Cava Faulkner

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 recently. 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?

And even though my colleague is an estate planning lawyer herself, and she had a will at home naming guardians for her kids, she didn’t have a definite and clear answer that provided the comfort she wanted. Her will was in a vault, and her named legal guardians lived thousands of miles away.  It was that thought that spurred her to take action, not only for her own family, but to create tools and resources for others as well.

If you’d like to read the book she wrote as a result of her own discoveries, it’s called “Wear Clean Underwear: A Fast, Fun, Friendly—and Essential—Guide to Legal Planning for Busy Parents” and it’s the best-selling book on legal planning for families.

One thing you’ll discover in the book is that even naming a legal guardian in your will is often not enough to keep your kids out of the care of strangers, or someone you wouldn’t want, if something happens to you.

If you are young and healthy, it might be hard to imagine that you won’t be there to care for your kids. But if the COVID-19 pandemic is showing us anything, it’s that even a healthy person can contract a serious illness that leaves them incapacitated and unable to care for their children.

If there is more than one adult in the house, that may alleviate  some of your worry. While naming  legal guardians for your kids may feel especially urgent for a single parent, parents with partners aren’t off the hook. You should take precautions though, especially since there are high infection rates among people who live in the same household.

A professor at the University of Florida has found a more than 19% chance that someone else in the household of a person infected with COVID-19 will also contract the disease. Researchers estimate the average incubation time is about four days and could be infectious for up to two weeks. That means it’s not outside the realm of possibility that you and your partner could both contract the illness, possibly at the same time.

Even if you never contract COVID-19, you are of course still human, and vulnerable to accidents and other dangers that could separate you from your kids—either temporarily or permanently.

Last week we referred to one way to handle parental guilt: naming temporary and permanent legal guardians for your children. Don’t get me wrong, I’m not trying to give you a guilt trip right now! But I am encouraging you to take action if you haven’t already, and I’m going to show you a very easy (and free!) tool to use to get you started.

Go to this website right now and name guardians for your children in a legal document, and then have it reviewed by us. When we review your legal document (or, your will if you already have one), we can discuss who would care for your children in the immediate term if something happens to you, even on a short-term basis.

And, if you are having a difficult time deciding who to name as legal guardians for your children, we can even help you make the right decisions.

Officially answering the question of who will care for your kids if you can’t—even for a short time—is one of the best things you can do right now. It is a real, concrete way you can protect your kids during this scary period of time. We’ve made it as easy as possible for you to get it done quickly, so you can have peace of mind that your kids’ future is secure no matter what happens.

If you need help with the process, please do give us a call and we’ll be glad to walk you through it.

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, contact us to schedule your Family Wealth Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.

Selling your business can bring financial rewards. But to get the best price, you need to minimize red flags to potential buyers and maximize the value of the business asset you have created. Before you sell, figure out how to best position yourself within the market and prove that your business is a good investment to prospective buyers. And be sure to keep in mind the six steps to selling your business:

Your asking price should reflect your business’s actual—not just potential—value. Most buyers won’t take a risk on a potential value. They want to see proof of value, not possibilities. Proof of value comes from things like recurring revenue, a team that can lead itself, not depending on you, and a history of increasing profits and independence.

Potential buyers will be paying close attention to your business’s actual profits. Touting your revenue is informative, but it doesn’t provide the information an investor needs. Look at your profits, and see if there is anything you can do to boost them before you sell. If you’ve been managing profits from a tax perspective, and making them appear as small as possible, you may want to shift this for a few years pre-sale.

Potential buyers will want to see invoices and proof of deposits or account activity. Your tax returns aren’t enough. To do this, you’ll need to get your business’s finances in good shape before you sell, which means updated P&Ls with income and expenses broken down and categorized properly, plus future projections.

Your past financial performance may be relevant, but you can’t base your asking price on past profits. Buyers typically want to see how your business has performed in the last 12 months. Be prepared to provide ample proof of that.

Full disclosure when it comes to your business’s shortcomings is crucial to a good sale. In fact, this is one area that keeps many sellers from getting top offers. Buyers can quickly be turned off if they suspect you are less than forthright.

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, which can last months or even 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:

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.

