Estate planning is best conducted with the assistance of an attorney, who can help you avoid pitfalls. Still, it is important to know what some of the most common estate planning mistakes are—that way, you can avoid them. Below is a list of ten commonly-seen estate planning errors. 

1. Not Planning 

To kick off this list, we’ll talk about one of the worst mistakes you can make: failing to create an estate plan at all. An estate plan offers protection for you after you die and while you are alive. Not only does it provide you with asset transfer after death, there are other important documents, such as a power of attorney and healthcare directive, that can be extremely valuable in an emergency. 

2. Naming Only One Beneficiary

You always need more than one beneficiary for an asset. This is to safeguard the asset, as what happens if the beneficiary dies before you do? For each policy, account, and asset, you should have a contingent beneficiary that is next in line. Even more ideally, consider listing more one contingent beneficiary. 

3. Forgetting Final Arrangements

Advance-planning what you want to happen for your burial arrangements and funeral is a blessing for people you leave behind. Make sure your wishes for end-of-life care, such as assisted living, hospice, and more are known beforehand as well. It will make things much easier for you relatives. 

4. Not Including POAs

Powers of attorney are necessary protective tools in your estate plan. Commonly, they are seen for finance and healthcare. If you are too incapacitated to make your own financial and/or healthcare decisions, a power of attorney will do this for you. You appoint this trusted individual ahead of time to make these decisions, which will keep you safe even when you’re unwell. 

5. What About Digital Assets? 

Cryptocurrency has become more and more popular, and it is something people forget about when they make estate plans. Make sure these digital assets are included in your estate plan—including keys, passwords, and whatever else your executor needs in order to access them. 

6. Not Discussing Ahead of Time 

One way to minimize family drama is to discuss ahead of time what you’re planning to do with your estate plan. Keeping communication open will ensure that any questions are answered, and relatives who might feel as though the process is unfair or confusing will be able to talk to you about it for peace of mind. After all, it is your estate plan—don’t allow anyone to pressure you into making decisions with which you’re uncomfortable. 

7. Being Overly-Specific

Being overly-specific is another pitfall that a lot of people run into. You might own assets at one time in your life that you don’t own in the future. Are the things you’re putting into your will things that you will definitely have, decades from now? Make sure that whatever you include has lasting potential and longevity. 

8. Neglecting Taxes

Don’t forget—an estate plan can help you minimize your tax burden. Talk to an attorney about ways to minimize and eliminate inheritance and estate taxes (legally, of course).

9. Updating Infrequently

Update your estate plan every three to five years or whenever you experience a major life change (wedding, divorce, new baby, etc.). If you update too infrequently, you run the risk of leaving someone out by mistake or having an estate plan that doesn’t reflect your life situation and goals.

10. Improper Trust Funding 

A trust is a great tool to have in an estate plan, but you have to make sure it is properly funded. Creating the trust is half the battle, the funding is the second part. With your attorney, discuss ways to ensure your trust is properly funded. 

These common mistakes are easy to avoid if you have an attorney. Experienced attorneys will know the pitfalls of estate planning, and they can make sure that you’re being inclusive and sensible when it comes to your plan. Contact WFP today.

St. Patrick’s Day is coming up. Every March 17th, the holiday takes place around the world. Green beer, funky accessories, and a lot of partying and parades are the most common ways that people tip their hat to St. Patrick. Leprechauns might play tricks, but, when it comes to keeping family drama out of your estate plan, you’ll need no such thing. 

It’s no secret that families fight, and will contests aren’t uncommon. However, with these tips and non-tricks, you’ll be able to avoid that unpleasantness. There’s no need to pull a leprechaun-esque trick on your family to keep them calm. All you need is efficiency, a good lawyer, and a solid plan. 

What is a Will Contest? 

Rules vary from state to state. In Florida, probate begins when the will is submitted to the local county court. The court used is the one where the individual resided at the time of death. After the will has been filed, creditors and beneficiaries must be notified. After they have been given notice, they have ninety dates to challenge the will. 

There are a few grounds on which someone can contest a will: these include influence, coercion, fraud, and other legal grounds. To contest, someone files a petition in the court where the probate of the will is taking place. The petition requests that the court invalidate or revoke the will because of the stated legal grounds. 

Who Usually Brings Will Contests? 

Generally, it is a wronged family member who usually contests wills. Don’t get us wrong—fraud, coercion, and other valid legal grounds do exist, and, if there has been wrongdoing, it is important that it is stopped and sorted out. But, in situations where a will challenge is not quite so sincere, sometimes it is a family member who feels shorted or left out who mounts this petition.

Will Your Family Have This Drama? 

