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4 Tips for Avoiding a Will or Trust Contest

A will or trust contest can derail your final wishes, rapidly deplete your estate, and tear your loved ones apart. But with proper planning, you can help your family avoid a potentially disastrous will or trust contest.

If you are concerned about challenges to your estate plan, consider the following:

Do not attempt “do it yourself” solutions. If you are concerned about an heir contesting your estate plan, the last thing you want to do is attempt to write or update your will or trust on your own. Only an experienced estate planning attorney can help you put together and maintain an estate plan that will discourage lawsuits and ensure all legal formalities are followed.
Let family members know about your estate plan. When it comes to estate planning, secrecy breeds contempt. While it is not necessary to let your family members know all of the intimate details of your estate plan, you should let them know that you have taken the time to create a plan that spells out your final wishes and who they should contact if you become incapacitated or die.
Use discretionary trusts for problematic beneficiaries. You may feel that you have to completely disinherit a beneficiary because of concerns that he or she will squander their inheritance or use it in a manner that is against your beliefs or harmful to them. However, there is an alternative to disinheriting someone. For example, you can require that the problematic beneficiary’s share be held in a lifetime discretionary trust and name a neutral, third party, such as a bank or trust company, as trustee. This will ensure that the beneficiary will receive his or her inheritance according to the terms and conditions you have dictated, while keeping the money out of the hands of unintended parties, such as creditors or an ex-spouse. You will also be able to control who will inherit the balance of the trust if the beneficiary dies before the funds are completely distributed.
Keep your estate plan up to date. Estate planning is not a one-time transaction – it is an ongoing process. Therefore, as your circumstances change, you should update your estate plan. An up-to-date estate plan shows that you have taken the time to review and revise your plan as your family and financial situations change. This, in turn, will discourage challenges since your plan will encompass your current estate planning goals.

By following these four tips, your heirs will be less likely to challenge your estate planning decisions and will be more inclined to fulfill your final wishes. If you are concerned about heirs contesting your will or trust, please call 832-408-0505 or contact us as soon as possible.

Financial Firms Roll Out Form Aimed at Stopping Financial Elder Abuse

With cases of financial exploitation of the elderly on the rise, advisors who work with older clients are looking for ways to head off the abuse before it happens. Enter the “Emergency Contact Authorization Form,” a document in which clients can list a trusted person who should be contacted if an advisor suspects a client is starting to lose their mental capacity or, worse yet, being financially abused or scammed.

How Does an Emergency Contact Authorization Form Work?

The Emergency Contact Authorization Form is a document which allows you to identify someone your financial advisor can contact if your advisor becomes concerned about your ability to continue to manage your finances or believes you are being taken advantage of financially by a relative, friend, caregiver, or even a complete stranger.

The Emergency Contact Authorization Form does not take the place of your “Durable Power of Attorney,” which is a legal document in which you give a person you trust the authority to make financial decisions and carry out financial transactions on your behalf. Instead, the form allows you to designate an individual your advisor can contact to discuss concerns they have about your slipping mental capacity, unusual activity in your accounts, requests for transfers of large sums of money to an unknown person or a foreign bank account, and the like. This designated individual could be the same person as the agent named in your Durable Power of Attorney or some other trusted person in your life. The idea is that once your advisor makes your emergency contact aware of the issues, your contact can reach out to you to determine if the advisor’s concerns are legitimate.

What Should You Do?

Since your financial advisor is in a unique position to know your financial history (for instance, you take a trip to Europe every June, you have been helping your grandkids with their college tuition, you like to make your charitable donations in October to avoid the year-end rush), your advisor is also in a unique position to spot unusual activity and requests. Thus, when your advisor asks you fill out an “Emergency Contact Authorization Form,” carefully consider who you should name, discuss your choice with your advisor, complete the form, let the person you’ve chosen know that they have been designated, and give that person your advisor’s contact information.

Nonetheless, keep in mind that while an Emergency Contact Authorization Form is a good start, it will only work at the institution where it is on record. To insure that all of your financial accounts will continue to be managed and your bills will get paid if you become mentally incapacitated, you will need to sign a Durable Power of Attorney.

