The National Institute on Retirement Security states that the funds American workers have set aside for retirement are inadequate to the tune of trillions of dollars. Why? Well as the old adage goes: Failing to plan is as good as planning to fail.

One of the first pitfalls in retirement planning is giving up before you ever start. Many people look at projections of what will be needed to retire and conclude it is simply out of reach, so why even try? In conjunction with this defeatist attitude about saving, they may also think Social Security will provide them with a safety net. But the cold hard reality is, Social Security provides nothing more than a meager income at best. It does, however, provide at least a part of what those projections tell you is going to be required.

Estate PlanningErica EndykeOctober 4, 2019retirement, investment, 401k

How to Fund Your Trust to Avoid Probate

A common estate planning mistake many people make — including celebrities like Michael Jackson — is not ensuring the trust you have created holds all your assets. Unfortunately, most lawyers simply do not make sure this is properly handled for their clients, so if you’ve worked with any law office other than ours, you need to double check this critical issue. If you do not transfer your assets into your trust, it is an empty shell and does nothing to accomplish the objectives you had in mind when you established it.

TrustErica EndykeSeptember 30, 2019trust, probate court

Power of Attorney — What Is It and Is It Enough?

Power of attorney (POA) is a document that grants a specific person, called an agent, the authority to make important decisions on behalf of another person, called the principal.

There are many different kinds of power of attorney. The scope of the authority the principal grants to the agent can be very broad or quite specific. The power of attorney document specifies exactly what that authority looks like.

Erica EndykeSeptember 23, 2019power of attorney

Three Health Care Documents You Need to Include in Your Estate Plan

Decisions about your health care are some of the most important you will ever make.

Don’t put off making plans until you are unable to assert your wishes. Including health care documents in your estate plan can ensure your decisions are always your choice, even if you cannot speak for yourself.

Health care documents that clearly state your wishes should be included in your comprehensive estate plan. Here are three documents you need to include in your estate plan to ensure your wishes are respected:

Estate PlanningErica EndykeSeptember 16, 2019estate plan, living will, HIPAA

Is Your Family “Too Young” to Need an Estate Plan?

Young families face different estate planning needs and challenges than those who have had a long life behind them. While established families may be concerned about what will happen to their family when they pass on, young, growing families can be more focused on what is happening to their family in the present. And you even may find it hard to justify planning for an “estate” you haven’t yet established!

But here’s the thing … if you have children, or anyone else you care about, you may not have an “estate”, but you do need estate planning, if you want to ensure your loved ones wouldn’t be stuck in court and/or conflict, if anything happens to you.

Estate PlanningErica EndykeSeptember 9, 2019estate plan, Estate Planning, estate planning for families

The Real Cost To Your Family of Failed Estate Planning: Not Updating Your Plan

If you’re like most people, you probably view estate planning as a burdensome necessity—just one more thing to check off of life’s endless “to-do” list.

You may shop around and find a lawyer to create planning documents for you, or you might try creating your own DIY plan using online documents. Then, you’ll put those documents into a drawer, mentally check estate planning off your to-do list, and forget about them.

The problem is, your estate plan is not a one-and-done type of deal.

The Real Cost To Your Family: Having No Estate Plan At All

When it comes to putting off or refusing to create an estate plan, your mind can concoct all sorts of rationalizations: “I won’t care because I’ll be dead,” “I’m too young,” “That won’t happen to me,” or “My family will know what to do.”

But these thoughts all come from a mix of egoic pride, denial, and above all, we imagine, a lack of real education about estate planning and the consequences to your family. Once you understand exactly what planning is designed to prevent and support, you’ll realize there really is no acceptable excuse for not having a plan, provided you are able to plan and truly care about your family’s experience after you die or if you become incapacitated.

Do Your Homework to Ensure Your Kids Are Properly Cared For No Matter What Happens

It’s back-to-school time again, and when it comes to estate planning you may have homework to do. As a parent, your most critical—and often overlooked—task is to select and legally document guardians for your minor children. Guardians are people legally named to care for your children in the event of your death or incapacity.

Estate PlanningErica EndykeAugust 19, 2019Estate Planning, children

When to Update My Estate Plan

Is it time to update your Estate Plan.

There are two major mistakes in Estate Planning. The first is failing to have a plan at all; the second is failing to update it. Since no one has the crystal ball to forecast when your time will come, your plan should always be reflect your current circumstances, wishes and desires. Since life so fluid, these three elements are constantly shifting.

Estate PlanningErica EndykeAugust 12, 2019Estate Planning, update

What a Will Won’t Do

There are a number of essential things a last will and testament can do for you, such as distribute family heirlooms and name a guardian for minor children, but there are some equally important things a will won’t do.

Erica EndykeAugust 5, 2019will, last will and testament

How to Create a Pet Trust

There is no doubt we are a nation of pet lovers. Unfortunately, the law as it is currently written views pets as property, so providing for your pet in your will won’t work. So how do you protect your favorite fur-person? With a pet trust.

Erica EndykeJuly 22, 2019pet, trust, trustee

Understand What’s At Stake Before Agreeing to Serve as Trustee

Being asked by a family member or close friend to serve as trustee for their trust upon their death can be an incredible honor. At the same time, however, serving as a trustee can be a massive responsibility—and the role is not for everyone.

Life Planning Documents

Most often associate “estate planning” with death. Specifically, what happens to assets after death. However, there are a few documents that are effective while you are living. In fact, they are only effective while you are living so that as soon as you die, they do too. These documents are used when you are physically incapable or unavailable to make decisions on your own. Since statistically speaking, you have more of a chance of becoming incapacitated than dying, these life planning tools are essential for everyone to have.

Erica EndykeJune 27, 2019life planning documents, living will, power of attorney, health care proxy

6 Steps to Select and Name the Right Guardians for Your Children—Part 2

Last week, we shared the first part of our series on selecting and naming the right guardians for your children. If you haven’t read it yet, you can do so here. Here in part two, we discuss the final three steps in the process.

6 Steps to Select and Name the Right Guardians for Your Children—Part 1

One of your most important responsibilities as a parent is to select and legally document guardians for your children. This doesn’t mean just naming godparents or trusting that grandparents will step in if necessary. It means consciously deciding who would raise your children if you cannot. And then it means legally documenting your choices and making sure the people you’ve chosen know what to do if they’re ever called upon.

Erica EndykeJune 13, 2019

The 4 Key Life Skills Your Children Need to Have Before They Inherit

Inherited wealth need not be “an albatross around the neck of the children” as Sting so succinctly put it when asked if he was leaving his wealth to his children.

His children will not see much of his millions, but not all wealthy parents feel the way he does. Many a great family fortune has been built by successive generations of the same family — and many lost as well. The difference is that successful families develop skills in the next generation for respecting, protecting and growing inherited wealth.

inheritanceErica EndykeJune 6, 2019inheritance

4 Critical Planning Tasks to Complete Before Going on Vacation

Going on vacation entails lots of planning: packing luggage, buying plane tickets, making hotel reservations, and confirming rental vehicles. But one thing many people forget to do is plan for the worst. Traveling, especially in foreign destinations, means you’ll likely be at greater risk than usual for illness, injury, and even (wait for it…) death.

Erica EndykeMay 30, 2019

Don’t Leave Home Without It: Three Documents Every College Student Needs

Summer can be a busy time for the family preparing to send their child off to college. While shopping, packing and handling roommate issues may keep you preoccupied, it is important to discuss a few legal matters before your young adult flies the coop. That’s right. Legal matters.

Erica EndykeMay 23, 2019college, HIPAA, documents, paperwork, health care proxy, power of attorney