Make Family Communication All That it Can Be!

No relationship is immune to conflict. Sooner or later, you, your partner, your children, and others in a relationship with you are bound to not see eye-to-eye about something. Research shows it is how you handle communication with others that will determine both the health and success of your relationships. And we all want our relationships to be as healthy as possible, right? Check out the infographic below from The Gottman Institute. Perhaps you have never heard of The Gottman Institute. The Gottman Institute is a resource that I have followed for years and that I have found to have great value in helping me understand how to communicate with others more successfully. What I have learned from The Gottman Institute has benefitted me personally, professionally, and in every aspect of life, which is why I am sharing it with you. I encourage you to learn about The Four Horsemen. Even more important is learning how to avoid having The Four Horsemen be part of your communication patterns. You can access more information from The Gottman Institute here.

My Pet Is My BFF!

If your BFF is a furry friend, you love and adore them; they are an important part of your life. So it only makes sense that you want the best for your pet even after you are gone. But estate planning for your beloved furry friend may be more complex than you think. When it comes to providing for your pet, it is important to know two things:

  • A pet is considered property under the law &
  • When someone receives your pet in your Will, they can do whatever they want with that property.

Your Will Doesn’t Cut It

Under the law, a pet is considered personal property, just like your money, furniture, and clothes. Because of this, you can’t leave money or possessions to your pet directly through your Will. If you leave money directly to your pet in your Will, the money will instead skip your pet and pass to the beneficiaries you named to receive the remainder of your possessions. And if you didn’t name anyone else, the court will give your possessions, including your pet, to your next of kin.

Worst of all, the person that receives your pet and any money left for the care of your pet in your Will, has absolutely no legal obligation to use that money for your pet’s care or even to keep your pet at all.

A Will Provides No Guarantees

For Their FutureBecause you can’t leave money to your pet directly, your first thought might be to leave your pet and money for its care to someone you trust through your Will instead. This option is not likely to work.

That’s because the person you name as the beneficiary of your pet in your Will has no legal obligation to use the funds you leave for your pet’s care for that purpose. Even if you leave detailed instructions for your pet’s care, your beneficiary does not have to accept the responsibility of caring for your pet. Nothing stops them from changing their mind and abandoning your BFF.

You might think that the person you’d leave your pet to would love them and would never abandon them. (Ask the local shelter how often they see this happen). Even if your chosen person is committed to caring for your pet, it’s simply impossible to predict what circumstances might occur in the future that could make it impossible for them to provide for your pet for the rest of your pet’s life.

And a Will Isn’t Fast Enough

The other issue a Will creates for your pet is that a Will is required by law to go through the court process known as probate before any of your property can be distributed to the people you’ve named, and of course, it only operates in the event of your death, not your incapacity.

The probate process itself can take months (a minimum of 8 months on a good day) or even years to complete. During that time, your pet could be passed around between those who argue over who should care for it. In the worst-case scenario, no one may even think to check in on your pet regularly while the court process is unfolding.

Plus, a Will only goes into effect upon your death, so if you’re incapacitated by accident or illness, it would do nothing to protect your companion. This leaves your pet in limbo and vulnerable to being rehomed to someone you would not have chosen or wanted to care for your pet. In the worst scenario, your pet could be surrendered to a shelter by the time everything gets figured out.

Provide Long-Lasting Care for Your Pet Through a Pet Trust

In order to be completely confident that your pet is properly taken care of and that the money you leave for its care is used precisely as intended, ask us to help you create a Pet Trust.

By creating a Pet Trust, you can lay out detailed, legally binding rules for how your pet’s chosen caregiver (the trustee) can use the funds you leave for your furry friend. And unlike a Will, a Pet Trust will go into effect immediately in the event you become incapacitated or pass away.

Do Right By Your Pet

With a Pet Trust, all of the care decisions and financial distributions for your pet will happen in the privacy of our office in the event of your death or incapacity. Unlike a Will, a Pet Trust doesn’t go through probate, which means it goes into effect immediately if you become incapacitated or pass away. We’ll guide your decision-makers about how and why you made your decisions and how they need to care for your pet to receive distributions. And, while that may seem excessive for some, it is perfect for those clients who care so much about the well-being of their pets and want to ensure their pet gets plenty of tender loving care in the future.

Contact us today to schedule a consultation and ensure you’re doing right by your pet.

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.

