If your child requires or is likely to require governmental assistance to meet their basic needs, do not leave money directly to your child. Instead, establish a Special Needs Trust.

A trust that is not designed with your child’s special needs in mind will probably render your child ineligible for essential benefits. A Special Needs Trust is designed to manage resources while maintaining the individual’s eligibility for government benefits. Planning is important because many beneficiaries as adults will rely on government benefits for support. If the disabled person has assets in their own name, they might lose eligibility.

Medicaid, and other public benefits programs, will not pay for everything your child might need. A Special Needs Trust can pay for medical and dental expenses, annual independent check-ups, necessary or desirable equipment (such as a specially equipped van), training and education, insurance, transportation, and special foods.

Unfortunately, some Special Needs Trusts are unnecessarily restrictive and generic. Many trusts are not customized to the particular child’s needs. Thus, the child fails to receive the support and benefits that the parent provided when they were alive. For example, children who are high functioning and active in their communities can benefit from a Special Needs Trust that is carefully tailored to provide adequate resources to support their social lives.

Does your child have significant medical concerns? Should the trust allow for birthday gifts for other family members? What about travel expenses to visit loved ones? Do you have a preferred living arrangement for your child? Your child’s special needs trust should address all these issues and more.

Another mistake attorneys with special knowledge in this area often see is a “pay-back” provision in the trust rather than allowing the remainder of the trust to go to others upon the death of the child with special needs. If a “pay-back” provision is included unnecessarily, Medicaid will receive the remainder (up to the amount of benefits provided) in the trust upon the death of the beneficiary. These “pay-back” provisions, however, are necessary in certain types of special needs trusts. An attorney who knows the difference can save your family a small fortune.

A Special Needs Trust will help you avoid one of the most common mistakes parents make. Although many people with disabilities rely on SSI, Medicaid, or other needs-based government benefits, you may have been advised to disinherit your child with disabilities—the child who needs your help the most—to protect that child’s public benefits. These benefits, however, rarely provide more than subsistence, and this “solution” does not allow you to help your child after you are incapacitated or gone.

Disinheriting your child with special needs might be a temporary solution if your other children are financially secure and have money to spare. But permanently disinheriting your child with special needs could be a huge mistake! It is not a solution that will protect your child after you and your spouse are gone. The money can be lost in a lawsuit, divorce, liability claim, or adverse judgment against your other children. For example, what if your child with the money divorces? His or her spouse may be entitled to half of it and will likely not care for your child with special needs. What if your child with the money dies or becomes incapacitated while your child with special needs is still living?

These are just some of the concerns parents of special needs children need to navigate. The bottom line is to get a special needs trust in place with the help of an advisor who understands the unique issues inherent with special needs situations.

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

As we head into the thick of the holiday season, you’re likely spending more time than usual surrounded by family and friends.

The holidays offer an opportunity to visit with loved ones you rarely see and get caught up on what’s been happening in everyone’s life. And though it might not seem like it, the holidays can also be a good time to discuss estate planning. In fact, with everyone you love—from the youngest to the oldest—gathered under one roof, the holidays provide the ideal opportunity to talk about planning.

That said, asking your uncle about his end-of-life wishes while he’s watching the football game probably isn’t the best way to get the conversation started. In order to make the discussion as productive as possible, consider the following tips.

1. Set aside a time and place to talk
Trying to discuss estate planning in an impromptu fashion over the dinner table or while opening Christmas gifts will most likely not be very productive. Your best bet is to schedule a time separate from the festivities, when you can all focus and talk without distractions or interruptions.

It’s also a good idea to be upfront with your family about the meeting’s purpose, so no one is taken by surprise, and are more prepared for the talk. Choose a setting that’s comfortable, quiet, and private. The more relaxed people are, the more likely they’ll be comfortable sharing about sensitive topics.

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

To ensure you can cover every subject you want to address, create a list of the most important points you want to cover—and do your best to stick to them. You should encourage open conversation but having a basic agenda of the items you want to address can help ensure you don’t forget anything.

Along those same lines, set a start and stop time for the conversation. This will help you keep the discussion on track and avoid having the conversation veer too far away from the main points you want to discuss. If anything significant comes up that you hadn’t planned on, you can always continue the discussion later.

