Inheritance Is Not Automatic

Do you remember Ann Landers, the advice columnist? Recently, readers were asked to send their favorite Ann Landers columns in, and this is one that made the top ten.


Ann Landers – An Inheritance Is A Gift, Not A Right

By Creators Syndicate Inc.

Dear Ann: Let this letter be a wake-up call to all sons, daughters, and grandchildren. The message I want to convey is this: YOUR INHERITANCE IS NOT AUTOMATIC. IT’S A GIFT.

I am an estate planner. Over the last several years, I have seen many clients change their wills, bypassing children and grandchildren, and leave their money to friends, charities, and people they once worked with who were kind and helpful.

There are many reasons for changing a will, but the two most common are disrespect and isolation. In some families, the only time the old folks see the grandchildren is when their parents need a favor–usually, it’s money. So, the message the old folks wish to convey is as follows: “You didn’t make time for me when I was lonely and would have enjoyed your company, so why should I leave you the money I worked for all my life?”

Wake up out there. An inheritance isn’t something that is owed to you. It is a gift of love. When there is no love, there should be no gift.

— Manasota, Fla.

There Are Many Reasons People Change Their Wills

After reading Ann Landers’ column, I am inspired to share some insights from my experience.

Here are the top ten reasons to disinherit a family member:

Unintended Consequences: A frequent and by far the most painful disinheritance occurs when someone leaves everything to a spouse and relies on the spouse’s promise to include your child (and their stepchild) in their estate in the future. Once the parent is gone, there’s no guarantee that the spouse will fulfill this promise, especially if there are strained relationships or conflicts within the family.

Strained Relationships: People write family members out of their will and trust when there is a history of conflict, lack of communication, or emotional estrangement. Past histories of turmoil are not easily forgotten.

Financial Irresponsibility: Concerns about a family member’s inability to manage money responsibly may lead one to redirect assets elsewhere, leave specific instructions, create conditions for inheritance, or designate a financial advisor to oversee disbursements on behalf of the beneficiary.

Disapproval of Lifestyle Choices: Disagreements over a family member’s lifestyle choices, substance abuse, or criminal behavior may influence the decision to include a family member in the estate plan.

Lack of Involvement: Failure to maintain a relationship over the years leaves a person less inclined to include another in the estate.

Caregiver Contributions: Sometimes, the fact that family members have already been provided significant care or support is the reason for disinheritance.

Concerns About the Influence of Others: The fear that a family member will be under the influence of a disliked spouse or others may be a reason to disinherit an heir.

Protecting Heirs: In some cases, a person may choose to disinherit an heir to protect them from predators, creditors, or their own poor decision-making, thereby safeguarding the legacy and assets for future generations.

Fairness Among Heirs: Sometimes, disinheritance can be used to ensure a fair distribution among heirs, especially if one family member has already received significant support or a larger share previously.

Personal Wishes: Ultimately, a person may choose to disinherit family members simply because they feel strongly that their estate should go elsewhere, whether for charitable, philosophical, ethical, moral, or other personal reasons.

Disinheriting a family member, whether by accident or by choice, is significant and may impact many generations. Make sure that your estate plan is well thought out and that your choices are well thought out, properly documented, and legally enforceable.

Broccoli Slaw

Summer BBQs and picnics are right around the corner! Up your traditional coleslaw game with this easy broccoli slaw that packs a punch in both flavor and nutrients.

For the Dressing:

  • 1 c. mayonnaise
  • 3 tbsp. apple cider vinegar
  • 2 tbsp. honey
  • 1/2 tsp. kosher salt
  • 1/2 tsp. ground black pepper

For the Slaw:

  • 12 oz. broccoli slaw mix
  • 1 c. small broccoli florets (from 1 crown)
  • 1 c. matchstick carrots
  • 1 c. shredded red cabbage
  • 1 c. sliced green onions
  • 1 c. raisins
  • 1/2 c. roasted salted sunflower kernels, plus more for serving

Directions:

  1. For the dressing: Whisk together the mayonnaise, vinegar, honey, salt, and pepper in a large bowl until smooth.
  2. For the slaw: Add the broccoli slaw, broccoli florets, carrots, cabbage, green onions, raisins, and sunflower kernels to the dressing; stir to combine. Cover and refrigerate 1 hour or overnight.
  3. Top with more sunflower kernels just before serving, if you like.
  4. Enjoy!

