In a recent Facebook post “Processes to go through with your parents before they die,” Daniel Schmachtenberger, founder of the Critical Path Institute, outlined seven simple exercises to use with your parents that can offer significant healing and completion for their life and yours.

While Daniel shared these processes in the context of the impending death of a parent, the reality is that your parents are heading toward death, even if there is no official diagnosis. And starting these processes when mortality isn’t immediately on the table is even better.
 
1. Help them make a timeline of their life
Create a timeline of all the big events in their life, starting with birth and their earliest memories up to the present. This is a great way to get to know them even better while you still can. Recalling their life through these stories can help them harvest the gifts, relive the good times, and identify any areas that still feel unresolved.

There are apps for creating timelines, but it’s easily done with pen and paper. Create the timeline by writing “birth” on the far left of the page, and draw a horizontal line going towards “death” on the far right. Experiences are placed on the line chronologically in the order they occurred. Positive experiences are depicted as vertical lines going up from the horizontal line, and difficult experiences as lines going down. Write short descriptions to correspond with each experience.

One way to help prompt memories is to ask questions about different people, places, and things from their past: romantic relationships, jobs, and places they lived. Going through old photos, letters, and music can also trigger meaningful memories.

When documenting their life events, the positive experiences can simply be recalled and enjoyed. For the negative ones, you can ask them what they learned from the experience and write that lesson in the description. In this way, you can find beauty and meaning in all of it.

2. Relationship healing
To foster healing in your personal relationship with them, focus on three areas:

  • Peacemaking: Forgive them for any way they hurt you, and help them forgive themselves. Apologize for the ways you hurt them. You want to ensure that neither of you feels any residual pain (resentment, guilt, or remorse) in the relationship.
  • Appreciation and gratitude: Write them a letter detailing everything you learned from them and all the positive experiences you had together. Go deep within to discover all they did for you, really appreciate it, and use the letter to help them feel your appreciation. Pinpoint any of their virtues you hope to embody most in your life and share that commitment with them, so they know they’ll live on through you once they’re gone.
  • Reassurance: It’s common for parents to resist leaving you over concerns for your future well-being. Reassure them that you are alright, will be alright, and it’s okay for them to go. Using estate planning to help them get their affairs in order is a major part of this.

3. Family healing
If possible, help other family members go through the above healing process with your parents. Help your dying parent make peace with everyone in their life, even if some individuals can’t speak directly with them. Reassure them that you’ll help take care of those loved ones who are in the most need.

4. Wisdom gathering
Ask them for life advice on anything and everything you can think of. As the old African proverb says, “Every time an old person dies, a library burns,” so make sure to write down or record as much of their personal wisdom as possible.

5. Bucket list
To make the most of the time you have left, ask them if there’s anything they really want to experience before they go, and fulfill as many of these bucket-list items as you can.

6. Help them see how they touched the world
In addition to documenting the positive impact they’ve had on your life, help them inventory all of the meaningful ways they’ve touched the lives of others. You want them to clearly see all of the beauty and meaning their life has brought to the world.

7. Help them be at peace with passing
While the above steps can help bring them peace, if they experience any fear of death, do your best to help them move through that. When death comes, you want them to be ready to greet him as an old friend.

If they practice a particular religion, you can recite their favorite verses, hymns, and/or prayers. Or they might find comfort in hearing their most beloved poems or songs. Silent or guided meditation is often helpful as well. But sometimes, simply offering them your loving presence and holding their hand is enough.

Preserving your family’s intangible assets
The life stories, lessons, and values that come from these final conversations can be among the most precious of all your family’s assets. And to make sure these gifts aren’t lost forever, we’ve developed our own process for preserving and passing on these intangible assets.

Indeed, we consider such legacy planning so important, this service is included with every estate plan we create. Using a series of helpful questions and prompts like the exercises Daniel outlines, we’ll guide you to create a customized video in which you share your most insightful memories and experiences with those you’re leaving behind. 
 
Though estate planning is mainly viewed as a way to pass on your financial wealth and property, when done right, it also enables you to preserve and pass on your true legacy: your memories, values, and wisdom. With the right support, having these all-important conversations doesn’t have to be intimidating or awkward at all.