Keep in mind that the goal is to simply get the planning conversation started, not work out all the specific details or dollar amounts.

3. Explain why planning is important
From the start, assure everyone that the conversation isn’t about prying into anyone’s finances, health, or personal relationships. Instead, it’s about providing for the family’s future security and wellbeing no matter what happens. It’s about ensuring that everyone’s wishes are clearly understood and honored, not about finding out how much money someone stands to inherit.

While some relatives might be reluctant to open up, being surrounded by the loved ones who will ultimately benefit from planning can make people more willing to discuss these sensitive subjects.

Talking about these issues is also a crucial way to avoid unnecessary conflict and expense down the road. When family members don’t clearly understand the rationale behind one another’s planning choices, I’ve seen it breed conflict, resentment, and costly legal battles.

4. Discuss your experience with planning
If you’ve already set up your plan, one way to get the discussion going is to explain the planning vehicles you have in place and why you chose them. Mention any specific questions or concerns you initially had about planning and how you addressed them. If you have loved ones who’ve yet to do any planning and have doubts about its usefulness, discuss any concerns they have in a sympathetic and supportive manner.

For the love of your family
Though death and incapacity can be awkward topics to discuss, talking about how to properly plan for such events can actually bring your family closer together this holiday season. In fact, our clients consistently share that after going through our estate planning process they feel more connected to the people they love the most. And they also feel clearer about the lives they want to live during the short time we have here on earth. 

When done right, planning can put your life and relationships into a much clearer focus and offer peace of mind knowing that the people you love most will be protected and provided for no matter what.

Most importantly this holiday season, enjoy being in the moment and strengthening your bonds with the important people in your life.

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

Although I haven’t experienced it yet, I’ve seen clients, friends, and family watch their kids leave home to attend college or start their career. It can be an emotional time as a parent. On one hand, moving out on their own is a major accomplishment that makes parents proud. On the other hand, having your kids leave the nest and face the world can also induce anxiety and fear.

And it is critical to know that once they reach age 18, your kids become legal adults, and many areas of their lives that were once under your control will be solely their responsibility. Make sure they know that one of the very first items on their to-do list as new adults should be estate planning.

While you may believe that planning is the last thing your kids need to be thinking about, it’s actually the first, because once they turn 18, you no longer have automatic access to their medical records and/or financial accounts should anything happen to them.

Before your kids head out on their own, you should discuss and have them sign the following three documents:

1. Medical Power of Attorney

Medical power of attorney is an advance directive that allows your child to grant you (or someone else) the legal authority to make healthcare decisions for them in the event they become incapacitated and cannot make such decisions for themselves.

For example, a medical power of attorney would allow you to make decisions about your child’s medical treatment if he or she is knocked unconscious in a car accident or falls into a coma due to an illness. And with a properly drafted medical power of attorney, you will be able to access your child’s medical records, whereas without one you would not.

Should they become incapacitated without a properly executed medical power of attorney, you’d have to petition the court to become their legal guardian. While a parent is typically the court’s first choice for guardian, the court process can be slow (not to mention expensive)—and in medical emergencies, every second counts.

2. Living Will

Whereas medical power of attorney allows you to make healthcare decisions on your child’s behalf during their incapacity, a living will provides specific guidance about how your child’s medical decisions should be made while they’re incapacitated, particularly at the end of life.

For example, a living will allows your child to let you know if and when they want life support removed, if they ever require it. In addition to documenting how your child wants their medical care handled, a living will can also include instructions about who should be able to visit them in the hospital and even what kind of food they should be fed.


If your child has certain wishes for their medical care, it’s important you discuss these decisions with them and have those wishes documented in a living will to ensure they’re properly carried out.

3. Durable Financial Power of Attorney

Should your child become incapacitated, you’ll also need the ability to access and manage their finances, and this requires your child to grant you durable financial power of attorney.

Durable financial power of attorney gives you the immediate legal authority to manage their financial and legal matters, such as paying bills, applying for Social Security benefits, and/or managing banking and other financial accounts. Without this document, you’ll have to petition the court for such authority.