Please contact our office if you have any questions about Emergency Contact Authorization Forms, Durable Powers of Attorney, or if you suspect a family member or friend is being financially exploited or abused.

Is now the time to remodel your old trust?

There are several reasons why you should update your existing trust or perhaps your entire estate plan. While estate planning documents do not necessarily have a shelf life, they may not fulfill your goals when your circumstances change. Of course, having estate planning documents that are up-to-date is critical, but how do you know when you should make changes?

Reasons to Make Changes

It is important to note that just because you have a trust in place does not mean you are bound to keep it as is; this is even true if the trust was inherited from someone else. Indeed, there is more than one way to make necessary changes: sometimes you can establish a new trust or simply revise the terms of an existing trust. Finally, making changes to an existing trust – and other estate planning documents – can help you save money and costs, and it may allow you to make better investments decisions.

Below are some reasons to update a trust or other estate planning document that determines how your assets will be disposed of at the time of your death or incapacity.

Your marital status changed: This situation nearly always affects what a person wants to do with his or her assets upon death or incapacity. A new marriage should prompt you to define your spouse’s share of the assets. Otherwise, local intestate laws will dictate their distribution. When there are children from prior marriages, a second or subsequent marriage should alert you to put together an estate plan that addresses your blended family. Although divorce may automatically remove your spouse as a beneficiary under your will, it always makes sense to have a comprehensive review of your estate plan after a divorce.
Children entered the picture or grew up: When children have joined your family through a recent birth, adoption, or blended family, you need to have a plan in place in the event something happens to you. This is particularly true if you want to determine how and when the children receive the funds they will inherit, which can be addressed with a trust. Likewise, your old trust may have been written years ago, when the children were still minors. Circumstances have likely changed since then. You may want to update the trust to better match your family’s current needs.
Tax laws have changed: Over the past few years, federal estate tax laws have undergone significant changes – and even more so over the past 15 years. A trust that was initially designed to avoid estate taxes may now just unnecessarily tie up your assets. This may be a reason to “unwind” a trust when the tax reasons are no longer necessary.
Your choice of trustee has changed: Be sure to check your trust and other estate planning documents once a year and make any updates to your choice of trustee, beneficiary, executor, and so on.
Your assets have changed drastically: Updates to your old trust and other estate planning documents are likely needed if you have experienced a substantial change in assets. This may need to be addressed if you have inherited or earned enough assets to exceed the estate tax exclusion; the tax provides a lifetime exemption of $11.58 million per donor in 2020.

Get Good Advice

While these are the most common reasons to update an old trust, they are not the only impetus for giving your estate plan a tune-up. Even if you are unsure whether changes to your old trust are necessary, be sure to seek out a qualified estate planning professional to help you make sure you and your loved ones are well prepared for the future. Call or contact us today.

https://gpschoemakers.com/14537-2/

Why Your Estate Planning Project Must Morph into a Process

Many people put their estate plan on their to-do list as a one-time project: “Create estate plan” or “Meeting with lawyer 10:30 a.m. Thursday for estate plan.”

Thinking of your estate plan as a single project or task to complete and move off your list is a common approach – but it’s also an approach that can land you in considerable hot water. Here’s why it’s essential to view your estate plan as a process, rather than a project.

Process vs. Project: What’s the Difference?

A project that takes several steps to complete – like an estate plan – can seem like it’s a “process” already. First, I need to call the lawyer. Then, I need to make time to attend the appointment. Before that, I need to get together these documents….

In fact, a project doesn’t become a process simply because it takes time and effort to complete. Here are some of the key differences between a project and a process.

A Project:

Seeks to create something new or implement a single, concrete change.
Requires leadership to plan and execute.
Can have its plans or goals changed on short notice.

A Process:

Creates value by returning to the same task many times.
Requires management to ensure the process is consistent and produces expected results.
Can be changed only by launching a project with a goal to change the process.

Estate Planning as Process

When you’re creating a new estate plan, it’s natural to see that plan as a project. You’re creating something new when you work with a team to implement your plan. You create a positive change in your life by having an estate plan from not having one. And, you’re right. Setting up a trust or implementing your first estate plan certainly qualifies as a project.