Dedicated to empowering your family, building your wealth and defining your legacy,

Marc

In late February, Luke Perry, who became famous starring in the 1990s TV series Beverly Hills 90210, suffered a massive stroke at age 52. He was hospitalized under heavy sedation, and five days later, when it became clear he wouldn’t recover, his family decided to remove life support. Perry died on March 4th, 2019 surrounded by his children, fiancé, ex-wife, mother, siblings, and others.

Whether or not you were a Luke Perry fan, it’s hard not to be saddened when someone so young and seemingly healthy passes away suddenly. In these moments, the fragile impermanence of life becomes obvious. It’s life’s way of reminding us that incapacity and death can strike at any time, no matter who we are.

Reminders of the fleeting nature of life can motivate us to savor life now AND act to protect the ones we love through proper estate planning. And while we don’t yet know exactly what levels of planning Perry had in place, it appears he was thoughtful and responsible enough to have at least covered the basics.

Planning for incapacity and death
Perry was reportedly inspired to create his own estate plan following a health scare. In 2015, after discovering he had precancerous growths during a colonoscopy, Perry created a will, leaving everything to his two children. But since Perry was worth an estimated $10 million, divorced with kids from the first marriage, and about to be married again, creating a will was a start but not nearly enough.

Wills only apply to the distribution of assets following death, and even then, your will must go through the court process known as probate for your assets to be distributed. Because a will only comes into play upon your death, if you’re ever incapacitated by accident or illness as Perry was, it offers neither you nor your family any protections.

The power over medical decisions
During the time he was incapacitated, someone was called upon to make crucial medical decisions for Perry’s welfare, while his family was summoned to his side. To this end, it’s likely Perry designated someone to serve as his medical decision-maker by granting them medical power of attorney. He may have also created a living will, which would provide specific instructions to this individual regarding how to make these medical decisions.

Granting medical powers of attorney gives the person you name the authority to make healthcare decisions on your behalf in the event of your incapacity. The document that does this is known as an advance healthcare directive, and it’s an absolute must-have for every adult over age 18.

Without medical powers of attorney, if any of Perry’s family were in disagreement over how his medical care should be handled, the family may have needed a court order to terminate life support. This could have needlessly prolonged the family’s suffering and made his death even more public, costly, and traumatic for those he left behind. 

Learn from Perry’s example
Whether you already have a basic plan in place or nothing at all, you owe it to your loved ones to get educated about the specifics necessary to keep your family out of court and out conflict if something happens to you.

Dedicated to empowering your family, building your wealth and defining your legacy,

With the cost of a funeral averaging $7,000 and steadily increasing each year, every estate plan should include enough money to cover this final expense. Yet it isn’t enough to simply set aside money in your will.

Your family won’t be able to access money left in a will until your estate goes through probate, which can last years. Since most funeral providers require full payment upfront, this means your family will likely have to cover your funeral costs out of pocket, unless you take proper action now.

If you want to avoid burdening your family with this hefty bill, you should use planning strategies that do not require probate. Here are a few options:

Insurance
You can purchase a new life insurance policy or add extra coverage to your existing policy to cover funeral expenses. The policy will pay out to the named beneficiary as soon as your death certificate is available. But you’ll likely have to undergo a medical exam and may be disqualified or face costly premiums if you’re older and/or have health issues.

There is also burial insurance specifically designed to cover funeral expenses. Also known “final expense,” “memorial,” and “preneed” insurance, such policies do not require a medical exam. However, you’ll often pay far more in premiums than what the policy actually pays out.

Because of the sky-high premiums and the fact such policies are sold mostly to the poor and uneducated, consumer advocate groups like the Consumer Federation of America consider burial insurance a bad idea and even predatory in some cases.

Prepaid funeral plans
Manyfuneral homes let you pay for your funeral services in advance, either in a single lump sum or through installments. Also known as pre-need plans, the funeral provider typically puts your money in a trust that pays out upon your death, or buys a burial insurance policy, with itself as the beneficiary.

While such prepaid plans may seem like a convenient way to cover your funeral expenses, these plans can have serious drawbacks. As mentioned earlier, if the funeral provider buys burial insurance, you’re likely to see massive premiums compared to what the plan actually pays out. And if they use a trust, the plan might not cover the full cost of the funeral, leaving your family on the hook for the difference.