‘Tis the Season

Beware of Holiday Scammers

‘Tis the season for fall leaves, first snowfalls, hot apple cider, and holiday cheer. For most of us, the holidays are full of giving, getting, and goodwill. 

But we must also realize that the holidays are the time of year when scammers are out in droves. Unfortunately, not only is the number of scammers multiplying each year, but scammers have also become more and more adept at creating new scams to rip you off both in person and online. 

Thousands of people become victims of holiday scams each year. The numbers are staggering. Consumers lost $770 Million to scams that originated on social media in 2021. Non-payment or non-delivery scams cost people more than $337 million, and credit card fraud accounted for another $173 million in losses. That is a large chunk of change! Not only is it the hard-earned money you can lose, but scammers can rob you of your identity and personal information and ruin your festive mood.

When shopping online this holiday season—or any time of year—always be aware of deals that seem too good to be true. Do your part to avoid becoming a scammer’s next victim! 

Tips to Avoid Holiday Scams

Whether you’re the buyer or the seller, there are a number of ways you can protect yourself—and your wallet.

PROTECT YOUR PERSONAL INFO. It’s easy to hit a button and “Buy” from anyone anywhere on your phone or laptop. However, be sure you’re not sharing personal or credit card information over public Wi-Fi. Only “BUY” when you are on a secure network.

DON’T CLICK. Don’t click on just any links or attachments in emails, websites, or social media. Phishing scams and similar crimes offer a link to click on whereby you give up some personal information like your name, password, and bank account number. You may unknowingly download malware to your device with just a few link clicks. 

GIFT CARDS. Yes, gift cards are a convenient holiday gift, but they also open the door to several scams. Gift cards are for gifts, not for payments. If someone asks you to pay them with a gift card, that’s a scam. Gift cards are popular with scammers because they’re easy for people to find and buy. They also have fewer protections for buyers compared to some other payment options. They’re more like cash: once a scammer has the gift card number and the PIN, they have your money. 

If you are going to use gift cards, stick to stores you know and trust. Avoid buying from online auction sites because the cards may be fake or stolen. 

Check out your gift card before you buy it. To ensure your gift card is protected, avoid the rack and ask for one directly from the counter. Make sure the protective stickers are on the card and that they do not appear to have been tampered with. Also, check that the PIN on the back isn’t showing. Get a different card if you spot a problem. And always keep your receipt with the card’s ID number on it, as that will allow you to file a report if your gift card goes missing.  

TOO GOOD TO BE TRUE DEALS. There may appear to be deals galore over the holidays, and many are on social media – but not all of them are legitimate. Carefully read reviews, look for security credentials on websites, and research unfamiliar retailers before you take advantage of a deal or discount. If it is too good to be true, it probably is. 

BEWARE OF PORCH PIRATES. When you’re expecting packages over the holidays, shippers will often provide us with updates on the status of our orders. Knowing this, scammers will send phishing emails pretending to be from companies like FedEx and UPS to lure us to phony web pages and get us to share personal information. So, look closely at delivery notifications and email updates before you click on links or input information. And remember, UPS and FedEx won’t ask for personal information via email.

DON’T RESPOND TO REQUESTS FOR UPDATES. Be especially wary if a company asks you to update your password or account information. Look up the company’s phone number on your own and call the company.

ROBOCALLS. The robocall scams continue. I’ve had two calls this year that appeared to be from a utility company. Lucky for me, the caller didn’t realize that I was going to interrogate him more aggressively before he was going to get information from me. Those calls appeared legit on my phone, and identified the call as the phone number for the utility company. Otherwise, I would never have picked up the calls in the first place. The caller attempted to tell me a past-due utility bill had been overlooked. I started asking very detailed questions to which the utility company would have the answers. I did report the calls to the utility company, and they enlightened me to the fact that scammers can now disguise their call and have it appear that it is the actual telephone number of the company itself. 

The bottom line is don’t answer the phone if you don’t recognize the number. Scammers often use this time of year to call and solicit donations for fake charities. Don’t ever agree to donate to a charity or buy anything over the phone without first looking into the organization.

 As we move into the holiday season, remember that we can all be targeted by unscrupulous persons. The best thing you can do to protect yourself is to be AWARE of the newest scams out there and verify the identity of the person or organization to be sure they are legit. Don’t be afraid to ask lots of questions, pause, think, and hang up if any red flags arise. 