The Pioneer Woman: Easy Broccoli Slaw

Understanding the Intersection of Love and Law

In the grand tapestry of life, relationships weave intricate patterns of joy, love, and companionship. However, beneath the surface of every connection lies an inevitable truth: all relationships will come to an end, whether through death or divorce. While the excitement of everlasting love is thrilling, the reality that all human relationships come to an end is a harsh reality. As an attorney, understanding and addressing this reality is essential in guiding individuals through the complexities of planning for the future.

Love is wonderful—joyful moments, shared dreams for the future, and yes, some legal considerations too. In the realm of estate planning, the end of a relationship—whether by death or divorce—is not a matter of “if,” but “when.” Sadly, every relationship eventually will come to an end. When that happens, the most important thing is how you have planned for that ending. Your planning (or lack thereof) will impact you, your loved ones, your children, your family, and your assets. Recognizing this fundamental truth empowers individuals to take proactive steps to protect their assets, ensure the well-being of loved ones, and leave a legacy that reflects their values and wishes.

Some Things are Certain

As many of you know, I have had the experience of losing a spouse. I have walked that path and know well how life-shattering the emotional and financial realities of that loss can be. During this emotionally challenging time, estate planning serves as a compass, providing clarity and guidance amidst grief. From wills and trusts to advance directives and powers of attorney, thoughtful planning allows individuals to outline their healthcare preferences with precision and care, dictate the distribution of their assets, nominate guardians for minor children, and care for those they leave behind. For married couples, the law in the state where you reside at the time of death has a “default plan” that you fall into IF you have not done your own estate planning. That’s right! Your legislators have chosen a default plan you will fall into if you have not made your own legally effective plan. That default plan set up by your state legislators may or may not align with your personal preferences or the life you’ve built with your loved ones.

The Silver Lining: Protecting Your Property and Legacy

The silver lining? While we can’t prevent the end of relationships, we can prepare for it with compassion and strategic planning, which helps make the end the best possible foundation for a new beginning.

No matter who you are and how much you have or don’t have, the absence of a plan could leave you and your loved ones vulnerable. You can risk losing assets or being unable to make crucial decisions about your property, your business, your children, or your medical choices. Ownership rights of your family can be disrupted without clear, legally effective planning documents. Make sure your home is left in the hands of those you choose in the event of your death. Don’t leave your family of origin in dispute with the family you have chosen to do life with. Any business you own, including businesses owned with your partner, could be jeopardized without clear, legally effective planning and instructions. Don’t leave your loved ones in the position of finding themselves facing homelessness or significant financial loss without a rightful claim to the wealth you have worked for together.

In the unfortunate event of a medical emergency where one partner becomes incapacitated, lacking appropriate legal documentation could impede the other partner’s ability to make critical healthcare decisions on their behalf. This can lead to delays in medical treatment or disagreements among family members over the person’s treatment, causing unnecessary stress and complications during an already challenging time.

For couples with children, failing to establish guardianship arrangements in the event of both parent’s incapacity or death can have devastating consequences. Without a designated guardian, children may be placed in the care of individuals who may not align with your wishes or values, leading to potential custody battles and emotional upheaval for the children and your extended family. If you and your partner end your relationship without mutually agreeing on who may be a guardian for your children, things could get even more chaotic—especially if one of you has documented your desired guardian and the other partner hasn’t. Worst of all, typical wills don’t adequately plan for the needs of minor children. That’s why I offer the Children’s Protection Plan, specifically designed to ensure your children are never raised by anyone other than people you know, love, and trust and are never taken from your home into the care of strangers.

In each of the scenarios above, the absence of proactive estate planning measures leaves individuals vulnerable to legal and financial uncertainties. By taking proactive steps that consider what will happen when your relationship ends, couples can safeguard their assets, ensure their wishes are honored, and provide peace of mind for themselves and their loved ones.

My Role as Your Attorney

In the journey of life, relationships ebb and flow, but their endings are an inevitable part of the human experience. Through estate planning, individuals can confront the reality of death and divorce with grace and foresight, ensuring their legacy endures long after they are gone. As an estate planning attorney, I am dedicated to helping individuals chart a course that honors their past, protects their present, and safeguards their future. One of the best parts of my role is that it extends far beyond the legal realm—it is rooted in empathy, understanding, and a commitment to helping individuals navigate the what-ifs and complexities of the future.