In fact, these packages are considered so risky, the Funeral Consumers Alliance (FCA), a nonprofit industry watchdog group, advises against purchasing such plans. The only instance where prepaid plans are a good idea, according to the FCA, is if you are facing a Medicaid spend down before going into a nursing home. This is because prepaid funeral plans funded through irrevocable trusts are not considered a countable asset for Medicaid eligibility purposes.

Payable-on-death accounts
Many banks offer payable-on-death (POD) accounts which can be used to fund your funeral expenses. The account’s named beneficiary can only access the money upon your death, but you can deposit or withdraw money at any time.

A POD does not go through probate, so the beneficiary can access the money once your death certificate is issued. POD accounts are FDIC-insured, but such accounts are treated as countable assets by Medicaid, and the interest is subject to income tax.

Another option is to simply open a joint savings account with the person handling your funeral expenses and give them rights of survivorship. However, this gives the person access to your money while you’re alive too, and it puts the account at risk from their future creditors.

Living trusts
A customized living trust allows you to control the funds until your death and name a successor trustee, who is legally bound to use the trust funds to pay for your funeral expenses exactly as the trust terms stipulate.

With a living trust, you can change the terms at any time and even dissolve the trust if you need the money for other purposes. Alternatively, if you need to qualify for Medicaid, an irrevocable trust helps ensure you stay compliant with all of Medicaid’s requirements.

Don’t needlessly burden your family
To help decide which option is best suited for your particular situation, consult with your trusted legal advisor.

Dedicated to empowering your family, building your wealth and defining your legacy,

Aretha Franklin, heralded as the “Queen of Soul,” died from pancreatic cancer at age 76 on August 16th at her home in Detroit. Like Prince, who died in 2016, Franklin was one of the greatest musicians of our time. Also like Prince, she died without a will or trust to pass on her multimillion-dollar estate.

Franklin’s lack of estate planning was a huge mistake that will undoubtedly lead to lengthy court battles and major expenses for her family. What’s especially unfortunate is that all this trouble could have been easily prevented.

A common mistake
Such lack of estate planning is common. A 2017 poll by the senior-care referral service, Caring.com, revealed that more than 60 percent of U.S. adults currently do not have a will or trust in place. The most common excuse given for not creating these documents was simply “not getting around to it.”

Whether or not Franklin’s case involved similar procrastination is unclear, but what is clear is that her estimated $80-million estate will now have to go through the lengthy and expensive court process known as probate, her assets will be made public, and there could be a big battle brewing for her family.

Probate problems
Because Franklin was unmarried and died without a will, Michigan law stipulates that her assets are to be equally divided among her four adult children, one of whom has special needs and will need financial support for the rest of his life.

It’s also possible that probate proceedings could last for years due to the size of her estate. And all court proceedings will be public, including any disputes that arise along the way.

Such contentious court disputes are common with famous musicians. In Prince’s case, his estate has been subject to numerous family disputes since his death two years ago, even causing the revocation of a multimillion-dollar music contract. The same thing could happen to Franklin’s estate, as high-profile performers often have complex assets, like music rights.

Learn from Franklin’s mistakes
Although Franklin’s situation is unfortunate, you can learn from her mistakes by beginning the estate planning process now. It would’ve been ideal if Franklin had a will, but even with a will, her estate would still be subject to probate and open to the public. To keep everything private and out of court altogether, Franklin could’ve created a will and a trust. And, within a trust, she could have created a Special Needs Trust for her child who has special needs, thereby giving him full access to governmental support, plus supplemental support from her assets.

While trusts used to be available only to the mega wealthy, they’re now used by people of all incomes and asset values. Unlike wills, trusts keep your family out of the probate court, which can save time, money, and a huge amount of heartache. Plus, a properly funded trust (meaning all of your assets are titled in the name of the trust) keeps everything totally private.

Trusts also offer several protections for your assets and family that wills alone don’t. With a trust, for example, it’s possible to shield the inheritance you’re leaving behind from the creditors of your heirs or even a future divorce.

Don’t wait another day
Regardless of your financial status, estate planning is something that you should immediately address, especially if you have children. You never know when tragedy may strike, and by being properly prepared, you can save both yourself and your family massive expense and trauma.

Don’t follow in Franklin’s footsteps; use her death as a learning experience. Proper estate planning can keep your family out of conflict, out of court, and out of the public eye. If you’re ready to create a comprehensive estate plan, or need your plan reviewed, call us today.