5 Ways to Ensure Your LLC is Doing What It Is Meant to Do

Many business owners operate their business as a limited liability company (LLC) due to the personal liability protection an LLC allows. Owners of rental properties also use LLC entities to protect their assets. Why? Because they are smart and because LLCs are not required to adhere to the burdensome formalities and administrative hassles required of corporations.

However, whether you are a full-fledged business or in the business of protecting real estate or other assets, make sure you do it right. Unfortunately, many LLC owners fail to abide by basic operational guidelines and therefore put their assets in DANGER. If you want to maintain an LLC’s personal liability protection, be sure to adhere to the basic operational details.

What Happens If You Don’t Dot the I’s and Cross the T’s?

If you fail to do the basics in operating your LLC, a court can remove the personal liability protection barrier that shields your personal assets WITH A STROKE OF THE PEN! They call is “piercing the veil!” Once the veil is pierced, you and ALL your assets become vulnerable as you are personally liable.

So, what is a savvy owner to do? By implementing and adhering to the following best practices, you can help ensure your company stays in compliance and that your personal assets have the maximum protection possible.

1. Create an Operating Agreement

I hear from LLC owners that an Operating Agreement is not legally required in Colorado. Although that is technically true, it does not mean that it is a smart practice not to have an Operating Agreement. Just because the law does not “require” something doesn’t mean it is not vital or important. Having an Operating Agreement in place provides the essential legal guidelines and framework for how your company will be run and clearly establishes your business as a legal entity separate and apart from you as a person. 

You will be glad you have an Operating Agreement with the protection it provides when your creditors, the IRS, or other people that want a piece of your pie, come calling. We can help you create a robust operating agreement that suits the specific needs and circumstances of your particular business.

2. Conduct All Business in The Company’s Name

All business should be conducted in the company’s name. Your company name is the complete business name, including the limited-liability abbreviation (LLC). And do not forget that you never, ever, ever, ever sign a legal agreement in your name. Every legal agreement and every financial transaction should be signed in the name of your LLC. All business material, including business cards, correspondence, invoices, advertising, websites, and social media, should also use the LLC to identify your company. Otherwise, someone can claim that they didn’t know he was dealing with an LLC, sue you, and seek to get into your personal assets.

3. Keep Your Company Banking Separate. Never Mix Personal and Business Funds

As part of setting up an LLC, we obtain an employer identification number (EIN) for you so that you may set up a bank account in the LLC’s name. Your business account should be used for ALL company transactions, including major and everyday purchases. And, it goes without saying that ALL payments to the business should always be made to the company account. Company funds should never be used to pay your personal bills. Commingling personal and business assets are one of the main reasons courts “pierce the veil” of an LLC’s liability protection. For this reason, keeping your company’s finances separate from your own is a top priority. 

4. File Regular Reports With The State

Nearly all states require LLCs to file regular reports annually. In Colorado, the annual report is filed with the Colorado Secretary of State and keeps that governing agency apprised of key information and changes to your company’s status. As a business owner, you must ensure that your company’s information is up to date.

5. Hold Regular Member Meetings & Keep Minutes

This is another area where business owners fail, as they have “heard” that LLCs don’t need to have meetings or document what is occurring. While it is true that there may not be a specific law or legal requirement that LLCs hold meetings and keep minutes, these are important for several reasons.

In addition to protecting your personal assets from liability, holding regular meetings with accurate minutes provides strong evidence that your LLC is real and observes the formalities necessary to be treated as a legal entity separate and apart from you personally.

Combined with your operating agreement, regular reports to the state, and diligent separation of personal and business finances, such meetings offer extra protection if creditors ever seek to pierce your corporate veil. Holding regular meetings and keeping detailed minutes makes good business sense, especially for multi-member LLCs. For instance, regular meetings facilitate consensus among members when making major decisions, keep members informed of business actions, and provide a forum to plan for your company’s future.

Meeting minutes also provide a clear record of member discussions, votes, and decisions, which can help reduce member disputes and conflict. Plus, keeping detailed minutes provides solid documentation of your company’s operations should the IRS or courts ever request such records.

We’ve Got Your Back

As your lawyer, we are here to support and assist you with setting up your LLC and teaching you how best to adhere to the necessary formalities. Protection from liability is what we do, whether that be through creating an LLC or a trust. Our brightest clients have both. Do you know why? It is to ensure the maximum level of liability protection is in place. Contact us today to learn more.