Start adulthood off right
As parents, it’s natural to experience anxiety when your kid leaves home. But with the support of a trusted attorney, you’ll at least have peace of mind knowing that he or she will be well taken care of in the event of an unforeseen accident or illness. Contact us today to discuss our Young Adult Estate Planning Package to ensure that if your child ever does need your help, you’ll have the legal authority to provide it.

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

In the aftermath of rapper Nipsey Hussle’s murder this March, his family and ex-girlfriend have been locked in a bitter battle for custody of one of his young children. And as this ugly drama plays out in the courtroom and tabloids, it highlights the single-most costly estate-planning mistake a parent can make.

Hussle, 34, was gunned down outside his South Los Angeles clothing store in March. The young rapper’s death was tragic on many levels. But perhaps most tragic is what’s happening to Hussle’s kids. Because Hussle never named legal guardians, the decision of who will raise his two children—daughter Emani, 10, and son Kross, 2—is now up to the courts. And this mistake is already having unfortunate consequences. 

In addition to not naming guardians for his kids, Hussle also failed to create a will, which makes their guardianship even more contentious. Hussle’s estate is estimated to be worth $2 million, and under California law, in the absence of a will, that money is to be split equally between his two kids. 

Given that both children are minors, however, they’re ineligible to access their inheritance until they reach the age of majority. This means that whomever ultimately wins guardianship of the children will likely gain control over their money as well.

Caught in the middle
Guardianship of Hussle’s son Kross, while still undecided, is currently not a source of conflict. Who will be awarded guardianship of Hussle’s daughter Emani, however, is very much in contention.

Since the day of the shooting, Hussle’s sister, Samantha Smith, has been caring for Emani. Following Hussle’s shooting, Smith petitioned the court to obtain Emani’s guardianship. But Emani’s mother, Tanisha Foster, an old girlfriend of Hussle’s, is also seeking guardianship.

The competing parties have filed court documents alleging criminal conduct and making other terrible accusations against each other.  This war is taking its toll on the whole family with poor Emani caught in the middle.

Don’t leave your child’s life in a judge’s hands
As Hussle’s case so dramatically demonstrates, if you’re the parent of minor children, it’s imperative that you select and legally document long-term guardians for your kids. In fact, as a parent, naming guardians for your children should be your number-one planning priority.

The fact that Hussle didn’t create a will is obviously another terrible mistake. But when it comes to your children’s well-being, all the money in the world is meaningless in comparison. For this reason, I’m going to focus solely on the consequences resulting from Hussle’s failure to name legal guardians, and how easily this whole ugly mess could have been avoided.

As we’re seeing with Hussle, leaving it up to the court to name guardians for your kids
can lead to conflict, as otherwise well-meaning family members fight one another over custody. This process is not only costly, but it can be terribly traumatizing for everyone involved, especially your kids.

Hussle’s case also shows how agonizingly slow this process often is. There have already been numerous court hearings related to Emani’s custody since her father’s death in March, and the saga remains ongoing. Indeed, these custody battles often drag on for years, making the lawyers wealthy, while your kids are stuck in the middle.

But the most tragic consequence of Hussle’s failure to name legal guardians is that a judge will be the one who decides who’s best suited to care for his kids.

Though we can’t be sure exactly who Hussle would have wanted to raise Emani, it’s almost certain he wouldn’t have wanted a total stranger to make that decision for him. Yet, because he didn’t take the time to document legal guardians, that’s exactly what’s going to happen.

Child Protection Planning
A Child Protection Plan™ is a comprehensive methodology to guide you step-by step through the process of legally documenting guardians for your kids for the short-term, long-term, and so much more. If you are a parent, you absolutely must put in place a Child Protection Plan™ for your minor children and/or children with special needs.

Get started immediately
Because naming legal guardians for your kids is so critical, you can’t afford to wait to get the process started.

You must name long-term guardians and grant the people you choose (along with backups) the legal authority to temporarily care for your children, until the long-term guardians can be located and granted custody by the court. And you should also confidentially exclude any person you know you’d never want to raise your kids.

A Child Protection Plan™  provides for the well-being and care of your kids no matter what happens to ensure your family never falls victim to the same tragic circumstances as Hussle’s.

