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A Trust Only Works If It's Funded

  If it’s been a while since you signed your estate plan, consider this a friendly reminder to make sure your trust is fully funded.   This means that your key assets (bank accounts, investments, life insurance, vehicles, and real estate) are titled in the name of your trust, or you’ve named your trust as the beneficiary on those assets. It’s the single best way to ensure all that careful planning you and your attorney did will work exactly as intended. Also, if you’ve been keeping a list of your assets with your trust documents so that your successor trustee knows where your money is (which I recommend doing), take a few minutes to review and update it. Add any new accounts or property you’ve acquired, and note any accounts you’ve closed or property you’ve sold. The most beautifully drafted trust can’t do its job unless your assets are actually in it. Keeping things titled correctly now saves your loved ones a world of paperwork later. If you're a Kirk Estate Planning...
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How to Choose the Right Estate Planning Attorney

  Thinking about wills, trusts, and powers of attorney can feel overwhelming, and choosing the right estate planning attorney makes the process so much easier.  In my practice, I’ve met with dozens of families who put off creating a plan simply because they didn’t know where to start or who to trust. Here are a few things I encourage people to think about when deciding who to hire: 1.  Focus on Estate Planning Look for an attorney who focuses specifically on estate planning. You want someone who works with wills, trusts, and incapacity planning every day, not someone who does it on the side.   Lawyers who regularly prepare wills, trusts, and powers of attorney are more likely to stay current on the relevant law, provide advice tailored to you and your family, and guide you through the process smoothly. 2.  Transparent Pricing  Money shouldn’t be a mystery in this process. Some attorneys charge by the hour, while others (like me) offer f...
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How To Initiate a Conversation with Your Parents about Estate Planning

The holidays can bring families together, which often make them a good time to discuss family matters, including estate planning.  This may be a sensitive or uncomfortable topic for some people, but it is so important that bringing it up is usually worth the discomfort.  An open discussion, even for a few minutes, can help so much in learning information you may need to know in the future, which can help ensure your parents' wishes are followed.  Here are some strategies to make it easier to broach the subject: 1. Choose the Right Setting Opt for a private and relaxed environment, such as after a holiday meal or during quiet downtime. Avoid discussing it during stressful moments or in front of children who may not understand the context. 2. Frame it Around Care and Love Emphasize that estate planning is about honoring their wishes and ensuring their hard-earned legacy is protected. Example: “We want to make sure we can follow your wishes when the time comes. Have you had ...
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Why You Should Hire an Estate Planning Lawyer

  Have you ever wondered why hiring an estate planning lawyer makes sense when anyone can download a Revocable Trust form from the internet or shop for a Last Will and Testament at an office supply store?   While standardized forms or online templates may seem convenient and cost-effective, using a lawyer to handle your estate planning offers several crucial benefits and safeguards. Here's why it is advisable to work with a lawyer for your estate plan rather than relying solely on a computer-generated form: 1.       Legal expertise and personalized advice: Estate planning involves complex legal concepts and considerations. An experienced estate planning attorney has in-depth knowledge of relevant laws, regulations, and strategies. She can provide personalized advice tailored to your specific circumstances, goals, and family dynamics. She can help you navigate through the complexities of estate planning, identify potential issues, and offer solution...
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