Ready to get the conversation started? Give Cris Carter Law a call today.

Old-Fashioned Strawberry-Rhubarb Crisp

Sweet, tangy, and oh-so-deliciously tempting, this dessert is the perfect ending to a meal (or a delicious start to the day with coffee!).

Ingredients:

Filling

  • 2 pounds rhubarb stalks, sliced 1/2-inch thick
  • 1 1/4 cups sugar, divided
  • 1 pound strawberries, hulled and quartered
  • 3 tablespoons cornstarch
  • 2 teaspoons fresh lemon juice
  • 1 teaspoon pure vanilla extract

Topping

  • 1 stick (4 ounces) unsalted butter, softened
  • 1 1/2 cups light brown sugar
  • 1 1/2 cups all-purpose flour
  • 1 1/4 cups quick-cooking rolled oats
  • 3 tablespoons canola oil
  • 1 1/2 teaspoons cinnamon
  • 3/4 teaspoon kosher salt
Directions:

1. Preheat the oven to 375°F. In a bowl, toss the rhubarb with 3/4 cup of the sugar and let stand for 15 minutes, stirring occasionally. In another bowl, toss the strawberries with the remaining 1/2 cup sugar and let stand for 10 minutes, stirring occasionally.

2. Using a slotted spoon, transfer the rhubarb to the strawberries; discard any rhubarb juice. Add the cornstarch, lemon juice, and vanilla to the fruit and stir well.
Transfer the mixture to a 9- x 13-inch glass baking dish.

3. For the topping, combine all of the ingredients in a medium bowl. Using a pastry blender or your fingers, mix the ingredients together until large crumbs form.

4. Sprinkle the topping evenly over the filling and bake for 30 minutes. Reduce the oven temperature to 325°F and continue baking for about 30 minutes longer, until the fruit filling is bubbling and the topping is nicely browned.

5. Let the crisp rest for 10 to 20 minutes before serving. Serve with whipped cream or vanilla ice cream.

6. Enjoy!
Food And Wine: Old-Fashioned Strawberry-Rhubarb Crisp

If You Have An LLC Or Corporation; Pay Attention To This New Law!

Many people think that the law is black and white; a rigid set of rules cast in stone. Being in the legal profession, I know the law is changing all the time. The changes in the law keeps me on my toes for sure as the law tries to respond to the ever-changing circumstances of our world. Sometimes those changes result in additional burdens; sometimes additional opportunities. Let’s look at two laws that have recently changed and how they may affect you.

If you have a beneficial interest in an LLC or a Corporation created before January 1, 2024, you are now required to file FinCEN’s Beneficial Ownership Information Form under the Corporate Transparency Act (CTA). Even if your LLC is dormant (you don’t use it); or even if the LLC only owns one piece of rental property, each beneficial owner must file the document or be subject to a fine of $500 per day up to $10,000. Ouch! Let’s not take a chance on paying fines. You are deemed a beneficial owner If you own or control 25% or more of a “reporting company.” This reporting requirement is separate and apart and in addition to any state or local filing done to form a new business entity.

If you create an LLC or a Corporation after January 1, 2024, within 90 days of forming that entity, you must file a report with the Department of the Treasury’s Financial Crimes Enforcement Network

Is There Any Good News for LLCs and Corporations?

I had to dig deep to find the good news. Good News: You don’t have to pay any filing fees. More Good News: One and Done. You only have to do this once per entity as long as the beneficiary ownership doesn’t change. Even More Good News: You can file online at the new federal database called BOSS (an acronym for Beneficial Ownership Secure System). Better Good News. The reporting is easy to complete. Given that the purpose of the reporting is to prevent the use of anonymous shell companies for money laundering, tax evasion, and other illegal purposes, you could think of yourself as a modern-day Robin Hood. I’m stretching high to pick that fruit.

You can satiate your curiosity here: Beneficial Ownership Information Reporting

Helping Your Grandchildren

We all know that there’s a special place in our hearts for grandchildren as they often bring joy and special moments to our lives. Well now it is easier for grandparents to help their grandchildren with educational expenses.

The FAFSA Simplification Act, which went into effect last month (Dec 2023), now makes it possible for grandparents to make contributions to a 529 college savings plan for your grandchildren without impacting the student beneficiary’s eligibility for federal financial aid. A 529 plan also applies to qualified vocational training and trade schools.