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

Going on vacation entails lots of planning: packing luggage, making travel arrangements, holding mail, etc. But one thing many people forget to do is plan for the worst. Traveling, especially in foreign destinations, means you’ll likely be at greater risk than usual for illness, injury, and even death.

In light of this reality, you must have a legally sound and updated estate plan in place before taking your next trip. If not, your loved ones can face a legal nightmare if something should happen to you while you’re away. The following are 5 critical estate planning tasks to take care of before departing.

1. Make sure your beneficiary designations are up-to-date
Some of your most valuable assets, like life insurance policies and retirement accounts, do not transfer via a will or trust. Instead, they have beneficiary designations that allow you to name the person (or persons) you’d like to inherit the asset upon your death. It’s vital you name a primary beneficiary and at least one alternate beneficiary. Moreover, these designations must be regularly reviewed and updated, especially following major life events like marriage, divorce, and having children.

2. Create power of attorney documents
Unforeseen illness and injury can leave you incapacitated and unable to make critical decisions about your own well-being. Given this, you must grant someone the legal authority to make those decisions on your behalf through powers of attorney. You need two such documents: a medical power of attorney and a durable financial power of attorney. The medical power of attorney gives the person of your choice the authority to make your healthcare decisions for you, while the durable financial power of attorney gives someone the authority to manage your finances. As with beneficiary designations, these decision makers can change over time, so before you leave for vacation, be sure both documents are up to date.

3. Name guardians for your minor children
If you’re the parent of minor children, your most important planning task is to legally document guardians to care for your kids in the event of your death or incapacity. These are the people whom you trust to care for your children—and potentially raise them to adulthood—if something should happen to you. Given the monumental importance of this decision, we’ve created a comprehensive system called the Kids Protection Plan that guides you step-by-step through the process of creating the legal documents naming these guardians. You can get started with this process right now by calling us or attending one of our free Guardian Nomination Workshops (our next one is at the Sierra Madre Public Library on May 4, 2019).

4. Organize your digital assets
If you’re like most people, you probably have dozens of digital accounts like email, social media, cloud storage, and cryptocurrency. If these assets aren’t properly inventoried and accounted for, they’ll likely be lost forever if something happens to you. At minimum, you should write down the location and passwords for each account and ensure someone you trust knows what to do with these digital assets in the event of your death or incapacity. To make this process easier, consider using LastPass or a similar service that stores and organizes your passwords.

Complete your vacation planning now
If you have a vacation planned, be sure to add these 5 items to your to-do list before leaving. And if you need help completing any of these tasks—or would simply like us to double check the plan you have in place—call us and mention this article for a friendly, informative, no-pressure, complimentary consultation.

We recommend you complete these tasks at least 8 weeks before you depart. However, if your trip is sooner than that, call and let us know you need a rush Family Estate Planning Session, and we’ll do our best to fit you in as soon as possible.

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

Upon death, if you have individual retirement accounts (IRAs), they will pass directly to the people you named on your beneficiary designation form. And unless you take extra steps, the named beneficiary can do whatever he or she wants with the account’s funds once you’re gone.

For several reasons, you might not want your heirs to receive your retirement savings all at once. One way to prevent this is to designate your IRA into a trust.

But you can’t just use any trust to hold an IRA; you’ll need to set up a special type of revocable trust specifically designed to act as the beneficiary of your IRA upon your death. Such a trust is referred to by different names but for this article, I’m simply going to call it an IRA Trust.

IRA Trusts offer a number of valuable benefits to both you and your beneficiaries. If you have significant assets invested through one or more IRA accounts, you might want to consider the following advantages of adding an IRA Trust to your estate plan.

1. Protection from creditors, lawsuits, & divorce
Assets passed through an IRA Trust are shielded from your beneficiary’s creditors (which includes lawsuit judgements) if those assets remain in the trust.IRA Trusts are also useful in protecting assets from the possible remarriage and divorce of a surviving spouse as well as potential future divorces of your children.

2. Protection from the beneficiary’s own bad decisions
In addition, an IRA Trust can also help protect the beneficiary from his or her own poor money-management skills and spending habits. When you create an IRA Trust, you can restrict when the money is distributed as well as how it is to be spent. For example, you might stipulate that the beneficiary can only access the funds at a certain age or upon the completion of college. Or you might stipulate that the assets can only be used for healthcare needs or a home purchase. You can get as creative as you want with the trust’s terms.