But, the goal of the estate plan “project,” however, should transition into an estate planning process by which you check, evaluate, and update your will, trust, and other legal documents regularly – perhaps once a year, but certainly every time you hit a major life milestone, like the birth of child or grandchild, death of family member, divorce, marriage, significant change in assets or income, and the like. When your estate planning is viewed as a lifelong process, your plan is much more likely to serve your family’s needs, whatever they may be, when the time comes simply because you’ve been managing it proactively with each change in your circumstances.

We can help you get started with estate planning and are here to guide you along the entire process. Let us become your ally in managing the process and in ensuring that you and your family gain maximum value from returning to it on a proper schedule.

Virtual Estate Planning in the Age of COVID-19

As the New Normal has set in, and the COVID-19 guidelines are making traditional estate planning services impossible, we are still receiving requests by people to do their estate plan.

If you are a fellow Texan looking to plan, we can help you. We have been helping people with their online planning for nearly a decade now, and are ready to serve you.

Our flat fee simple estate plan package includes:

Last Will and Testament
Revocable Living Trust (if you choose to have a Trust Based plan)
Declaration of Appointment for Guardian of a Child
Durable Power of Attorney
Medical Power of Attorney
Directive to Physician (“Living Will”)
HIPAA Release
Declaration of Guardian
Appointment for Disposition of Remains

The Texas Estates Code requires a valid Texas Will to be executed in the presence of two disinterested witnesses and a notary. To ensure both your and our team’s health and safety, we have implemented alternative methods of getting your documents signed, without needing to come to the office or leave your home.

Once we are retained, our Law Firm will prepare your estate plan package and electronically send the documents to you for review. You can review the documents with your attorney by telephone, or Zoom conference. We will provide you with detailed instructions on how to line up your two disinterested witnesses. We will also assist in scheduling a mobile notary to come to your location for the signing ceremony.

Once final edits to your documents are made, we will send you the final drafts to print. We will schedule a signing ceremony time to finalize your arrangements. When the time comes for the signing ceremony, we will utilize video conferencing software (compatible with most smartphones, tablets, and computers) so our attorney can guide you through the signing process.

How do I get started?

Step 1: Request or schedule an initial Consultation.

Step 2: Complete the online estate planning questionnaire.

Step 3: Our estate planning attorney go over the completed questionnaire with you, make any necessary changes, and draft your estate planning documents for you.

For questions or to schedule an initial consultation, call GP Schoemakers, PLLC at 832-408-0505 or book a consultation here.

There’s Never A Better Time Than Now To Get Your Affairs in Order

The idea of getting your financial and legal house in order is likely the last thing on your mind during the busy holiday season. But, getting started is much easier than you think. In fact, the end of the year is a good time to reflect upon the year that has passed and focus on your aspirations for the future. Don’t hold this task off for later. Some careful thought and a little bit of work now can go a long way to help you feel 100% confident about moving forward in the new tax year.

In preparation for the tax season, you likely have already begun gathering some paperwork, like you property tax bill, year end mortgage statement, or final pay stubs. Although filing your income taxes is different than putting your affairs in order, you’re already in paperwork “mode”, so now is the perfect time to reassess your legal and financial situation to create a new plan or update an existing one that no longer suits your circumstances.

Basic Estate Planning

All you need to do is start with a general list of everything that you own. You don’t have to complete a comprehensive inventory. Think instead about categories of assets, like bank accounts, life insurance, real estate, vehicles, etc.

Then, draw out your family tree and think about who you would like to receive what you’ve spent your lifetime building. If you don’t put your wishes in writing, your estate – everything you’ve worked so hard to build – may be liquidated and will be distributed according to the government’s plan, known as intestacy.

The foundation of all estate plans are wills and trusts. Which one is the best for your depends on your individual circumstances.

A will is a written legal declaration of your intentions on how you want your property disposed upon death. This document is not legally enforceable until after your passing and, therefore, it can be changed at any time before you die or have diminished mental incapacity. A will allows you to control what happens after you are gone.