The 529 Account

A 529 college savings account is a special savings account designed to help individuals, including grandparents, set aside money for future college expenses. Although contributions aren’t federally tax-deductible, the earnings within the 529 account grow tax-free and remain untaxed when they are withdrawn for qualified education expenses.

What The New Rule Changes

When the account owner is a dependent student or custodial parent, the total value of the 529 plan is reported as an investment asset on the Free Application for Federal Student Aid (FAFSA). Previously, if a grandparent owned the 529 plan, any distributions were considered untaxed income for the student, potentially affecting financial aid eligibility. The upcoming change eliminates this concern.

In summary, a 529 plan owned by a grandparent will no longer require reporting on the FAFSA. Even more impactful, distributions from this grandparent-owned 529 plan will not be deemed untaxed income for the student. This allows grandparents to contribute to their grandchild’s education without jeopardizing financial aid eligibility.

Maximizing Grandparent Contributions

It’s important to keep the following in mind when you make contributions to a 529 account for a grandchild:

1 | Funds Must Be Used For Qualified Educational Expenses

Grandparents can use 529 plan funds for a range of qualified educational expenses, including tuition, room and board, books, supplies, laptops, and internet access. However, expenses such as insurance, student health fees, transportation, and extracurriculars are not covered and may incur a ten percent penalty if 529 plan funds are used toward these expenses.

2 | The Annual Gift Exclusion

While grandparents can contribute to their grandchild’s 529 plan, it’s essential to be mindful of the federal annual gift exclusion which currently stands at $18,000 for an individual ($36,000 if you file jointly with a spouse), which is the amount of money a person can gift to someone else without needing to file a gift tax return.

3 | Reconsider Payments Made Directly to The School

Distributions directly paid to the school from grandparent-owned 529 accounts will not affect aid eligibility. However, for now, it’s recommended to pay the grandchild directly.

4 | Timing Matters

The withdrawing of funds from the 529 plan must be done within the same tax year as the educational expenses in adherence to tax regulations.

5 | Watch Your Withdrawal Limits

The amount withdrawn from all 529 plans should be no more than the total cost of the qualified educational expenses billed by the school. Excess withdrawals may incur a 10 percent penalty, but there’s a 60-day window to rectify the situation without penalties.

Start Your Planning Now!

As we dive into this festive season (ho, ho, ho!) and gear up to welcome the promising horizon of a new year, it’s the perfect time to engage in thoughtful reflection and financial preparation. Year-end tax planning isn’t merely a last-minute affair; like estate planning, tax planning is a series of deliberate steps. The key to both is to plan ahead. Failing to plan can lead to unforeseen challenges and complications. Your loved ones deserve better. A well-crafted estate plan safeguards your assets, allows you to make your own choices, ensures your planning is honored, your loved ones are provided for, and can help minimize taxes on your estate. Without estate planning, the distribution of your assets will be subject to the legal system and its complexities, could cause family disputes and conflict, as well as higher tax liabilities. Protecting your legacy and ensuring your loved ones are well cared for requires both careful financial and estate planning which you can put in place now. Taking proactive steps now will save you money, provide invaluable protection for your loved ones and give you peace of mind right away.

To assist you in starting your planning now, below are five actions you can initiate right away to pave the way for tax savings in 2023:

Naming Godparents Does Not Create Legal Guardians

As we start this holiday season, it’s a great time to think about the love of our families. I hope you are blessed this holiday season and will have the opportunity to make many wonderful memories with loved ones.

As a parent, my top priority, of course, was the well-being and future of my children. I am sure that is one of your top priorities as well. You plan for your children’s future, their education, their health, and their happiness.

Godparents

Often, this planning includes the tradition of choosing godparents to guide and mentor your children if something happens to you. A godparent is traditionally someone you name to watch over your child and help them live according to your morals and values. Godparents are meant to be mentors and role models, guiding your child in matters of faith, morality, and character. The role of a godparent is deeply rooted in religious and cultural traditions.

While selecting godparents may be a meaningful tradition, it’s important to understand that naming a godparent is not the same thing as naming a legal guardian for your children. To put it bluntly, even if your child has godparents, if something happens to you, your children could end up in the care of strangers, child protective services, or in the long-term care of someone you would never want raising your children.