3. Tax savings
One of the primary benefits of traditional IRAs is that they offer a period of tax-deferred growth, or tax-free growth in the case of a Roth IRA. A properly drafted IRA Trust can ensure the IRA funds are not all withdrawn at once and the required minimum distributions (RMDs) are stretched out over the beneficiary’s lifetime. Depending on the age of the beneficiary, this gives the IRA years—potentially even decades—of additional tax-deferred or tax-free growth.

4. Minors
If you want to name a minor child as the beneficiary of your IRA, they can’t inherit the account until they reach the age of majority. So, without a trust, you’ll have to name a guardian or conservator to manage the IRA until the child comes of age. With an IRA Trust, however, you name a trustee to handle the IRA management until the child comes of age. At that point, the IRA Trust’s terms can stipulate how and when the funds are distributed. Or the terms can even ensure the funds are held for the lifetime of your beneficiary, to be invested by your beneficiary through the trust.

Find out if an IRA Trust is right for you
While IRA Trusts can have major benefits, they’re not the best option for everyone. We can look at your situation and goals to help you determine if an IRA Trust is the most suitable option for passing on your retirement savings to benefit your family.

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

Last week, I discussed how a lack of intimacy in the parent-child relationship has led kids to bond more intensely with their peers. Here, I’ll look at the devastating effects these peer-centered relationships can have, and how parents can reclaim their role as the chief-orienting influence in their children’s lives.

The crisis of the young
For evidence of just how unhealthy it can be when a child’s relationship with his or her peers matters more than the one they have with their parents, Maté points to the dramatic rise in violence, suicide, and mass shootings among today’s youth.

Maté found that in the vast majority of childhood suicides, the key trigger was how the children were treated by their peers, not their parents. When kids consider acceptance from their peers as their primary source of fulfillment, rejection and bullying can be utterly Earth-shattering.

“The more peers matter,” says Maté, “the more children are devastated by the insensitive relating of their peers, by failing to fit in, by perceived rejection or ostracization.”

The missing element
Outside of the obvious reasons why peers make terrible parenting substitutes, the crucial element missing from peer relationships is unconditional love.

Unconditional love is the most potent force in the parent-child bond, laying the foundation for the relationship’s strength, intimacy, and influence. Without unconditional love, the parenting relationship becomes no different than any other.

Maté notes that some of today’s common disciplinary techniques can unintentionally signal to the child that parental love is only available if certain conditions are met. As an example, Maté explains how putting a child who’s throwing a tantrum into timeout can make it feel like the parent’s attention and love are merely conditional.

“Timeout withdraws your relationship from the child,” says Maté. “They learn they’re only acceptable to you if they please you. The relationship is seen as unstable and unreliable because it’s showing them you’re not available for them when they’re most upset.”

Maté says that any behavior or action by the parent that threatens to undermine the unconditional nature of the parent-child relationship can be harmful. Without the underlying trust that their parents will be there for them no matter what, a children’s primary source of safety and trust becomes a source of insecurity.

Reclaim your influence
“Our challenge as parents is to provide an invitation that’s too desirable to turn down, a loving acceptance that no peer can provide,” says Maté.

“A real relationship with kids doesn’t depend on words; it depends on the capacity to be with them,” says Maté. “Welcome their presence with your body language and energy. Express delight in the child’s very being.” And your most challenging job as a parent is to do this even when they are pushing your every button, as all kids inevitably do.

No matter how your children are behaving, consider a way to show them that they’re loved and accepted unconditionally. This may go against everything you learned from your parents but consider doing it anyway. And if you find this difficult, take Mate’s advice and think back about what you would’ve really wanted from your own parents in such a situation.

“The ultimate gift is to make a child feel invited to exist in your presence exactly as he or she is at the moment,” says Maté. “Children must know they’re wanted, special, valued, appreciated, and enjoyed. For children to fully receive this invitation, it needs to be genuine and unconditional.”

When children get this level of acceptance, they naturally desire to become closer with whomever is offering it. Rather than fearing or being threatened by their parents, children want to be with them. They want to follow them.

