Estate Planning? But I’m only 35! Secrets of the Old Rich Guys Revealed
Unless you were born into an Über-rich family (and sometimes even then), your parents’ probably never discussed estate planning when you were growing up and didn’t have any kind of relationship with a personal lawyer (at least not one you remember discussed with fondness!)
It’s not a surprise. 70% of people die without even a Will. So, why would you need to take action now, when you are so young?
Because you are financially smarter than your parents and you care more about the people you’d leave behind than the 70% who die leaving their loved ones in the lurch.
You may be young (or young at heart), but you likely have more far more wealth than your folks already; you certainly have bigger dreams, and there’s a good chance you have kids.
It’s not your age that matters when it comes to planning. Your vision and your family circumstances determine whether you need to plan and when to start.
Regardless of how much money you have in the bank, if you have kids at home, you want to be the one who decides who would take care of your kids in the short-term and who would raise them for the long-term, if you were in an accident. You definitely don’t want to leave that up to a court to decide.
Choosing who will take care of your kids and legally documenting your decisions is estate planning … if you have kids, you need it.
If you do have money in the bank (here in California more than $100,000) or own any real property, you will want that money to get to your family as easily as possible if anything happens to you. The State has a plan for your money, but it’s one that will make life difficult for your loved ones. Under the State’s plan, your family will have to deal with the Court, not have complete control of your assets for 12-16 months and they’ll pay a load of unnecessary expenses that you could have avoided if you had planned ahead.
You definitely don’t want to leave the people you love with a mess because you didn’t take care of things.
Giving your loved ones easy access to your money if you are in an accident is estate planning … if you have money in the bank or own even one piece of real estate, you need it.
And, if you have a big vision for your future, you want to set up your business in such a way that it can never be taken from you if you get divorced or sued and so that when you die, your family won’t lose half of it to the government. Yes, there are ways to totally protect what you are building and they are a lot easier to put in place when your company isn’t worth much, like when you are just starting out in your 30s.
Showing the Universe you mean business about your business and setting it up so that it grows protected for your family is estate planning … if you have a big vision for your future, you need it.
Last, if you want to pass on much more than just your financial wealth and leave the world a better place, you need to set forth the intention to do that and then take action steps throughout your lifetime to capture the intangible assets that are most often lost when someone dies, like your intellectual, spiritual and human assets. It’s about who you are and what’s important to you.
Creating a structure and plan for passing on your values, insights, stories and experience is estate planning …. If you want to leave the world a better place, you need it.
So, what do the old rich guys know that you
should know too?
The most important thing to know is that estate planning is really NOT a do it yourself process.
Sure, you can prepare your own will, trust or health care directive, but real deal, make a difference for your loved ones estate planning (what I call Family Wealth Planning) is about far more than documents; it’s about making the very best decisions for yourself and the people you love most so you can leave the world a better place. And that kind of estate planning cannot be done without the guidance of a trusted personal lawyer to be there for you throughout your lifetime and for your loved ones after you are gone.
Think about the old rich guys …. the guys whose family wealth has grown at each generation –Rockefeller, Carnegie, and Ford to name a few – all had personal lawyers advising them and their family after they were gone and long before they amassed their wealth. Because of these relationships, they left long lasting legacies that improve the world. Contrast that with rich guys like Joe Robbie, Powel Crosley, Jr., and Cornelius Vanderbilt who were once the wealthiest men in America and whose fortunes have been almost entirely dissipated to estate taxes, lawsuits, divorces and general affluenza.
So, learn from the old rich guys who did it right. Show the Universe you are serious about your business by getting control of your financial future. Leave your family with a legacy of true family wealth. If you want to leave the world a better place, even on a small scale, now is the time for you to begin planning your estate.
© 2008 Alexis Martin Neely
WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include everything in quotes with it: “Written by Alexis Martin Neely, mom, writer, speaker and Personal Family Lawyer. Alexis makes it super easy for your family to talk about and plan for sticky subjects like money, death and taxes. Get Alexis’ humorous, enlightening, and often quite revealing “Family Wealth Secrets” at: www.FamilyWealthMatters.com.”
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11 Things to Ask Before Hiring an Estate Planning Lawyer
These are the 11 things you should ask before engaging an estate planning lawyer to help you plan for the well-being of your money, your family and your life.
- Do you prepare a comprehensive plan for my kids’ care if something happens to me, like the Kids Protection Plan™ that names short and long-term guardians and gives specific instructions to all of the guardians and my caregivers? What about an ID card for my wallet listing the short-term guardians with their contact information?
- Are all of your fees flat fees? What about for ongoing work after the initial completion of my estate plan documents? What happens when I call with legal questions 2 years after my planning documents were completed? What if the questions are about something other than my estate plan?
- Do you have a whole team in place or is it just you? What happens if something happens to you or you retire?
- What happens if I need to get a quick question answered and you are not available?
- Do you make sure my assets are titled in the right way? How?
- What happens when things change in my life? Do you notify me about changes in the law? How often do you communicate with me?
- Does my planning fee include a regular review of my plan? What if I want to make changes to my plan?
- Do you have any sort of an estate planning maintenance program or membership program for ongoing service and, if so, what does that include?
- Do you have a process for helping me capture and pass on my intangible wealth, such as my intellectual, spiritual and human assets or who I am and what’s important to me?