Legal Guardians

Naming a legal guardian for your child is a formal, legal process. A legal guardian is someone who has the legal authority to make decisions on behalf of your child, especially if you, as the parent, are unable to do so. This could occur due to your passing, incapacity, or even a temporary situation where you are not available to provide care or make important legal, financial, healthcare, or education decisions for your child. The responsibilities of a legal guardian encompass every area of your child’s life that you would normally manage as a parent. This includes everything from feeding and clothing your child to deciding where they go to school, attending parent-teacher meetings, and which extracurricular activities they participate in. Legal guardianship also includes the decisions about where your child lives and what medical treatment they should or should not receive.

Why Naming Godparents Isn’t Enough

While godparents may be deeply caring and involved in your child’s life, they have no legal authority to make decisions for your child unless they are officially appointed as legal guardians by the court. That means that until that happens (if it happens), your child’s godparents are not legally able to make any decisions for your children, including their basic care needs, education, and medical care.

Without a legal guardian designation (and, ideally, more than one) in writing and signed with the formalities of a Will, godparents may find themselves in an expensive court battle over custody rights, and they may not even be named as the legal guardians of your children at all. In fact, the court could name someone you would never want raising your kids as their legal guardian.

Life-long Legal Protection for Kids

If you’ve already chosen people you trust to serve as lifelong role models and spiritual guardians for your children as their godparents, why not give those people the legal authority to truly perform those duties if something happens to you?

But don’t stop there. The best way to keep your children safe and secure is to create a comprehensive protection plan that keeps your children in the care of the people you choose, no matter what. Ensure your children are protected. Ensure that the authorities know who to contact in an emergency and who can authorize prompt medical care. Make sure your children are never placed in protective custody – even for a minute.

Lesson Learned? Or Not?

You probably read recently that Len Goodman, the long-time judge on “Dancing With the Stars,” died. Len was a sage in the world of dance and was known for his wry and witty humor. It’s too early to tell if he left his loved ones holding the bag or if he had his affairs in order. It never ceases to amaze me the number of people with the time and resources to plan well for the eventuality of their death and fail to have a plan in place.

We all know that we are definitely going to leave this world. We all know that having a plan in place is essential. It’s perplexing that so many people fail to have an estate plan in place or whose plan is outdated and won’t work for their family now.

Earlier this year, Stephen Laurel Boss, also known as “tWitch,” died. TWitch wasn’t familiar to me, but he was to millions of others who knew him as an American DJ, hip-hop dancer, choreographer, television producer, and actor whose personality lit up the stage on So You Think You Can Dance. He was also a producer and frequent guest host on The Ellen Degeneres Show and co-hosted the TV show Disney’s Fairy Tale Weddings alongside his wife and fellow dancer, Allison Holkers.

tWitch and Allison shared a seemingly happy life together in Los Angeles, California, where they were raising their three children, ages 3, 7, and 14. Sadly, on December 13, 2022, tWitch died by suicide at the age of 40. His death came as a complete shock to loved ones who reported the star seemed happy in the weeks leading up to his death.

Boss died without a Will or Trust in place, meaning his wife, Allison Holker, has the task of petitioning the California court system to release Boss’ share of their assets to her. Allison, his widow, will need to wait months before she can formally take possession of the property her husband owned with her, as well as property held in his name alone, including his share of his production company, royalties, and his personal investment account.

Do you know how many people have plenty of notice of their death and fail to protect their families? Celebs and regular people like you and I just fail to do what it takes and leave their loved ones to handle details that they are ill-equipped to handle.

Unnecessary Court Involvement in a Time of Grief

Now, mind you, this happened in California. However, the process that one has to go through in most states is strikingly similar. In order to have access to her late husband’s assets, Allison, his widow, will have to make a public filing in the Probate Court by filing a petition, which asks the court to transfer ownership of a deceased spouse’s property to her as the surviving spouse. Hopefully, there will not be any difficulty in proving that they were legally married at the time of his death.

While the probate court has become more efficient in recent years, the court’s involvement nonetheless delays a spouse’s ability to access the assets of a loved one that has passed – a hurdle no one wants to deal with in the wake of a devastating loss. In addition, the court probate process is entirely public, meaning that the specific assets that loved ones are trying to access are made part of the public record. When your financial affairs become part of the public record, they become available for anyone to discover.