You know your family better than we do. Maybe you have a son or daughter who feels entitled to something that they don’t deserve. Perhaps a relative thinks they should be your POA for finances, even though they have a reputation for overspending. Every family has its issues, and you can talk to your family about your estate plan to determine who could potentially challenge the will.

Tips for Avoiding Family Strife When Estate Planning 

Though no steps are foolproof, there are ways to avoid family strife when you are estate-planning. These steps provide you with a good opportunity to keep the drama to a minimum, and it is the third of the three that is most important. 

Create an Overview to Share 

Keeping everyone in the dark certainly won’t help matters. You should create an overview document of your estate plan to offer your loved ones clarity. This document, which can include information on your assets and the different tools in your estate plan toolbox, will help your proposed executor understand your estate. The transparency can also help family members who may feel as though the inheritance process is unfair or confusing. Letting people know what you’re doing and your reasoning ensures there are no secrets. 

Communicate 

Keeping the communication lines open will also be a great assist. Meet with family members who have a role in your estate plan and ensure that they know what is contained and how they will be impacted. It is also important to converse with people who you have left out (or, if you cannot do that for some reason, someone close to them). These conversations may be difficult to have, if not a bit awkward, but they will help you keep drama at bay.

Hire A Lawyer 

One thing about estate planning attorneys is that this is not their first rodeo. They know that estate planning can be an emotional and complicated process, and they have likely seen this drama play out time and again. Hiring a lawyer will not only insure that the documents are legally-sound, but the attorney can also help you avoid common pitfalls, act as a sounding board, and even have some of those hard conversations with your family. 

This article might have intimidated you, as it discusses a topic that a lot of us are uncomfortable with: family drama. However, it’s best to brave this issue head-on and not allow it to affect your estate plan. Call WFP today and schedule an appointment. 

Every March 8th, people come together to celebrate International Women’s Day, which is a holiday that recognizes the achievements of women in history (and today). It has us thinking—how are you protecting the women in your life? Our mothers, grandmothers, sisters, and more deserve to have the best legal protection they can. One way you can show appreciation is to help them set up an estate plan. Below are just a few of the many ways that an estate plan can protect you.

Gives You Agency, Even After You Die 

Though the question of what happens after death is a complicated one, estate plans provide at least one part of the answer. These plans are best-known for helping you determine where your assets will go after you die. With documents like will, trust, and more, you can decide what happens to your things after you die (or perhaps even sooner, if you choose a will).

The consequences of not having at least this mechanism in place can be dire. If someone dies intestate with no will, her estate will be divided up by probate court. Probate courts want to settle debt—assets that she might have wanted to go to family could be liquidated to pay off creditors, leaving the family entirely. 

Can Minimize Taxes 

As estate planning is about protecting loved ones, this includes keeping them from getting a huge tax bite from the IRS. When you estate-plan, you transfer assets to heirs, keeping in mind that you want to create the smallest-possible burden for them, as far as taxes go.

Even a small amount of estate planning can help you reduce much—or, if you’re lucky, even all—of their state and federal estate taxes, as well as their state inheritance taxes. There are ways to decrease tax beneficiaries’ income tax, and, without an estate plan in place, you could end up owing good ol’ Uncle Sam quite a bit.

Will Help Your Kids 

We’ve talked about asset transfer and tax shielding, but, if your kids are young, an estate plan can help them in another way. While estate plans have a reputation for being all about the last will and testament, in reality, they are so much more. One document commonly seen in an estate plan is guardianship papers. 

If you have young kids, use these documents to appoint a guardian for them in the event that something happens to you and your spouse. You can choose a trusted relative or close friend for this position, though you should make sure that you speak with them first before putting the paperwork in place. 

Will Protect You, Even When Incapacitated

Most peoples’ worst nightmare is being so sick that they’re stuck in a hospital for days at a time, if not longer. Sadly, these situations happen, and, if you have an estate plan in place, you can keep your finances and healthcare decisions the same as if you were in tip-top shape.

Documents such as a healthcare directive and power of attorney will allow you to make decisions for yourself, either ahead of time or through a trusted proxy. These types of documents are especially important if you are ill already or suffer from preexisting health complications. 

Helps Avoid Tricky Family Situations

Ah, families. They’re wonderful in so many ways, but every family has drama, at least to some extent. Some of that drama can spill over after you die. Estate plans stop fights before they can begin, as they let you pick who controls your finances (power of attorney) or who gets your things after you die. Though will challenges are not unheard of, an estate plan, when properly prepared, should be impervious to those. 

An estate plan can offer great protection to people who need it. If this sounds like something you want for your female relatives, bring them in for a consultation with an estate planning attorney. This attorney can help guide them on what their estate plan should entail.

