Articles

With marriage equality, same-gender couples no longer have to pay exorbitant amounts of money for creative estate-planning work-arounds just to achieve similar protections offered to opposite-gender couples. Yet same-gender couples continue to face unique planning challenges.

Because you may have family members who remain opposed to the validity of your marriage, same-gender couples’ estate plans are often more vulnerable to dispute and even sabotage by unsupportive relatives. This could mean that family members are more likely to contest your wishes, or it might entail custody battles over non-biological children in the event of the biological parent’s death.

Unsupportive family members may even try to block the ability of your spouse to make medical decisions on your behalf should you become incapacitated by accident or illness.

While the planning vehicles available to same-gender and opposite-gender married couples are generally the same, there are a few unique...

Even if you do not have an estate plan that you’ve created, the State has one for you. And it’s likely one you won’t like. If you live in Georgia, did you know that if you pass without a will your spouse and children will equally share your assets? Even if they are young kids! Minnesota and other states have their own version of where the money goes. It may be time for you to review the plan the State has for you and make more informed, empowered choices for your family.

If you have created an estate plan with a lawyer, or on your own, it may be time for a review and an update. Estate planning is simply not something you do once, set it and forget it. In the same way your life, the law, and your assets change, your estate plan must sometimes change as well.

Far too many people spend thousands of dollars on a plan, only to have it sit on a shelf getting stale, and then end up leaving their family with a huge mess they had invested time and money to prevent.

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Young families face different estate planning needs and challenges than those who have had a long life behind them. While established families may be concerned about what will happen to their family when they pass on, young, growing families can be more focused on what is happening to their family in the present. And you even may find it hard to justify planning for an “estate” you haven’t yet established! 

But here’s the thing … if you have children, or anyone else you care about, you may not think you have an “estate”, but you do need estate planning.  If you want to ensure your loved ones wouldn’t be stuck in Court and/or conflict if anything happens to you, the only way to do this is to document a plan.

Here are a few estate-planning issues important for young couples to consider as soon as they start a family:

The Care and Custody of Your Children

If you die or become incapacitated before your children reach 18, they...

How often do you wish you knew more about your family? When we’re young, we don’t necessarily pay attention to the stories our elders tell us. Later in life, we often become interested in knowing who and where we come from.

We want to learn more about what makes us who we are, and we may even become interested in genealogy. This has definitely been something I have focused on more this last year and started an ancestry tree. Unfortunately, for many people, the resources that were there when we were younger have become faded memories and the people who could fill us in have already passed on. There are definitely things I wish I could ask my grandmother or grandfather. 

A common life lesson is to take large tasks and break them into smaller parts to make them achievable. This is the thought process behind my 2021 Legacy Journal Challenge.  In my Legacy Planning + Productivity for Moms Facebook Groups, we are enjoying journaling...

The pandemic is causing us to consider a lot of things that we may not have before, even if maybe we should have.

It brings to mind something a colleague of mine shared a while back. One unremarkable weekend, she left her small children with a babysitter and headed out to enjoy dinner at a restaurant with her husband. But as she sat there, a thought crept into her head that she couldn’t let go.

What would happen to her kids, she thought, if she and her husband got into a car accident on the way home? If you have talked with me for any length of time, I have probably shared this story with you. It was a conversation with this particular colleague that changed my entire perspective on my estate planning practice.  It also made me feel I had failed to truly plan for my own kids. 

And even though my colleague is an estate planning lawyer herself, and she had a will at home naming guardians for her kids (as did I), she didn’t have a definite and clear...

The pandemic is causing us to consider a lot of things that we may not have before, even if maybe we should have.

It brings to mind something a colleague of mine shared a while back. One unremarkable weekend, she left her small children with a babysitter and headed out to enjoy dinner at a restaurant with her husband. But as she sat there, a thought crept into her head that she couldn’t let go.

What would happen to her kids, she thought, if she and her husband got into a car accident on the way home? If you have talked with me for any length of time, I have probably shared this story with you. It was a conversation with this particular colleague that changed my entire perspective on my estate planning practice.  It also made me feel I had failed to truly plan for my own kids. 

And even though my colleague is an estate planning lawyer herself, and she had a will at home naming guardians for her kids (as did I), she didn’t have a definite and clear...