This isn’t just a problem for the wealthy. Even if you own a modest estate at your death, your family will need to go through the probate court process to transfer ownership of your assets if you don’t have an estate plan in place.

How to Prevent This From Happening to Your Loved Ones

When someone dies without an estate plan in place, the probate court’s involvement can be a lengthy and public affair. At a minimum, in Colorado, you can expect the probate process to last at least six months and oftentimes as long as eighteen months or more. How long it will take depends on many variables that we cannot necessarily predict before death. The sad part is that court involvement can be completely avoided IF the couple had created a revocable living trust to hold their family’s assets. If they had, the widow would have had immediate access to all of the couple’s assets upon death, eliminating the need to petition a court or wait for its approval before accessing the funds that rightly belong to her.

A Trust would have also kept the family’s finances private. With a Trust, only the person in charge of managing the Trust assets (the Trustee) and the Trust’s direct beneficiaries need to know how the assets in a Trust are used. There is also no court-imposed timeline on the Trustee for taking care of your final matters (with the exception of some tax elections), so your family can move at the pace that’s right for them when the time comes to put your final affairs in order.

The privacy that a trust provides also helps to eliminate potential family conflict because only the parties directly involved in the Trust will know what the Trust says. If issues between family members arise over the contents of the Trust, the Trust will lay out all of your wishes in detail so that all family members are on the same page and understand your wishes for the ones you’ve left behind.

Guidance for You and the Ones You Love

When you create a revocable living Trust at our firm, we ensure your loved ones have someone to turn to for guidance and support during times of uncertainty. No one expects the sudden loss of a loved one, but when it happens, your world is shaken. Even the simplest tasks can feel overwhelming, let alone the work involved in wrapping up a loved one’s affairs.

That’s why we welcome you to meet with us to discuss your wishes for when you die or if you become incapacitated. If you’re ready to start the estate planning process, contact us today for a complimentary 15-minute discovery call.

Estate Planning Before You Travel: Why It’s Critically Important

Vacations can be the perfect opportunity to relax, disconnect from work and responsibilities, and enjoy your spouse, partner, kids, or friend’s company. But before you head off on your next getaway, there’s something else you should consider doing that might not sound quite as fun—creating an estate plan. While it may not sound like the most exciting way to spend a day, here are some reasons why you need to think about your estate plans before you travel.

  • An estate plan ensures that your minor children will be placed with the person you choose in the event that you and your spouse have a medical emergency while on vacation. Do not risk your children being placed in the foster care system based on the laws of the state in which you are traveling.
  • An estate plan ensures any medical decisions needed while away from home will be handled according to your wishes and with as much ease as possible, no matter where in the world you are when something happens. If you fall ill or become injured and can’t make medical decisions for yourself, your estate plan will ensure that decisions will be made by the person you choose and with your indicated desires for your care at the forefront.
  • Without an estate plan in place, your family or friends could have a heavy lift to get you back home, locate your assets, keep your bills paid, and even ensure your children get taken care of by the right people in the right way.
  • Lastly, an estate plan ensures that any debts or liabilities are taken care of properly in case something happens while on vacation. This can help prevent creditors from trying to collect from surviving family members after the fact — something no one wants to deal with during such a difficult time.

Yes, Even Married Couples Need an Estate Plan

You might think that because you are married, you don’t need an estate plan. Or you might even think your Will is enough and would just handle everything. But that’s generally not the case.

Even if you are married, you still need medical powers of attorney, making it clear that you want your spouse making medical decisions for you and  adding in additional decision-makers. You still want a Living Will to give clarity on how you want medical decisions made for you.

Finally, if you have dependent children, you want to ensure you’ve made it as easy as possible for their care to be continued by the people you want, in the way you want. Without a plan in place, decisions around their care could be tied up for months, including access to the financial assets their caregivers would need to ensure they have what they need along the way.

The Benefits of Working With an Attorney

While you can create an estate plan without legal assistance, there are serious risks to the people you love if your plan is not completed, not updated after it’s been done once, or not completed properly. The only real guarantee for the people you love to have as much ease as possible is if you work with an experienced attorney specializing in estate planning, particularly Life & Legacy Planning. As an Estate Planning Law Firm, we understand what needs to go into a thorough and complete estate plan — as well as the potential pitfalls or issues that could arise due to your unique personal and family dynamics — so you can rest assured knowing everything is being taken care of properly before you embark on your trip.

