO CHARGE; OR BOOK A TIME FOR OUR TEAM TO CALL YOU AT A TIME YOU CHOOSE.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms®, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.