If you have any type of insurance to cover your funeral, make sure your family knows about it! These policies are often never cashed in because the family didn’t know they existed.

Many funeral 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 actually cover the full cost of the funeral, leaving your family on the hook for the difference. Plus, most states have inadequate laws protecting funds in pre-need plans, putting your money at risk if the funeral provider closes or is bought out by another company.

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.

If you’re looking to buy a prepaid funeral plan in order to qualify for Medicaid, be sure to consult with us first, as not all pre-paid funeral plans are actually Medicaid compliant, even if the funeral home says they are. Moreover, if the irrevocable trust is not set up correctly, it may violate Medicaid’s look-back period, delaying your eligibility.

Many banks offer payable-on-death (POD) accounts, sometimes called Totten Trusts, that you can set up 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, 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.

Indeed, we know one client who lost the money in a joint account she shared with her granddaughter over a single bad business decision. The granddaughter was sued over a lease default, and when she lost the case, her creditors were able to go after the joint account.

You don’t need to buy a pre-built trust from a funeral provider. We can create a customized living trust that 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 an irrevocable trust to help qualify for Medicaid, we can create that too and help you ensure the trust stays totally compliant with all of Medicaid’s requirements.

To help decide which option is best suited for your particular situation, consult with us. We can put an estate plan in place that includes adequate funding to ensure your funeral services are handled just as you wish—and your family isn’t forced to foot the bill.

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, contact us to schedule your Family Wealth Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.

These days, second and even third marriages are fairly commonplace. And the estate planning issues that arise from multiple marriages can be highly complex and confusing. So, how do you navigate estate planning for a blended family?

Merging two families into one presents unique legal and financial challenges that can cause significant conflict and distress unless effective estate planning has been put into place early on. Here are a few of the most common issues that blended families should keep in mind when it comes to estate planning.

If you get remarried and have children from your previous marriage(s), you need to think about how you want to balance providing for your new spouse and ensuring the children from your previous marriage are taken care of in the event you become incapacitated or when you die.

If you intend to keep your assets separate, so each spouse can pass an inheritance to his or her own children, you’ll need to create and maintain separate accounts. One account contains the assets you want to pass on to your children, and the other can be either a separate or joint account that contains the assets you want to share with your spouse.

If you and your spouse commingle your income and assets, then the new spouse will have claim and control of those assets when you die, which can leave your kids with nothing. Moreover, joint accounts can be subject to claims from a former spouse and/or creditors, so unless you want your new spouse to share that risk, keep at least some assets separate.

And, if you’re keeping assets separate, be sure to talk with us about how to do that properly, as it can get tricky, particularly when you start sharing some assets and buying new assets together.

If you have children for whom you want to leave an inheritance, you should think about how and when you want those assets passed on. For example, what if you die prematurely or your spouse is significantly younger than you? Do you want your kids to wait until the new spouse dies to claim their inheritance, or do you want them to receive it immediately following your death?

Establishing a trust can protect assets for each spouse’s children and stipulate when the kids receive their inheritance. You may want to provide your children with some of their inheritance, such as proceeds from a life insurance policy, upon your death and then release the rest at some point in the future. Or if your kids are very young, you may decide to leave that decision up to your spouse or a third-party successor trustee.

A common scenario for blended families is for one spouse to set up a living trust that names themselves as the trustee during his or her lifetime, with the surviving spouse named as successor trustee once they die. This is done to ensure the surviving spouse will be provided for for life and the children will receive the remaining assets once the new spouse passes.

But the new spouse and your children may have conflicting interests, especially if the spouse is older. For example, the new spouse may choose to invest the assets conservatively, ensuring he or she has enough money to live comfortably for a few more decades. However, the children—particularly if they are younger—might be better off having the assets placed into higher-risk investments, which can offer better returns in the long run, but leave less income for the surviving spouse.

In this case, it’s best to name a neutral third-party as successor trustee, so both the children and surviving spouse’s interests can be balanced fairly.

That said, we do recommend leaving at least something to your children from a prior marriage immediately upon your death (in trust if your children are minors). By doing so, you can mitigate potential conflicts between your children and surviving spouse.

A last will and testament is the most commonly thought-of document when it comes to an estate plan. But really it is only a very small part of an integrated plan that ensures your family stays out of court and out of conflict if and when something happens to you.