At Cris Carter Law, LLC, we can advise you on other important documents such as Wills, Trusts, powers of attorney (POA), health care directives (HCD), and guardianship paperwork (for minor children) so you can make informed decisions based on what you want to have happen if you become incapacitated or die. All these items should be considered when creating an effective estate plan — especially when one or both parties will be traveling outside their home country at any point.

Don’t Let a Lack of Planning Dampen Your Vacation Spirits!

Taking a few simple yet critically important steps now can save you and your family considerable headaches down the road if anything were ever to happen while on the road—not only do we want you to enjoy each moment spent together, but we want peace of mind knowing that whatever comes your way is handled according to your wishes!

We can help put a plan together now so that you don’t forget about this important task before packing up for your next adventure. Making sure all your affairs are in order will ensure nothing stands in the way between you and enjoying time together! Contact us today to get started.

Adulting 101: Your Living Will

You may have heard people speak of a “living will” and wondered what they are talking about. A living will is also called an advance health care directive. But, no matter what you call it, every adult needs a legal document that tells your loved ones and doctors the medical care you want if you cannot make those decisions yourself.

Your living will outlines the procedures, medications, and treatments you want or do not want to prolong your life when you cannot make those decisions for yourself. Additionally, it can address if and when you want life support removed and whether you want hydration and nutrition supplied if that is the only thing keeping you alive. If these decisions need to be made and you haven’t provided specific instructions, decisions will be made, and they may not be the decisions that you would have chosen.

Don’t confuse a “living will” with a “last will.” A “last will” sets forth what happens to your property and wealth after you die. A living will sets forth what medical treatment you want while alive.

A healthcare or medical power of attorney is another part of advanced healthcare directives. The healthcare power of attorney is the legal document that names who will make the healthcare decisions for you. Simply put, a medical power of attorney names those who can make medical decisions in the event of your incapacity, while a living will explains what medical care you want.

A living will is a vital part of every adult’s estate plan, as it can ensure your medical treatment is handled exactly the way you want if you cannot communicate. Without a living will, your loved ones are left to make difficult decisions which can result in conflict, stress, and guilt.

We all know that unforeseen illness or injury could strike at any time. Don’t wait to plan. We can assist you to ensure your medical treatment and end-of-life care is tailored to suit your unique needs and wishes and provide counseling and guidance in decision-making.

5 Loving Things To Do For The Ones You Love

5 Loving Things To Do For The Ones You Love

It’s a new year, which means a new chance to do what you’ve been putting off until the time is right. That time is now. Here are 5 of the most loving things you can do for the people you love in the New Year because, at some point, you will become sick or die. And while we don’t like to think about it, the best way not to need to think about it is to plan well.  Then, you can put it out of your mind and live your life as if every day is your last.

The Five Most Loving Things You Can Do For The People You Love In The New Year:

1. Make a Plan. Having a will, a trust, a power of attorney, a health care directive, and, if you have kids, a Children’s Protection Plan is vitally important so you don’t leave your family in a mess and having to deal with an expensive court process overseen by a judge who doesn’t know (or really care) about you or your family. Without a plan in place, you are planning to fail! Don’t do that to your loved ones.

2. Write a letter or record a CD. Pass on what really matters to your family — your values, insights, stories, and experience — in written or recorded form so they can return to you long after you are gone. There are many ways you can save special memories for those you will leave behind one day.

3. Pay for and plan your funeral. Cremated or buried? Ashes or body where? Yes or no to a viewing? Make these decisions now and let your loved ones know, in writing, so they don’t have to worry and wonder. And have the payment arrangements for your funeral expenses handled so they don’t have to scramble and pay for the arrangements at a time when they are overwhelmed with grief.

4. Plan to pay no taxes. Will there be taxes on your estate, and if so, how will your heirs pay them? Meet with your personal and trusted attorney to be sure there are no surprises with estate taxes or other costs, especially if there’s insurance involved. You don’t have to be rich to think about this.

5. Get organized. Let loved ones know where they can find your legal documents, other important paperwork, and the key to your safe deposit box. Be sure to include all of your password information to access online accounts, including email, Facebook, and other regularly accessed computer programs.