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

Like me, you probably spent lots of time with family and friends over the holidays. And I hope, like me, that time reminded you of just how important and special these relationships can be.

Though you might not realize it, estate planning has the potential to enhance those relationships in some major ways. Planning requires you to closely consider your relationships with family and friends—past, present, and future—like never before. Indeed, the process can be the ultimate forum for heartfelt communication, fostering a deeper bond and sense of intimacy, and prioritizing what matters most in life.

Here are just a few of the valuable ways estate planning can improve the relationships you cherish most:

1) It shows you sincerely care
Taking the time and effort to carefully plan for what will happen to you in the event of your incapacity or death is a genuine demonstration of your love. It would be far easier to do nothing and simply let you family and friends figure it out for themselves. After all, you won’t be around to deal with any of the fallout.

Planning in advance, though, shows that you truly care about the welfare of your loved ones. Such selfless concern and forethought equates to nothing less than a final expression of your unconditional love.

2) It inspires honest communication about difficult issues
Sitting down and having an honest discussion about life’s most taboo subjects—incapacity and death—is almost certain to bring you and your loved ones closer. By facing immortality together, planning has a way of highlighting what’s really important in life—and what’s not.

In fact, our clients consistently share that after going through our estate planning process they feel more connected to the people they love the most. And they also feel clearer about the lives they want to live during the fleeting time we have here on earth.

Planning offers the opportunity to talk openly about matters you may not have even considered. When it comes to choices about distributing assets and naming executors and trustees, you’ll have a chance to engage in frank discussions about why you made the choices you did. And that may just be the first step in actively addressing and healing any problems that may be lurking under the surface of your relationships.

3) It builds a deep sense of trust and respect
Whether it’s the individuals you name as your children’s legal guardians or those you nominate to handle your own end-of-life care, estate planning shows your loved ones just how much you trust and admire them. What greater honor can you bestow upon another than putting your own life and those of your children in their hands?

Though it’s often challenging to verbally express how much you love your family and friends, estate planning demonstrates your affection in a truly tangible way. And once these people see exactly how much you value them, it can foster a deepening of your relationship with one another.

4) It creates a lasting legacy
While estate planning is primarily viewed as a way to pass on your financial wealth and property, it can offer your loved ones much more than just financial security. When done right, it also lets you hand down the most precious assets of all—your life stories, lessons, and values.

In fact, the wisdom and experience you’ve gained during your lifetime are among the most treasured gifts you can give. Left to chance, these gifts are often lost forever. Considering this, our planning process includes a means of preserving and passing on these intangible assets.

We guide clients to create a customized video in which they share their most insightful memories and experiences with those they’re leaving behind. This not only ensures our clients are able to say everything that needs to be said, but that their legacy carries on long after they—and their money—are gone.

The heart of the matter
Estate planning doesn’t have to be a dreary and depressing affair. When done right, it can put your life and relationships into a much clearer focus and ultimately be a tremendously uplifting experience for everyone involved. Contact us today to learn more.

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

Template wills and other cheap legal documents are among the most dangerous choices you can make for the people you love. These plans can fail to keep your family out of court and out of conflict, and can leave the people you love most of all—your children—at risk.

The people you love most
It’s probably distressing to think that by using a cut-rate estate plan you could force your loved ones into court or conflict in the event of your incapacity or death. And if you’re like most parents, it’s probably downright unimaginable to contemplate your children’s care falling into the wrong hands.

Yet that’s exactly what could happen if you rely on free or low-cost fill-in-the-blank wills found online, or even if you hire a lawyer who isn’t equipped or trained to plan for the needs of parents with minor children.

Naming and legally documenting guardians entails a number of complexities that most people aren’t aware of. Even lawyers with decades of experience frequently make at least one of six common errors when naming long-term legal guardians.

If wills drafted with the help of a professional are likely to leave your children at risk, the chances that you’ll get things right on your own are much worse.

What could go wrong?
If your DIY will names legal guardians for your kids in the event of your death, that’s great. But does it include back-ups? And if you named a couple to serve, how is that handled? Do you still want one of them if the other is unavailable due to illness, injury, death, or divorce?