If you own a business, the last thing you want is for your hard work to be for naught. Have you given much thought to what you want to happen to your business when you die? Though it is a bit morbid, business succession planning is a must-do for any business owner. In this article, we will go through some of the most common, basic business succession planning FAQs.

1. What is business succession planning? 

Let’s start with a basic definition. Business succession planning is a series of both financial and logistical decisions about who you want to take over your business after you no longer run it. There are a lot of elements that go into a successful business succession plan, so it is best referred to as a conglomeration of important steps and documents. 

2. What are the common ways to transfer ownership? 

Some common ways to transfer ownership of your business include selling your shares to a co-owner or key employee. You can also sell your interests back to your company or to an entrepreneur outside the business. If you want, you can even keep it in the family by passing ownership interest to your heir/family member. 

3. Do you have to die for the plan to be put in place? 

Though we referenced death in the opening paragraph, you do not have to die for this plan to be put in place. You can retire or leave the company—all that matters is that you are no longer running the business. 

4. What is the first step? 

The first step of many is to determine a timeline. When do you want the succession to take place? Will it take place on a specific date or if you are disabled or die? After that, you can begin the work of picking your successor, formalizing SOPs, getting your business valuation, and more. 

5. What are some issues that companies face when succession planning? 

Deciding who to promote is often a huge issue when succession planning, along with maintaining the moral of the company. It is in your best interest to do a through evaluation of your proposed successor, as you want them to be someone who will keep company morale boosted. 

6. How do you decide who to promote, if you go that route? 

In reality, that decision is best left up to you. You should contact other people to see what they think, and our best advice is to just consider the issue really carefully. Determining leadership skills is not an easy task, and that is why this step of succession planning is often difficult for companies. 

7. What should the plan include? 

Each business succession plan is tailored to the particular company, but some major documents in the plan usually include a timeline, list of potential successors, Standard Operating Procedures (formalized), a valuation of your company, and details about how your succession will be funded. 

8. Should other people weigh in? 

It can be hard to know who to talk to during a succession. If you have people you rely on, don’t be afraid to ask them what they think. It is a weighty task to set up this sort of plan, and you don’t want to go it alone. Whether you tell your potential successor or not is up to you. Use your best judgment—if in doubt, hold off telling them until it is time. 

9. Can I change the plan?

Double-check with your lawyer just to make sure, but your succession plan can usually be updated, should you change your mind or have circumstances change. 

10. I’m confused. What do I do? 

This process can be confusing, and if you’re struggling, contact an attorney. They are best-suited to give you third-party legal advice and insight. 

Listed above are just some of the pertinent questions that business owners face when they are coming up with a succession plan. Above all, the most important step is number ten. Don’t be afraid to ask for help. Contacting an attorney will help shed light on the process, making it easier to maneuver. 

Valentine’s Day is coming up, and whether you have someone in your life or not, you still need to make sure your assets are protected. Let’s face it: love doesn’t always work out. In America, the divorce rate is far too high to go into a marriage unprotected. In this article, we’ll give you some tips for managing your assets in a clear, logical way outside of your love, whether lost or not.

Prenuptial Agreement 

Ah, the prenup. This vaunted document helps people avoid having their assets taken by their ex-spouse after a divorce. A prenuptial agreement, as the name suggests, is signed before the couple gets married. Couples list which assets they consider separate property versus those they consider marital (shared) property. 

If the marriage ends, the prenuptial agreement will help avoid disputes about property and money. If there is an asset that you want to keep as your own, like your house, list it in the prenuptial agreement. Word of advice: if your spouse-to-be refuses to sign it, you might be wise to take that as a red flag. 

Post-Divorce Estate Planning 

In some states, documents in your estate plan automatically are altered after your divorce is finalized. Whether they are or not, you still need to schedule an appointment with your estate planning attorney to go over documents to ensure they are updated. For example, you might have left possessions and money to your spouse in your will. After the divorce ends, you will want to change that. You’ll want to change any beneficiary names that list your ex-spouse in the blank space. Otherwise, you could find your future plans heavily-impacted. 

Incapacity Planning

This one is a little different. As financial scams are on the rise, incapacity planning has become more and more talked about. If your elderly parent or grandparent falls in love with a scammer across the globe and begins sending them thousands of dollars, do you have any legal recourse? Online romance scammers are rarely caught and prosecuted, despite law enforcement’s best efforts. 

The best advice that we can give you is to immediately contact a lawyer to see what your options are. If you are listed as the elderly relative’s power of attorney, talk to counsel to determine whether their actions may meet the threshold for you to take control. There’s no clear-cut answer—it all depends on the situation. But, if this sounds like a situation your relative has, unfortunately, found him or herself in, talk to a lawyer as soon as possible.