Dedicated to empowering your family, building your wealth and defining your legacy,

 

Life-Insurance Stock 91024

Unlike many estate assets, if you’re looking to collect the proceeds of a life insurance policy, the process is fairly simple (provided you’re named as the beneficiary). That said, following a loved one’s death, the whole world can feel like it’s falling apart, and it’s helpful to know exactly what steps need to be taken to access the insurance funds as quickly and easily as possible during this trying time.

And if you’ve been dependent on the deceased for regular financial support and/or are responsible for paying funeral expenses, the need to access insurance proceeds can sometimes be downright urgent.

Here is an outline of typical procedure for claiming and collecting life insurance proceeds, along with some of the common hiccups in the process.
Filing a claim
To start the life insurance claims process, you first need to identify who the beneficiary of the life insurance policy is—are you the beneficiary, or is a trust set up to handle the claim for you?

We often recommend that life insurance proceeds be paid to a trust, not outright to a beneficiary. This way, the life insurance proceeds can be used by the beneficiary, but the funds are protected from lawsuits and/or creditors that the beneficiary may be involved with—even a future divorce.

If a trust is the beneficiary, the trustee will need to notify the insurance company of the policyholder’s death and provide them with a certificate of trust and a death certificate when one is available.

From there, the insurance company typically sends the beneficiary (or the trustee if a trust is named as beneficiary) more in-depth instructions and forms to fill out.

Multiple beneficiaries
If more than one adult beneficiary was named, each person should provide his or her own signed and notarized claim form. If any of the primary beneficiaries died before the policyholder, an alternate/contingent beneficiary can claim the proceeds, but he or she will need to send in the death certificates of both the policyholder and the primary beneficiary.

Minors
While policyholders are free to name anyone as a beneficiary, when minor children are named, it creates serious complications, as a minor child cannot receive life insurance benefits directly until they reach the age of majority.

If a child is named as a beneficiary and has yet to reach the age of majority, the claim proceeds will be paid to the child’s legal guardian, who will be responsible for managing those funds until the child comes of age. Given this, in the event a minor is named you’ll need to go to court to be appointed as legal guardian, even if you’re the child’s parent. Therefore we recommend never naming a minor child as a life insurance beneficiary, even as a backup to the primary beneficiary.

Rather than naming a minor child as a life insurance beneficiary, it’s often better to set up a trust to receive the proceeds. By doing that, the proceeds would be paid into the trust, and whomever is named as trustee will follow the steps above to collect the insurance benefits, put them in the trust, and manage the funds for the child’s benefit.
Insurance claim payment
Provided you fill out the forms properly and include a certified copy of the death certificate, insurance companies typically pay out life insurance claims quickly. In fact, some claims are paid within one-to-two weeks of the start of the process, and rarely do claims take more than 60 days to be paid. Most insurance companies will offer you the option to collect the proceeds via a mailed check or transfer the funds electronically directly to your account.

Sometimes an insurance company will request you to send in a completed W-9 form (Request for Taxpayer Identification Number and Certification) from the IRS to process a claim. Most of the time, a W-9 is requested only if there is some question or issue with the records, such as having an address provided in a claim form that doesn’t match the one on file.

While collecting life insurance proceeds is a fairly simple process, it’s always a good idea to consult with a trusted legal advisor to ensure the process goes as smoothly as possible during the often-chaotic period following a loved one’s death.

Dedicated to empowering your family, building your wealth and defining your legacy,

Marc Signature Blogs

dementia 91024Last week I shared the first part of this article on how to discuss estate planning with aging (or sick) loved ones.

If you didn’t read it yet, you can do so here: How to Discuss Estate Planning With Aging (or Sick) Loved Ones – Part 1.

Believe it or not, the holidays can be a great time to discuss these issues with family, and the more prepared you are for that discussion, the easier it will be.

The bottom line is this: ask the right questions and then listen deeply. This may be a difficult topic for your loved one to even think about let alone discuss, so make sure your approach comes from a place of love and concern rather than one of advice and directions. Remember, this is all about your loved one’s wishes so stay open to truly hearing what he or she wants.

Ask your loved one what role they would like you to take, rather than assuming anything. And reassure your loved one that you have no expectations, but that you will be involved as much or as little as he or she desires.