And what happens if you become incapacitated and are unable to care for your children? You might assume the guardians named in the DIY will would automatically get custody, but your will isn’t even operative in the event of your incapacity.

Or perhaps the guardians you named in the will live far from your home, so it would take them a few days to get there. If you haven’t made legally-binding arrangements for the immediate care of your children, it’s possible they will be placed with child protective services until those guardians arrive.

Even if you name family who live nearby as guardians, your kids are still at risk if those guardians are not immediately available if and when needed.

And do they even know where your will is or how to access it? There are simply far too many potential pitfalls when you go it alone.

Kids Legal Planning
To ensure your children are never raised by someone you don’t trust or taken into the custody of strangers (even temporarily), consider creating a comprehensive Kids Protection Plan®.

Protecting your family and assets in the event of your death or incapacity is such a monumentally important task you should never consider winging it with a DIY plan. No matter how busy you are or how little wealth you own, the potentially disastrous consequences are simply too great—and often they’re not even worth the paper they’re printed on.

Plus, proper estate planning doesn’t have to be a depressing, stressful, or morbid event. In fact, we work hard to ensure our planning process is as stress-free as possible.

What’s more, many of our clients actually find the process highly rewarding. Our proprietary systems provide the type of peace of mind that comes from knowing that you’ve not only checked estate planning off your to-do list, but you’ve done it using the most forethought, experience, and knowledge available.

Act now
If you’ve yet to do any planning, contact us to schedule a Family Estate Planning Session. This evaluation will allow us to determine your best option.

If you’ve already created a plan—whether it’s a DIY job or one created with another lawyer’s help—contact us to schedule an Estate Plan Review and Check-Up. We’ll ensure your plan is not only properly drafted and updated, but that it has all of the protections in place to prevent your children from ever being placed in the care of strangers or anyone you’d never want to raise them.

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

You might not be a big fan of their typical life choices, but the Kardashians recently demonstrated impressive wisdom in protecting their minor children using estate planning.

During a recent episode of Keeping Up With The Kardashians, Khloé Kardashian was preparing to give birth to her first child, daughter True. Khloé was second-guessing her initial choice to name her sister Kourtney as the child’s legal guardian in the event something happened to her or the baby’s father, Tristan Thompson.

During her pregnancy, Khloé spent lots of time with her other sister Kimberly and her family, daughters North, Chicago, son Saint, and husband Kanye West. Watching her interacting with her own kids, Khloé really connected with Kim’s mothering style and pondered if she might be a better choice as guardian.

“I always thought Kourtney would be the godparent of my child, but lately I’ve been watching Kim, and she’s been someone I really gravitate to as a mom,” Khloé said.

To make things more challenging, Kourtney always assumed she’d be named guardian and said as much. Over the years, Khloé had lots of fun times with Kourtney’s family—sons Mason, Reign, and daughter Penelope—and Kourtney thought her own passion for motherhood would make her the natural choice.

For guidance, Khloé asked her mother, Kris Jenner, how she chose her kids’ guardians. Kris’ answer was to compare how her two sisters’ raised their own children.

“You just have to think,” Kris told her. “‘Where would I want my child raised, in which environment? Who would I feel like my baby is going to be most comfortable and most loved?’”

In the end, Khloé chose Kim over Kourtney. She explained her decision had nothing to do with her respect or love of Kourtney; it was merely about which style of parenting she felt most comfortable with.

“Watching Kimberly be a mom, I really respect her parenting skills—not that I don’t respect Kourtney’s, I just relate to how Kim parents more,” said Khloé. “I just have to make the best decision for my daughter.”

 Khloé’s actions are admirable for several reasons. First off, far too many parents never get around to legally naming a guardian to care for their children in the event of their death or incapacity. Khloé not only made her choice, but she did so before the child was even born.

Khloé also took the time to speak and spend time with her sisters beforehand, so the family understood the rationale behind her decision. Khloé was lucky her choices were close family members, so she had ample opportunity to experience both of their parenting styles.

Depending on your life situation, you might not be able to spend that much time vetting your choice. But at the very least, you should sit down with each of your top candidates to openly and intimately discuss what you’d expect of them as your child’s new parents.

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