Now is the Time to Act

Tax-Saving Strategies For 2022

Although the end of the year can be hectic, it’s also the deadline for you and your family to implement several key tax-savings strategies. By taking action now, you may be able to reduce your tax bill due in April significantly. But you must do this before the end of the year, so act fast.

While there are dozens of potential tax breaks you may qualify for, here are 4 of the leading moves you can make to save big on your 2022 tax return.

1. Maximize retirement account contributions

By maximizing your contributions to tax-deferred retirement accounts, such as IRAs and 401(k)s, you can save for retirement and reduce your taxable income for 2022.

In 2022, you can contribute up to $6,000 to an IRA, up to $20,500 to a 401(k) if you’re under 50, and up to $7,000 to an IRA and $27,000 to a 401(k) for those 50 and older. If you don’t have the cash available to fund the maximum amount, contribute at least any amount that your employer will match since that’s basically free money, and you lose it if you don’t use it.

That said, the ability to deduct your traditional IRA contributions from your taxes comes with certain limitations. These limitations are based on factors such as whether or not you or your spouse are covered by a retirement plan at work and your adjusted gross income (AGI), so make sure you know how your family is affected by these limits when taking deductions. On the other hand, Roth IRA contributions are not tax-deductible since they are made after taxes are taken out, but withdrawals from a Roth in retirement are tax-free.

Additionally, consider maxing out your Health Savings Account (HSA) contributions. Contributions to HSAs for 2022 are capped at $3,650 for individuals and $7,300 for families, with an additional catch-up contribution of $1,000 allowed for those aged 55 and older.

You have until December 31st, 2022, to contribute to a 401(k) plan and until April 18th, 2023, to contribute to an IRA or HSA for the 2022 tax year.

2. Defer income if you’ll make less next year

If you’re expecting to make significantly more income this year than in 2023, try to defer as much income into next year as possible. However, this strategy only makes sense if you’ll be in the same or a lower tax bracket next year.

On the other hand, if you think you’ll be in a higher tax bracket in 2023, you may want to do the opposite and accelerate income into 2022 to take advantage of a lower tax bracket.

3. Use “loss harvesting” to offset capital gains

With the stock and crypto markets down this year, it can be the ideal time to use a strategy called “loss harvesting.” This means selling taxable investment assets (such as stocks, mutual funds, and bonds) at a loss to offset any capital gains you may have realized earlier in the year. Capital losses offset capital gains dollar for dollar.

If your losses exceed your gains, you can write off up to $3,000 of collective losses against other income. Any losses in excess of $3,000 can be carried over into the following year. In fact, you can carry over such losses year after year over your lifetime.

Note that the loss harvesting strategy does not apply to tax-advantaged accounts, such as 401(k)s, IRAs, and 529 plans. Additionally, the IRS “wash-sale” rule prohibits using this tax write-off for buying a “substantially identical” asset within a 30-day window before or after the sale that generated the loss.

Always consult your CPA or financial advisor before employing loss harvesting to ensure it doesn’t backfire on you.

4. Watch your required minimum distributions (RMDs)—or ensure your parents are watching theirs—if you or they are over age 72

If you have an employer-sponsored retirement plan, including a 401(k), 403(b), traditional IRA, SEP IRA, or SIMPLE IRA, you must start taking required minimum distributions (RMDs) by April 1st of the year that follows

the year you turn 72. After that, annual withdrawals must be made by December 31st each year to avoid a severe penalty.

If you fail to take the proper RMD, you may face a 50% excise tax on the amount you should have withdrawn based on your age, life expectancy, and account balance at the beginning of the year. That said, if you do make a mistake, you may be able to avoid the penalty by requesting a waiver from the IRS. You can request a waiver if your failure to take the RMD is due to a reasonable error and you take steps to make the required distribution. To request a waiver, submit Form 5329 to the IRS with a statement explaining the error and the steps you are taking to correct it.

Note that in 2022 the IRS updated its uniform lifetime table to calculate RMDs to account for longer life expectancies. As a result, your RMDs for this year may be slightly lower compared to previous years. To determine your RMD, refer to the IRS RMD worksheet or use an RMD calculator.

Maximize Your 2022 Tax Saving

There you have just four year-end tax-saving strategies that could save your family thousands of dollars on your 2022 tax bill. But DO IT NOW, as the end of the year will be here before you know it.