If you need support with the right questions to ask, check out the Conversation Project. Their Conversation Starter Kit, available for free on their website, has a series of questions that you can use to begin the conversation about end of life care with your loved one.

Be ready to answer questions, but try to keep your answers neutral and objective. You can earn trust and good will by withholding judgment, not pushing an agenda, and simply being supportive. If your loved one hasn’t thought about estate planning, make sure you can help him or her think through important decisions about their powers of attorney, medical directives, and end of life wishes.

It is critical to discuss these things with your loved one before it’s too late. If your loved one becomes incapacitated or dies before you understand his or her wishes, it will be challenging to ensure their choices, and the management of their estate will be handled the way they would have wanted. And of course, without any planning, you are likely – and unnecessarily – to end up in Court.

Dedicated to empowering your family, enhancing your wealth and embedding your legacy,
Marc Garlett 91024

dementia 91024Someone you love is aging, or maybe, facing a potentially terminal illness. You know it’s time for them to think about end of life planning but you may not know how to broach this delicate topic.

To get the ball rolling, simply acknowledge to yourself that it can be a difficult or uncomfortable conversation. Then give yourself time to consider how you want to bring it up with your loved one.

Ideally, considering end of life matters would be something we regularly spoke about and got comfortable with before the end of life was near, but that’s not generally the case in our culture.

You can change that going forward, and I’ll share an article next week with guidance for how to make end of life discussions a regular part of your family conversations.

But, if you haven’t already begun incorporating end of life discussions into the culture of your family, it could be awkward at first. Especially if your family member is ill.

First, create a safe space for the conversation. Prepare your loved one in advance that you would like to speak about something that could be difficult, but also will provide peace of mind that his or her wishes will be known and honored.

Maybe the first meeting would be with just you and your loved one and be more generally exploratory with an intention to schedule more specifically focused future meetings with other family members included, based on the desires of your loved one.

During this first meeting, begin by acknowledging any discomfort and your desire to create a supportive field based on clarity and understanding. If you find yourself speaking more than your loved one, slow down and begin asking more questions to open a space for listening and clarity.

Consider that this conversation can happen over more than one session and does not have to take place all at once.

Educate yourself about what will happen when your loved one becomes unable to handle his or her financial affairs, make medical decisions for him or herself, and what will happen to their assets and personal effects when they die.

Understand what your role will be if your loved one doesn’t take any action, and how that will impact you and other family members.

Be prepared to share that with your loved one so he or she can decide if the current plan, or if there is no plan, the state’s default plan, is sufficient to meet his or her wishes. If not, action can be taken if an alternative plan is desired.

Contact us or another trusted advisor if you need help. As difficult as these conversations can be, things will be far more difficult if nothing is put in place before it is too late.

Dedicated to your family’s health, wealth, and happiness,
Marc Garlett 91024

burial suit - infinityIf you have ever wondered about the impact your body will have on the environment when you are gone, you are not alone. Traditional burial and cremation both present significant environmental challenges.

When traditional burial is used, embalming fluid–typically a formaldehyde cocktail–is injected into the body to delay decomposition. While these chemicals achieve the desired effect (preserving the body, particularly for viewing by family and friends), they remain in the body after burial and may seep into the soil.

Cremation, on the other hand, comes with its own set of environmental concerns. The non-profit Funeral Consumers Alliance of Southern California reports that “an average of 28 gallons of fuel” is used in a typical cremation, releasing “approximately 540 pounds of carbon dioxide.”

Recognizing the lack of eco-friendly options, two designers created the Infinity Burial Suit and related products. The handcrafted suit is made from infinity mushrooms – I kid you not – and was designed to quickly decompose body tissue and excretions, as well as industrial toxins. The company which sells the suit suggests that “[t]he cultivation process promotes acceptance of and a personal engagement with death and decomposition.”

While it can be difficult to think about death and the decomposition of our bodies, the fact is that we will all die. Once we come to terms with this, we can become proactive in arranging things our way. Accepting death allows us to plan our own funeral/burial and leave a legacy of love for our family after we’re gone.

Whether you choose to be buried in a suit made of mushrooms is not the point. The point is that if you face and plan for the reality of death it will actually make your life better now. You will get to decide what’s important to you rather than leaving that burden to someone else. You will also experience peace of mind and relief knowing you have taken the steps to make things as easy as possible for those you love most. You see, estate planning is a combined gift of life for yourself and a lifetime gift of love for your family. How great is that?