- Can you structure my estate plan so that whatever I leave to my kids will be protected from a lawsuit against them or if they are divorced in the future? How often do you build that kind of planning into client’s plans?
- Do you guarantee your service?
Knowing the questions to these answers before you engage an estate planning lawyer will ensure you put in place an estate plan for your family that will really work when your family needs it and won’t end up just a pile of worthless paper after you are gone.
© 2008 Alexis Martin Neely
WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include everything in quotes with it: “Written by Alexis Martin Neely, mom, writer, speaker and Personal Family Lawyer. Alexis makes it super easy for your family to talk about and plan for sticky subjects like money, death and taxes. Get Alexis’ humorous, enlightening, and often quite revealing “Family Wealth Secrets” at: www.FamilyWealthMatters.com.”
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What You Can Learn About Estate Planning From Britney Spears
You probably can’t imagine how the case of a multi-millionaire, fallen from grace pop star could have any application at all to you.
Well, you might be surprised to know that Britney’s case has a lot of lessons for all of us, no matter how much money we have in the bank.
The other day I told you that Britney’s dad had been appointed as conservator of her person and co-conservator of her estate, which means dad’s now in control of what Britney can do, who she can see, and he’s controlling all access to her bank accounts and credit cards.
Well, apparently, over the weekend, Britney attempted to hire her own lawyer (Andrew Streisand) to fight her dad’s attempt to take over her personal and financial affairs.
But, the Court refused to recognize Streisand as Britney’s lawyer because the court-appointed lawyer assigned to evaluate Britney said that Brit doesn’t have capacity right now to hire her own lawyer at this point.
So, she’s out of luck.
For the life of me, I can’t imagine why Britney didn’t have a relationship with her own personal lawyer before now, but apparently she didn’t. You’d think that someone with her wealth would have a Will, a Trust, Health Care Directives, Powers of Attorney, Guardian Nominations … basically a comprehensive estate plan to protect her kids and her money.
And you’d also think that her estate planning would have been handled by her personal lawyer.
Guess not!
If it had, her lawyer would have had standing to appear on her behalf in Court today. But, because she didn’t, there’s no one representing what Britney wants in this whole fiasco.
How is this applicable to you?
Because it highlights how important it is for you to have a relationship with a personal lawyer before you need it.
By the time you need a relationship with a lawyer, it’s often too late. You are in a crisis situation and beginning a relationship during a crisis is often either impossible or very costly.
Instead, if you begin a relationship with your personal lawyer while everything is good and right in your life, you and your family will have someone to call who knows you and what’s important to you during that crisis situation.
One day you’ll need a lawyer, I don’t know when and I don’t know why, but when you do, you’ll be so grateful to have a relationship with your own personal lawyer.
It’s too late now for Britney, but it’s not too late for you … today having a personal lawyer is both accessible and affordable and if you own your home, care about your family, and want a trusted advisor to call when you are in crisis, you can and should have one of your own.
© 2008 Alexis Martin Neely
WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEB SITE? You can, as long as you include everything in quotes with it: “Written by Alexis Martin Neely, mom, writer, speaker and Personal Family Lawyer. Alexis makes it super easy for your family to talk about and plan for sticky subjects like money, death and taxes. Get Alexis’ humorous, enlightening, and often quite revealing “Family Wealth Secrets” at: www.FamilyWealthMatters.com.”
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The IRS Increases Audits of Those Making at Least $100,000
I’m in NYC again this week. Earlier in the week I taped a spot for Better TV and Parents.TV and met with a producer from the Today show! Super exciting!
Brian Wyatt, one of our Personal Family Lawyers in Sacramento, wrote an article on his blog about the increase in audits for high income earners and he’s got some great tips about what you can do to audit proof yourself.
I’ll be back next week!
~Alexis
“The IRS Increases Audits of Those Making at Least $100,000 Per Year”
By Brian D. Wyatt
According to the January 30, 2008 issue of The Wall Street Journal, the IRS has been feeling some pressure to put additional taxpayer money in Uncle Sam’s pockets. The Service has responded by increasing the number of audits of those who make more than $100,000 per year.
In particular, with regard to tax returns filed in 2007, the IRS increased audits of those making at least $100,000 per year by 14%. Those making more than $200,000 saw a 29% increase in audits, and those with at least $1 million in income saw an 89% jump. Even more audits are on the way for these demographics’ 2008 filings. (See, Herman, T., “High Earners Face Surge in Tax Audits,” The Wall Street Journal, January 30, 2008, Page D1.)
If you are self-employed (e.g., you have an S-Corp or are a sole proprietor) and you earn more than $100,000 year, you may want to speak with your accountant about dealing strategically with the increased audit risk.
In addition, The Journal’s Wealth Report Blog suggests three other things high-earning people should do as you look at your 2007 taxes over the next few months:
(1) Don’t get overly creative with your tax accounting. Keeping things simple should trigger fewer automatic “audit-flags” with the IRS.
(2) Try to be consistent with what you did last year, especially with regard to deductions. The software the IRS uses to determine who to audit looks for major variations from year-to-year.
(3) Stick with what the forms tell you. Don’t take a “different position” with respect to a 1099 or K-1 that you receive.
Good luck as you prepare and file your 2007 taxes!
Brian D. Wyatt is a Personal Family Lawyer in the Sacramento-Roseville Area specializing in estate planning, wealth protection, and small business issues. For more information about Brian or his practice, please visit www.wyattlegal.com.