Do not think you can just write your own will and that will help your family.

You have probably seen ads from services that tout the idea that you can write your own will quickly – maybe even while you are in the security line at the airport (seriously, we have seen those ads in our own Facebook feeds).

Instead, consider the reality that trying to do so could actually create far more trouble for your loved ones down the road if you try to write your own will. Your family and loved ones need you to get professional support from someone who can help you look at what you own, who you love, and what would happen to you and everyone you love if and when something happens to you.

Death is unavoidable – and incapacity may happen before that. These are non-negotiables.

Facing these matters head-on leads you – and your loved ones – to having the best life possible. Otherwise, it is the people you love who get stuck with everything you were not willing to take care of now.

Unfortunately, if you go it alone, you may miss important facets of what happens in the event of your incapacity or death. For example, you may think that a will is sufficient when what you really need is a probate avoidance trust to keep your family out of court. A five-minute will won’t help you stay out of court.

Or you may think your kids are adequately protected because you have a will, but you may really need a full Kids Protection Plan® and without it your kids could end up in the care of strangers, even if just temporarily. Before you do anything, get educated and empowered to do what is right.

The right plan for you begins with knowing what you have, and then being clear on what is necessary to keep your family out of court and conflict and keep your assets out of your state’s unclaimed property fund. If you are ready to write your will, that is great – come see us first.

The biggest mistake you can make is not facing the reality of death, the second biggest mistake is facing it alone.

If you need help getting started, consult with us your Personal Family Lawyer®. We will help you through the process so you can make sure your loved ones are protected and your wishes are honored.

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, contact us to schedule your Family Wealth Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.

Business owners who launch workplace health and wellness programs can enjoy a wide-range of valuable benefits, not just for their employees, but for the entire company.

Outside of a healthier and happier team, such programs can also increase productivity, save money, and even enhance your brand’s image among current and prospective employees.

If you’re looking for a relatively simple way to motivate your staff and increase loyalty, workplace wellness programs should be at the top of your list. The following are just a few of most powerful benefits participating companies can experience.

The most valuable benefit of employee health and wellness programs for business owners is improved productivity. The healthier your employees are, the better they’ll be at their jobs.

In fact, one study published in the Journal of Occupational and Environmental Medicine found that employees who participated in health and wellness programs each gained an average of 10 hours in additional productivity annually. This boost saved their companies $335 in productivity costs per person per year compared to non-participants.

Indeed, the Centers for Disease Control and Prevention estimates that productivity losses related to personal and family health problems cost U.S. employers $1,685 per employee per year, or $225.8 billion annually.

Wellness programs that help employees develop healthier lifestyles will ultimately improve their productivity—and your bottom line.

Health and wellness programs not only improve employees’ physical health, but they also improve their mental health. This can be incredibly valuable for small business owners, as employees at small- to medium-sized companies often feel the most stressed out, as they’re typically shouldering more responsibilities than those at bigger firms.

You don’t need any studies to prove that less stressed-out employees are going to be happier and more productive. Happier and healthier employees are naturally going to have improved work performance, and that’s all the more reason to institute simple things to improve their health outcomes.

Simply providing access to healthy snacks and drinks in the workplace can encourage your team to take short breaks and eat food that will boost their energy levels. Or you might offer flexible work schedules and/or work-from-home opportunities—anything to make employees feel more content.

Again, it’s a no-brainer that healthier employees are going to take fewer sick days. To achieve this, you should provide resources to help improve employee health behaviors.

The easiest way to get employees to adopt a healthier lifestyle is no big secret—simply give them increased opportunities to eat better and exercise more frequently. Most people want to eat healthier and exercise, but many feel like they just don’t have the time.

Stocking the workplace with healthy snacks is one easy option. But you can also give employees more time for lunch, so they don’t have to rely on fast food, or offer to cater lunch for them, and order the food from a nutritious eatery.

It terms of exercise, you can start weekly workplace-sponsored yoga, aerobic, and/or dance classes. Or offer those who use the gym at lunch or right after work an extended break/ earlier time off, so they can more conveniently fit exercise into their daily routine. This might even cause your more sedentary employees to start a fitness regimen out of jealousy.