Dedicated to your family’s health, wealth, and happiness,
Marc Garlett 91024

green burialThe practice of burying our dead in the ground has been traced back over 100,000 years ago. For the vast majority of that history, those burials have been “green”. In fact, the practice of embalming, one of the most environmentally harmful aspects of modern American burial, didn’t begin until the Civil War – in an effort to preserve the bodies of soldiers killed far from home so they could be returned to their families intact.

Green burial is now making a comeback. In a recent AARP poll, 45% of respondents said they would choose green burial over modern burial or cremation if given the choice. If you’ve worried about the impact of human burials on the environment, you may want to consider the solution offered by two Italian designers; an all-natural burial pod that uses human remains as food for a tree.

Capsula Mundi

Every day, we become more cognizant of the effect our conduct has on the environment. Most people have heard about progress in areas such as hybrid and alternate-power cars. Fewer people, however, are aware of alternatives relating to the burial of human remains.

Capsula Mundi is one such alternative to traditional burial in a coffin. The capsule, which is shaped like an egg, serves as a 100% biodegradable container for human remains. The body is placed in a fetal position inside the capsule, which is made of derivatives like potatoes and corn. A tree is planted immediately above the capsule, so the remains serve to nourish the growing tree.

Advocates of this idea point out it causes a new tree to be planted while saving others by preventing old growth trees from being cut down to make caskets. The newly planted tree can be monument to the deceased, families can tend to the growing tree, and loved ones can be buried close together, creating a family forest.

Green Burials

The benefits of the Capsula Mundi mirror the guidelines issued by the Green Burial Council in determining whether burials are “green”:

  • No embalming or the use of only postmortem fluids that are nontoxic;
  • Natural, plant-based casket materials that release no toxic byproducts when made or when placed in the ground; and
  • No use of vaults, concrete, slabs, or liners in burial plots.

Unfortunately, before these capsules will be in widespread use in the United States, both laws and cemetery regulations must be changed. Many states prohibit the burial of human remains without a casket, and cemeteries often require vaults to prevent the ground from settling.

If you’re interested in a green burial, contact me and I’ll be glad to help you evaluate the possibilities for green burial in California – or even out of state – and get your wishes incorporate into your Final Disposition Instructions (an important document which should be part of your comprehensive estate plan).

Dedicated to your family’s wealth, health, and happiness,
Marc Garlett 91024

End of life Decisions 91024With just over 50,000 residents, La Crosse, WI is similar to most other small towns in America – but one thing makes La Crosse stand out: 96% of La Crosse residents who have died had a living will (called an advance health care directive in California) in place. Nationally, the percentage of American adults with some form of advance medical directive, or living will, is only about 30%.

Actually, there are two things that make La Crosse stand out: the town also has lower healthcare costs than any other place in the U.S. And these two things – a high percentage of residents with advance directives and lower healthcare costs — are inextricably linked.

According to a recent NPR story, all this came about because of one man: Dr. Bud Hammes, Medical Humanities Director at Gundersen Hospital in La Crosse. Dr.Hammes often found himself sitting with families of terminally ill patients, trying to figure out what to do next. He said the conversations were excruciating: “Did mom ever say anything to you?” “Do you know what dad wants?” He said that the moral distress of the families was palpable.

Dr. Hammes knew these scenarios could all easily be avoided, since most patients were usually sick for years. So he started training nurses to ask patients early on, if they wanted to sign an advance directive, and over the years planning for death has become a way of life in La Crosse.

And the lower healthcare costs? Dr. Hammes said the reduction in spending was a complete accident; simply a byproduct of letting people make their own choices. He said that when you let patients choose and direct their own care, they often make a much less expensive choice.

You can listen to the entire NPR story here:

NPR: Living Wills are the Talk of The Town in La Crosse, Wis.

Making end of life plans is one of the simplest and most comforting things you can do for your family. To make things as easy as possible for your loved ones, contact our office to schedule a time for us to sit down and talk. We normally charge $750 for a Family Estate Planning Session, but because this planning is so important, I’ve made space for the next two people who mention this article to have a complete planning session at no charge. Call 626.355.4000 today and mention this article.