Exercise Good Judgment 

We couldn’t leave this article without a few words of advice. It’s hard, when you’re in love, to always think clearly. Exercising good judgment with regards to their finances is something that people tend to think of last when they’re in a relationship. Below are five red flags to look out for when it comes to finances in a relationship. Hopefully, you take note of them. 

Financial Red Flags 

1. Hiding financial information: if your partner hides information from you or lies to you about their finances, this is a huge sign to watch out for. 
2. Runaway debt: while everyone has debt, debt that comes from extravagant, nonsensical purchases could be a sign that your partner is not responsible with money. Someone with a spending problem is not a person you with whom you want to mingle accounts. 
3. Frequent borrowing from family: if your partner is always asking for money from mom or dad, that is a red flag to stay away from. That goes double if they rarely pay the money back. 
4. Financial control: on the flip side, if your partner tries to manage your money for you or cont
   rols what you can and cannot spend, he or she could be a financial abuser. Financial control is an enormous red flag. 
5. Consistent late bill payments: we’ve all been late on a bill a time or two. Maybe we missed the date, forgot, or had an emergency that made us short that month. It’s not a huge deal if a late bill payment happens rarely, but it is a bigger problem if your partner consistently falls behind on bills. 

Love can be complicated. We understand that not everything is clear-cut in a relationship, and it is easy to lose your head. If you think that you’ve lost control in a relationship and are in danger of asset loss, contact an attorney immediately to get the situation sorted. 

Well, the Super Bowl is upon us. In just a few short days, the Rams and the Bengals will battle it out to see who the top team in the NFL is. Everyone has placed their bets (whether literal or figurative), but the Super Bowl leads us to think about another question: how are we playing the game of life?

As with any athletic endeavor, it helps to be prepared. In life, preparation helps as well. Estate planning is a great legal tool for anyone trying to be as prepared as they can for all of life’s eventualities. If you have a solid estate plan, then you know that you are playing the game of life pretty well.

Estate Planning as a Preventative Measure

Essentially, estate planning helps you prepare in the even of your death. Estate planning manages an individual’s asset base after they die or are incapacitated. Estate plans often include bequests of assets to the deceased’s heirs, as well as the settlement of tax laws on the estate. The majority of estate plans are set up with an attorney who is well-versed in the intricacies of estate law where the individual lives. 

You can’t plan for death after you’re dead, so you have to set up your estate plan before the worst-case scenario occurs. In the game of life, minimizing the impact of major negative events is important for both you and your family. Here are some of those events listed below: 

Death

When you’re making your estate plan, gather up your important documents, along with your contact information. This will help you execute your last will and testament, a document that provides instruction for where you want your assets to go after you die. An attorney should help you prepare the will, as there are a lot of legal requirements and technicalities to which the document must conform, lest it be invalidated. 

Other documents that can prepare your assets for transfer include a living trust, which is a great way to avoid probate court. You should also arrange for your digital assets to be secured, should you own any, and you can even plan your final arrangements when you have an estate plan. All of these preparations help your assets be divided in the way you best see fit. 

Divorce 

For this negative event (or positive, depending on the situation), the work that you do in your estate plan can include removing your ex-spouse as your beneficiary and striking their name through all your legal documents. Though no one can really predict a divorce, you can act quickly to make sure that your former spouse isn’t entitled to anything in your estate plan. Often, meetings with divorce attorneys and meetings with estate attorneys go hand-in-hand.

Illness or Injury 

There are two important preparative documents to know before you suffer an illness or injury that leaves you incapacitated: power of attorney and an advance directive. This list is far from comprehensive, but these two are some of the most important. 

The power of attorney is a trusted individual that you appoint to manage your healthcare and financial affairs if you become incapacitated. Usually, the power of attorney is split between healthcare and finance—one person handles one task, while another handles the other. 

The living will, also known as an advance directive, is important for anyone with specific end-of-life wishes for their healthcare. The directive is a specific set of instructions that you lay out for doctors and nurses who are taking care of you. A common feature of this directive has to do with refusing resuscitation or something similar. Often, the contents of the directive are based in someone’s specific religious or personal views. 

Will Contests 

There is no surefire way to prevent someone from contesting a will, as you can’t control what other people do. However, you can keep that contest from being successful if your will is executed properly with the help of an attorney. A letter of intent can also be persuasive to a court when determining your will’s meaning. If squabbling over your will is something you foresee in your future, talk to a lawyer to safeguard the document as best you can.

These major events are all negative, but, with the right estate plan, they can be managed properly. Death, divorce, incapacitation, and will contests are all preventable with the help of a good estate planning attorney.