IS IT TIME TO PUT YOUR ESTATE PLAN IN WRITING?
By Attorney Gwendolyn K. Christeson, Certified Specialist Estate Planning Trust and Probate Law, The State Bar of California
I have run a successful law center for over two decades helping clients with estate planning, probate, and trust administration. In addition to being a licensed California attorney, I am recognized as a legal specialist in the field of estate planning by the California State Bar. My legal services give clients peace of mind as I help them put their legal affairs in order. I wrote my book, “Legacy Love Letters, How To Leave A Legacy Gift of Love, Hope, Faith, And Gratitude”, because I discovered the most important part of building an estate plan is writing a legacy love letter. A will and trust can only provide an inheritance of earthly treasures, houses, money and personal belongings to loved ones. Through my experiences as a licensed California probate attorney and working with grieving family members, I learned firsthand their memories of their loved ones and a written legacy gift of love, faith, hope, and gratitude were much more important than the stuff left behind. A Legacy Love Letter is a heartfelt final goodbye which is found and read after the passing of a loved one. It is more than an ordinary love letter because it has an everlasting impact. Writing a legacy love letter means that your loved ones will receive a final goodbye and a final “I love you” to cherish.
To leave a legacy you must take important steps during your lifetime. An estate plan ensures that your financial and legal affairs are in order. Not everyone is in the season of legacy planning but there are a number of reasons why you will need to put your estate plan in writing as soon as possible. If you answer “yes” to any of these questions, you will want an estate plan in writing.
Are you over the age of 18 years?
Are you single?
Are you married?
Are you divorced?
Do you have children?
Do you have grandchildren?
Do you own a vehicle?
Do you own personal property?
Do you have a bank account?
Do you have an investment account?
Do you own real property?
Do you want to avoid being subject to a conservatorship court process if you become incapacitated?
Do you want to make your legal and financial affairs easier for your loved ones?
Do you want your loved ones to know your decisions about your choice to be buried or cremated?
Do you want your loved ones to know your decisions about whether or not to donate your organs and for what purpose?
Do you want your loved ones to receive personal property gifts from you?
Do you want your loved ones to stay out of court?
Do you want your loved ones to remember your love and your words of wisdom?
Do you have minor children that will need a guardian?
Do you own pets that will need a caretaker?
Do you have a disabled child who will need a caretaker?
Are you happy with the intestate laws in California? If you died today without your decisions in writing, California law will write a will for you. They will look to your spouse and then your children. If you are not married or do not have children, they will look to your parents or siblings. This is why you need to put your decisions in writing.
If you are estranged from your children or they are not able to make a financial or health decision for you, you need to put your decisions in writing.
If you want to include your church or charity as a beneficiary of your estate, you need to put your decisions in writing.
If you want to provide for a live in partner, making sure they are not evicted from your home upon your death, you need to put your decisions in writing.
If you have a blended family, you need to put your decisions in writing.
If you have a loved one who is not making good decisions about money, you need to put your decisions in writing so that a trust can continue for their benefit.
If you have a loved one who is not making good lifestyle choices about the use of alcohol or drugs, you need to put your decisions in writing so that a trust can continue for their benefit.
If you have a business, you need to put your decisions in writing so that your business can continue without any problems.
If you have a business, you need to put your decisions in writing so that your employees and customers are taken care of.