A trust is a legal arrangement where a trustee manages property for the benefit of the beneficiaries. There are many kinds of trusts, ranging from living trusts to complex dynasty trusts. Each type of trust has its own benefits and drawbacks, so talk with us about which one is the best fit for your circumstances.

Although there are many types of trusts, the one most people need is a living trust. It’s a great alternative to a will, because it can be changed during your life, can provide financial protection should you become incapacitated, and yet often is easier and less expensive for your family to handle upon your death. Another common type of trust is a testamentary trust, which is one that is contained within the provisions of the will. Just like a will, a testamentary trust is not operative until your death, making them a little less flexible and more limited in function.

Benefits of Estate Planning

Estate planning can help provide financial stability for loved ones, designate a guardian for minor children or disabled family members, distribute property to chosen charitable organizations, reduce tax liabilities, and achieve other personal and family goals. Organizing your financial and legal affairs is your opportunity to make impactful decisions on your assets, money, and healthcare and leave a legacy after you are gone.

Planning your estate may feel like a daunting task. We’re here to help. You don’t have to do this alone. Call or contact us today to discuss your options and organize your future.

Estate Planning That Expresses Who You Are – 5 Things to Talk About with Your Family

You intend to pass along your wealth through your estate plan, but what about your wisdom? Ensuring you accomplish both calls for a family meeting to have a conversation about your money, your legacy, and your core principles.

Most families lead far-flung and busy lives, meaning the only time they see one another face-to-face is around the dinner table during a handful of major holidays. The estate planning process is a perfect opportunity to bring everyone together outside of those scheduled occasions — even if a child or grandchild has to attend via video chat.

Working with your estate planning attorney in collaboration any other advisors you have in your corner can make this legacy-enriching process seamless and genuinely enjoyable. But bringing your family and your professional advisors into the conversation is better yet, as they’ll get to learn new things about you and get to share stories and memories of their own. Here are just a few of the topics you’ll want to go over during your family meeting:

Your rich life story

You may think it’s all been said before, but this is the perfect time to schedule or conduct recording sessions about your own personal life narrative. These recordings will be treasured while you’re still here and long after you’re gone. Allow your family members to ask about particularly fond memories of yours, knowing that you’re creating a time capsule of sorts that will contain the uniqueness of your personality and the experiences that shaped you into the person you are today. And perhaps most importantly, share the valuable lessons you’ve learned from your experiences. Your family will be better for it.

How you’d like to be honored

Estate planning involves considering some weighty decisions when it comes to long-term care, powers of attorney, and other situations that may arise should you become mentally incapacitated. Although these are not the sunniest of topics, it’s important to express to your family why you’re opting for the choices you feel most aligned with. This will ease those processes for your loved ones, should these things ever come to pass. And once you get this part of the conversation covered, there are better things to come.

Your family tree

Your family might be curious about more than just your own life story. Take this time to go over your family tree and answer questions the younger members of your family don’t know the answers to about your heritage. Getting a who’s who on paper and in a digital format is an excellent gift to your beneficiaries, as they’ll be able to reference it and build upon it throughout the years.

Significant heirlooms

Every family has heirlooms, and every piece tells a story. It’s common for estate plans to contain physical objects that matter dearly to their owners, such as furniture, garments, jewelry, hobby collections, and memorabilia. Keeping the story of the object alive is more important than transferring its monetary value to the next generation.

Your core values

Your estate plan can be customized to include specific language that carries your values along with it while still leaving room for your beneficiaries to grow and explore on their own terms. Educational, incentive, and charitable trusts are just a few methods available to you to express your values through your estate plan.

You know there’s much more to you than the wealth you’ve accumulated in your life. Likewise, your estate plan is about more than just your financial worth. After all, what’s passed down from generation to generation amounts to something far greater than numbers on paper.

We’d love to help you build your estate plan to include a balanced representation of who you are and what you believe. We’re here to help coach you through the process of going over these topics with your family and weaving them into your trusts and other critical documents. Call us today at 832.408.0505 to set up a time, and we’ll get started right away.

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